Common use of Forward Sales Clause in Contracts

Forward Sales. The Company has entered into a Master Confirmation, dated as of the date hereof, with the Forward Purchaser, a copy of which is attached hereto as Exhibit A (the “Master Confirmation”). In connection with the Master Confirmation and a Forward Sale, the Forward Purchaser may instruct an affiliate to borrow and sell Common Stock or engage in certain other hedging activities related thereto. Pursuant to the Master Confirmation, subject to the terms and conditions herein and therein, the Company will deliver to the Forward Purchaser, or an affiliate thereof (including the Agent), up to the number of Shares as may be sold as a Forward Sale in accordance with the terms of this Agreement. In connection therewith, the Company and the Forward Purchaser understand that the Forward Purchaser or its affiliate, through the Agent, will effect sales of Shares not in excess of the Maximum Program Amount on the terms set forth in Section 2 of this Agreement.