Common use of Actively Traded Security Clause in Contracts

Actively Traded Security. Except under circumstances where the Company has provided BNYMCM and the Forward Seller with the notice required pursuant to Section 2.08 of this Agreement, the Common Shares are an “actively-traded security” exempted from the requirements of Rule 101 of Regulation M under the Exchange Act by subsection (c)(1) of such rule.

Appears in 3 contracts

Samples: Sales Agency Financing Agreement (DDR Corp), Sales Agency Financing Agreement (DDR Corp), Sales Agency Financing Agreement (DDR Corp)

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Actively Traded Security. Except under circumstances where the Company has provided BNYMCM and the Forward Seller with the notice required pursuant to Section 2.08 7(x) of this Agreement, the Common Shares are Stock is an “actively-actively traded security” exempted excepted from the requirements of Rule 101 of Regulation M under the Exchange Act by subsection (c)(1) of such rule.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Washington Real Estate Investment Trust), Equity Distribution Agreement (Washington Real Estate Investment Trust)

Actively Traded Security. Except under circumstances where the Company has provided BNYMCM SCUSA and the Forward Seller with the notice required pursuant to Section 2.08 of this Agreement, the Common Shares are an “actively-traded security” exempted from the requirements of Rule 101 of Regulation M under the Exchange Act by subsection (c)(1) of such rule.

Appears in 2 contracts

Samples: Sales Agency Financing Agreement (DDR Corp), Sales Agency Financing Agreement (DDR Corp)

Actively Traded Security. Except under circumstances where the Company has provided BNYMCM and with notice that it reasonably believes that the Forward Seller exemptive provisions set forth in Rule 101(c)(1) of Regulation M under the Exchange Act are not satisfied with respect to the notice required pursuant to Company or the Common Shares (in which case any sales of Common Shares under this Agreement shall be suspended in the manner provided for in Section 2.08 2.07 of this Agreement), the Common Shares are an “actively-actively traded security” exempted from the requirements of Rule 101 of Regulation M under the Exchange Act by subsection (c)(1) of such rule.

Appears in 2 contracts

Samples: Sales Agency Agreement (Southwest Gas Holdings, Inc.), Sales Agency Agreement (Southwest Gas Corp)

Actively Traded Security. Except under circumstances where the Company has provided BNYMCM KBCM and the Forward Seller with the notice required pursuant to Section 2.08 of this Agreement, the Common Shares are an “actively-traded security” exempted from the requirements of Rule 101 of Regulation M under the Exchange Act by subsection (c)(1) of such rule.

Appears in 2 contracts

Samples: Sales Agency Financing Agreement (DDR Corp), Sales Agency Financing Agreement (DDR Corp)

Actively Traded Security. Except under circumstances where the Company has provided BNYMCM and the Forward Seller KBCM with the notice required pursuant to Section 2.08 of this Agreement, the Common Shares are an “actively-traded security” exempted from the requirements of Rule 101 of Regulation M under the Exchange Act by subsection (c)(1) of such rule.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (DDR Corp)

Actively Traded Security. Except under circumstances where the Company has provided BNYMCM and the Forward Seller with the notice required pursuant to Section 2.08 4.12 of this Agreement, the Common Shares are Stock is an “actively-traded actively−traded security” exempted from the requirements of Rule 101 of Regulation M under the Exchange Act by subsection (c)(1) of such rule.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (Washington Real Estate Investment Trust)

Actively Traded Security. Except under circumstances where the Company has provided BNYMCM and the Forward Seller with the notice required pursuant to Section 2.08 of this Agreement, the Common Shares are an “actively-traded security” exempted from the requirements of Rule 101 of Regulation M under the Exchange Act by subsection (c)(1) of such rule.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (DDR Corp)

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Actively Traded Security. Except under circumstances where the Company has provided BNYMCM and the Forward Seller with the notice required pursuant to Section 2.08 2.07 of this Agreement, the Common Shares are an “actively-traded security” exempted from the requirements of Rule 101 of Regulation M under the Exchange Act by subsection (c)(1) of such rule.

Appears in 1 contract

Samples: Sales Agency Agreement (Idaho Power Co)

Actively Traded Security. Except under circumstances where the Company has provided BNYMCM and with notice that it reasonably believes that the Forward Seller exemptive provisions set forth in Rule 101(c)(1) of Regulation M under the Exchange Act are not satisfied with respect to the notice required pursuant to Company or the Common Shares (in which case any sales of Common Shares under this Agreement shall be suspended in the manner provided for in Section 2.08 2.07 of this Agreement), the Common Shares are Stock is an “actively-actively traded security” exempted from the requirements of Rule 101 of Regulation M under the Exchange Act by subsection (c)(1) of such rule.

Appears in 1 contract

Samples: Sales Agency Agreement (Southwest Gas Holdings, Inc.)

Actively Traded Security. Except under circumstances where the Company has provided BNYMCM KBCM and the Forward Seller with the notice required pursuant to Section 2.08 of this Agreement, the Common Shares are an “actively-traded security” exempted from the requirements of Rule 101 of Regulation M under the Exchange Act by subsection (c)(1) of such rule.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (DDR Corp)

Actively Traded Security. Except under circumstances where the Company has provided BNYMCM and the Forward Seller with the notice required pursuant to Section 2.08 2.06 of this Agreement, the Common Shares are Stock is an “actively-traded security” exempted from the requirements of Rule 101 of Regulation M under the Exchange Act by subsection (c)(1) of such rule.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (Westar Energy Inc /Ks)

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