Common use of Conditions Precedent to the Right of the Clause in Contracts

Conditions Precedent to the Right of the. Company To Deliver a Transaction Notice and the Obligation of KBCM and the Forward Seller to Sell Shares During the Selling Period(s). The right of the Company to deliver a Transaction Notice hereunder is subject to the satisfaction, on the date of delivery of such Transaction Notice, and the obligations of each of KBCM to sell Issuance Shares and the Forward Seller to sell, on behalf of the Company, and the Forward Purchaser to borrow the Forward Hedge Shares during the applicable Selling Period is subject to the satisfaction, on the applicable Transaction Date and Settlement Date, of each of the following conditions:

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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Conditions Precedent to the Right of the. Company To Deliver a Transaction Notice and the Obligation of KBCM SCUSA and the Forward Seller to Sell Shares During the Selling Period(s). The right of the Company to deliver a Transaction Notice hereunder is subject to the satisfaction, on the date of delivery of such Transaction Notice, and the obligations of each of KBCM SCUSA to sell Issuance Shares and the Forward Seller to sell, on behalf of the Company, and the Forward Purchaser to borrow the Forward Hedge Shares during the applicable Selling Period is subject to the satisfaction, on the applicable Transaction Date and Settlement Date, of each of the following conditions:

Appears in 2 contracts

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

Conditions Precedent to the Right of the. Company To Deliver a Transaction Notice and the Obligation of KBCM BNYMCM and the Forward Seller to Sell Shares During the Selling Period(s). The right of the Company to deliver a Transaction Notice hereunder is subject to the satisfaction, on the date of delivery of such Transaction Notice, and the obligations of each of KBCM BNYMCM to sell Issuance Shares and the Forward Seller to sell, on behalf of the Company, and the Forward Purchaser to borrow the Forward Hedge Shares during the applicable Selling Period is subject to the satisfaction, on the applicable Transaction Date and Settlement Date, of each of the following conditions:

Appears in 1 contract

Samples: Sales Agency Financing Agreement (DDR Corp)

Conditions Precedent to the Right of the. Company To Deliver a Transaction Notice and the Obligation of KBCM the Sales Agent and the Forward Seller to Sell Shares During the Selling Period(s). The right of the Company to deliver a Transaction Notice hereunder is subject to the satisfaction, on the date of delivery of such Transaction Notice, and the obligations of each of KBCM the Sales Agent to sell Issuance Shares and the Forward Seller to sell, on behalf of the Company, and the Forward Purchaser to borrow the Forward Hedge Shares during the applicable Selling Period is subject to the satisfaction, on the applicable Transaction Date and Settlement Date, of each of the following conditions:

Appears in 1 contract

Samples: Sales Agency Financing Agreement (SITE Centers Corp.)

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Conditions Precedent to the Right of the. Company To to Deliver a Transaction Notice and the Obligation of KBCM Sales Agent and the Forward Seller to Sell Shares During the Selling Period(s). The right of the Company to deliver a Transaction Notice hereunder is subject to the satisfaction, on the date of delivery of such Transaction Issuance Notice, and the obligations of each of KBCM Sales Agent to sell Issuance Shares and the Forward Seller to sell, on behalf of the Company, sell and the Forward Purchaser to borrow (or cause its affiliate to borrow) the Forward Hedge Shares during the applicable Selling Period is subject to the satisfaction, on the applicable Transaction Date and Settlement Date, of each of the following conditions:

Appears in 1 contract

Samples: Sales Agency Financing Agreement (Gaming & Leisure Properties, Inc.)

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