Common use of Disqualifying Event Clause in Contracts

Disqualifying Event. In connection with the transactions contemplated by the Merger, the Board of Directors of Price REIT shall not exercise any power, and shall waive any right at any time, to take any action to declare a Disqualifying Event (as such term is defined in Price REIT's charter) under Article IX of Price REIT's charter or to redeem or to refuse to transfer shares of Price REIT Common Stock pursuant thereto.

Appears in 2 contracts

Sources: Merger Agreement (Kimco Realty Corp), Merger Agreement (Price Reit Inc)