Counterparty Share Repurchases. Counterparty agrees not to repurchase, directly or indirectly, any Shares if, immediately following such purchase, the Outstanding Share Percentage would be equal to or greater than 4.5%. The “Outstanding Share Percentage” as of any day is the fraction (1) the numerator of which is the aggregate of the Number of Shares for this Transaction and the “Number of Shares” under each Additional Equity Derivative Transaction that is a share forward transaction and (2) the denominator of which is the number of Shares outstanding on such day.
Appears in 37 contracts
Samples: Forward Confirmation (W. P. Carey Inc.), Forward Confirmation (W. P. Carey Inc.), UDR, Inc.
Counterparty Share Repurchases. Counterparty agrees not to repurchase, directly or indirectly, any Shares if, immediately following such purchase, the Outstanding Share Percentage would be equal to or greater than 4.5%. The “Outstanding Share Percentage” as of any day is the fraction (1) the numerator of which is the aggregate of the Number of Shares for this the Transaction and the “Number of Shares” (as defined in the applicable Additional Confirmation) under each any outstanding Additional Equity Derivative Transaction that is a share forward transaction Transactions and (2) the denominator of which is the number of Shares outstanding on such day.
Appears in 29 contracts
Samples: Equity Distribution Agreement (Extra Space Storage LP), Sales Agreement (Kilroy Realty, L.P.), Forward Confirmation (Essential Properties Realty Trust, Inc.)
Counterparty Share Repurchases. Counterparty agrees not to repurchase, directly or indirectly, any Shares if, immediately following such purchase, the Outstanding Share Percentage would be equal to or greater than 4.5%[4.5]%. The “Outstanding Share Percentage” as of any day is the fraction (1) the numerator of which is the aggregate of the Number of Shares for this Transaction and the “Number of Shares” (as defined in the applicable Additional Confirmation) under each any outstanding Additional Equity Derivative Transaction that is a share forward transaction Transactions and (2) the denominator of which is the number of Shares outstanding on such day.
Appears in 18 contracts
Samples: Equity Distribution Agreement (Federal Realty OP LP), Equity Distribution Agreement (Federal Realty OP LP), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)
Counterparty Share Repurchases. Counterparty agrees not to repurchase, directly or indirectly, any Shares if, immediately following such purchase, the Outstanding Share Percentage would be equal to or greater than 4.5%. The “Outstanding Share Percentage” as of any day is the fraction (1) the numerator of which is the aggregate of the Number of Shares for this Transaction and the “Number of Shares” under each Additional Equity Derivative Transaction that is a share forward transaction and (2) the denominator of which is the number of Shares outstanding on such day.
Appears in 15 contracts
Samples: Sales Agreement (Phillips Edison & Company, Inc.), Sales Agreement (Phillips Edison & Company, Inc.), Digital Realty Trust, L.P.
Counterparty Share Repurchases. Counterparty agrees not to repurchase, directly or indirectly, any Shares if, immediately following such purchase, the Outstanding Share Percentage would be equal to or greater than 4.5%. The “Outstanding Share Percentage” as of any day is the fraction (1) the numerator of which is the aggregate of the Number of Shares for this Transaction and the “Number of Shares” (as defined in the applicable Additional Confirmation) under each any outstanding Additional Equity Derivative Transaction that is a share forward transaction Transactions and (2) the denominator of which is the number of Shares outstanding on such day.
Appears in 15 contracts
Samples: Equity Distribution Agreement (Spirit Realty Capital, Inc.), Equity Distribution Agreement (Spirit Realty, L.P.), Equity Offering Sales Agreement (Essential Properties Realty Trust, Inc.)
Counterparty Share Repurchases. Counterparty agrees not to repurchase, directly or indirectly, any Shares if, immediately following such purchase, the Outstanding Share Percentage would be equal to or greater than 4.59.8%. The “Outstanding Share Percentage” as of any day is the fraction (1) the numerator of which is the aggregate of the Number of Shares for this Transaction and the “Number of Shares” under each Additional Equity Derivative (or equivalent concept) for this Transaction that and all outstanding ATM Forward Transactions to which Dealer or its affiliate is a share forward transaction party and (2) the denominator of which is the number of Shares outstanding on such day.
Appears in 14 contracts
Samples: Please Confirm (Agree Realty Corp), Agree Realty Corp, Agree Realty Corp
Counterparty Share Repurchases. Counterparty agrees not to repurchase, directly or indirectly, any Shares if, immediately following such purchase, the Outstanding Share Percentage would be equal to or greater than 4.5%[4.5]%. The “Outstanding Share Percentage” as of any day is the fraction (1) the numerator of which is the aggregate of the Number of Shares for this the Transaction and the “Number of Shares” (as defined in the applicable Additional Confirmation) under each any outstanding Additional Equity Derivative Transaction that is a share forward transaction Transactions and (2) the denominator of which is the number of Shares outstanding on such day.
Appears in 11 contracts
Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)
Counterparty Share Repurchases. Counterparty agrees not to repurchase, directly or indirectly, any Shares if, immediately following such purchase, the Outstanding Share Percentage would be equal to or greater than 4.5%. The “Outstanding Share Percentage” as of any day is the fraction (1) the numerator of which is the aggregate of the Number of Shares for this the Transaction and the “Number of Shares” under each Additional Equity Derivative Transaction that is a share forward transaction and (2) the denominator of which is the number of Shares outstanding on such day.
Appears in 6 contracts
Samples: Rexford Industrial Realty, Inc., Rexford Industrial Realty, Inc., Rexford Industrial Realty, Inc.
Counterparty Share Repurchases. Counterparty agrees not to repurchase, directly or indirectly, any Shares if, immediately following such purchase, the Outstanding Share Percentage would be equal to or greater than 4.59.8%. The “Outstanding Share Percentage” as of any day is the fraction (1) the numerator of which is the aggregate of the Number of Shares for this Transaction and the “Number of Shares” under each Additional Equity Derivative (or equivalent concept) for this Transaction that and all outstanding Forward Transactions to which Dealer or its affiliate is a share forward transaction party and (2) the denominator of which is the number of Shares outstanding on such day.
Appears in 6 contracts
Samples: NETSTREIT Corp., NETSTREIT Corp., NETSTREIT Corp.
Counterparty Share Repurchases. Counterparty agrees not to repurchase, directly or indirectly, any Shares if, immediately following such purchase, the Outstanding Share Percentage would be equal to or greater than 4.55%. The “Outstanding Share Percentage” as of any day is the fraction (1) the numerator of which is the aggregate of the Number of Shares for this Transaction and the “Number of Shares” under each Additional Equity Derivative Transaction that is a share forward transaction and (2) the denominator of which is the number of Shares outstanding on such day.
Appears in 5 contracts
Samples: Sempra Energy, Sempra Energy, Sempra Energy
Counterparty Share Repurchases. Counterparty agrees not to repurchase, directly or indirectly, any Shares if, immediately following such purchase, the Outstanding Share Percentage would be equal to or greater than 4.58%. The “Outstanding Share Percentage” as of any day is the fraction (1) the numerator of which is the aggregate of the Number of Shares for this the Transaction and the “Number of Shares” under each Additional Equity Derivative Transaction that is a share forward transaction and (2) the denominator of which is the number of Shares outstanding on such day.
Appears in 4 contracts
Counterparty Share Repurchases. Counterparty agrees not to repurchase, directly or indirectly, any Shares if, immediately following such purchase, the Outstanding Share Percentage would be equal to or greater than 4.54.99%. The “Outstanding Share Percentage” as of any day is the fraction (1) the numerator of which is the aggregate of the Number of Shares for this Transaction and the “Number of Shares” under each Additional Equity Derivative (or equivalent concept) for this Transaction that is a share forward transaction and (2) the denominator of which is the number of Shares outstanding on such day.
Appears in 2 contracts
Samples: Sun Communities Inc, Sun Communities Inc
Counterparty Share Repurchases. Counterparty agrees not to repurchase, directly or indirectly, any Shares if, immediately following such purchase, the Outstanding Share Percentage would be equal to or greater than 4.55%. The “Outstanding Share Percentage” as of any day is the fraction (1) the numerator of which is the aggregate of the Number of Shares for this the Transaction and the “Number of Shares” under each Additional Equity Derivative Transaction that is a share forward transaction and (2) the denominator of which is the number of Shares outstanding on such day.
Appears in 2 contracts
Counterparty Share Repurchases. Counterparty agrees not to repurchase, directly or indirectly, any Shares if, immediately following such purchase, the Outstanding Share Percentage would be equal to or greater than 4.5%. The “Outstanding Share Percentage” as of any day is the fraction (1) the numerator of which is the aggregate of Base Amount for all Transactions between Dealer and Counterparty pursuant to the Number of Shares for this Transaction and the “Number of Shares” under each Additional Equity Derivative Transaction that is a share forward transaction Distribution Agreement and (2) the denominator of which is the number of Shares outstanding on such day.
Appears in 2 contracts
Samples: Equity Distribution Agreement (DUKE REALTY LTD PARTNERSHIP/), DUKE REALTY LTD PARTNERSHIP/
Counterparty Share Repurchases. Counterparty agrees not to repurchase, directly or indirectly, any Shares if, immediately following such purchase, the Outstanding Share Percentage would be equal to or greater than 4.5%. The “Outstanding Share Percentage” as of any day is the fraction (1) the numerator of which is the aggregate of the Number of Shares for this Transaction and the “Number of Shares” under each Additional Equity Derivative Transaction that is a share forward transaction and (2) the denominator of which is the number of Shares outstanding on such day.
Appears in 2 contracts
Samples: Kilroy Realty, L.P., Kilroy Realty, L.P.
Counterparty Share Repurchases. Counterparty agrees not to repurchase, directly or indirectly, any Shares if, immediately following such purchase, the Outstanding Share Percentage would be equal to or greater than 4.58.6%. The “Outstanding Share Percentage” as of any day is the fraction (1) the numerator of which is the aggregate of the Number of Shares for this the Transaction and the “Number of Shares” under each Additional Equity Derivative Transaction that is a share forward transaction and (2) the denominator of which is the number of Shares outstanding on such day.
Appears in 2 contracts
Samples: Forward Confirmation (Umb Financial Corp), Umb Financial Corp
Counterparty Share Repurchases. Counterparty agrees not to repurchase, directly or indirectly, any Shares if, immediately following such purchase, the Outstanding Share Percentage would be equal to or greater than 4.59.8%. The “Outstanding Share Percentage” as of any day is the fraction (1) the numerator of which is the aggregate of the Number of Shares for this Transaction and the “Number of Shares” under each Additional Equity Derivative Transaction that is a share forward transaction and (2) the denominator of which is the number of Shares outstanding on such day.
Appears in 1 contract
Samples: Agree Realty Corp
Counterparty Share Repurchases. Counterparty agrees not to repurchase, directly or indirectly, any Shares if, immediately following such purchase, the Outstanding Share Percentage would be equal to or greater than 4.5%. The “Outstanding Share Percentage” as of any day is the fraction (1) the numerator of which is the aggregate of the Number of Shares for this Transaction and the each “Number of Shares” under (as defined in the applicable Additional Confirmation for each Additional Equity Derivative Transaction, if any, and any additional Share Forward Transaction that is or other equity derivative transaction in which Dealer or its affiliate has a share forward transaction “long” position in the Shares) and (2) the denominator of which is the number of Shares outstanding on such day.
Appears in 1 contract
Samples: Terms Agreement (Universal Health Realty Income Trust)
Counterparty Share Repurchases. Counterparty agrees not to repurchase, directly or indirectly, any Shares if, immediately following such purchase, the Outstanding Share Percentage would be equal to or greater than 4.54.99%. The “Outstanding Share Percentage” as of any day is the fraction (1) the numerator of which is the aggregate of the Number of Shares for this Transaction and the “Number of Shares” under each Additional Equity Derivative (or equivalent concept) for this Transaction that is a share forward transaction and (2) the denominator of which is the number of Shares outstanding on such day.. (p)
Appears in 1 contract
Samples: Sun Communities Inc
Counterparty Share Repurchases. Counterparty agrees not to repurchase, directly or indirectly, any Shares if, immediately following such purchase, the Outstanding Share Percentage would be equal to or greater than 4.5%. The “Outstanding Share Percentage” as of any day is the fraction (1) the numerator of which is the aggregate of the Number of Shares for all Transactions under this Master Confirmation Agreement, if any, and any additional Share Forward Transaction and the “Number of Shares” under each Additional Equity Derivative Transaction that is a share forward transaction and (2) the denominator of which is the number of Shares outstanding on such day.
Appears in 1 contract
Samples: Equity Offeringsm Sales Agreement (Lithia Motors Inc)
Counterparty Share Repurchases. Counterparty agrees not to repurchase, directly or indirectly, any Shares if, immediately following such purchase, the Outstanding Share Percentage would be equal to or greater than 4.5[*]%. The “Outstanding Share Percentage” as of any day is the fraction (1) the numerator of which is the aggregate of the Number of Shares for this Transaction and the “Number of Shares” (as defined in the applicable Additional Confirmation) under each any outstanding Additional Equity Derivative Transaction that is a share forward transaction Transactions and (2) the denominator of which is the number of Shares outstanding on such day.
Appears in 1 contract
Counterparty Share Repurchases. Counterparty agrees not to repurchase, directly or indirectly, any Shares if, immediately following such purchase, the Outstanding Share Percentage would be equal to or greater than 4.59.8%. The “Outstanding Share Percentage” as of any day is the fraction (1) the numerator of which is the aggregate of the Number of Shares for this Transaction and the “Number of Shares” under each Additional Equity Derivative (or equivalent concept) for this Transaction that is a share forward transaction and all outstanding Other Dealer Forward Transactions and (2) the denominator of which is the number of Shares outstanding on such day.
Appears in 1 contract
Samples: Agree Realty Corp
Counterparty Share Repurchases. Counterparty agrees not to repurchase, directly or indirectly, any Shares if, immediately following such purchase, the Outstanding Share Percentage would be equal to or greater than 4.5%[8.5%]9[4.5%]10. The “Outstanding Share Percentage” as of any day is the fraction (1) the numerator of which is the aggregate of the Number of Shares for this Transaction and the “Number of Shares” (as defined in the applicable Additional Confirmation) under each any outstanding Additional Equity Derivative Transaction that is a share forward transaction Transactions and (2) the denominator of which is the number of Shares outstanding on such day.
Appears in 1 contract
Samples: Distribution Agreement (American Electric Power Co Inc)
Counterparty Share Repurchases. Counterparty agrees not to repurchase, directly or indirectly, any Shares if, immediately following such purchase, the Outstanding Share Percentage would be equal to or greater than 4.5[8.0%] [4.5%]17. The “Outstanding Share Percentage” as of any day is the fraction (1) the numerator of which is the aggregate of the Number of Shares for this Transaction and the “Number of Shares” (as defined in the applicable Additional Confirmation) under each any outstanding Additional Equity Derivative Transaction that is a share forward transaction Transactions and (2) the denominator of which is the number of Shares outstanding on such day.
Appears in 1 contract
