Common use of Other Forwards / Dealers Clause in Contracts

Other Forwards / Dealers. Party A acknowledges that Party B has entered or may enter in the future into one or more similar forward transactions for the Shares (each, an “Other Forward,” and collectively, the “Other Forwards”) with one or more dealers, and/or affiliates thereof (each, an “Other Dealer,” and collectively, the “Other Dealers”). Party A and Party B agree that if Party B designates a “Settlement Date” with respect to one or more Other Forwards for which “Cash Settlement” or “Net Share Settlement” is applicable, and the resulting “Unwind Period” for such Other Forwards coincides for any period of time with an Unwind Period for the Transaction (the “Overlap Unwind Period”), Party B shall notify Party A at least one Scheduled Trading Day prior to the commencement of such Overlap Unwind Period of the first Scheduled Trading Day and length of such Overlap Unwind Period, and Party A shall be permitted to purchase Shares to unwind its hedge in respect of the Transaction only on alternating Scheduled Trading Days during such Overlap Unwind Period, commencing on the first, second, third or later Scheduled Trading Day of such Overlap Unwind Period, as notified to Party A by Party B at least one Scheduled Trading Day prior to such Overlap Unwind Period (which alternating Scheduled Trading Days, for the avoidance of doubt, may be every other Scheduled Trading Day if there is only one Other Dealer, every third Scheduled Trading Day if there are two Other Dealers, etc.).

Appears in 15 contracts

Samples: Distribution Agency Agreement (Camden Property Trust), Distribution Agency Agreement (Camden Property Trust), Distribution Agency Agreement (Camden Property Trust)

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Other Forwards / Dealers. Party A acknowledges that Party B has entered entered, or may enter in the future enter, into one or more similar forward transactions for the Shares (each, an “Other Forward,” and collectively, the “Other Forwards”) with one or more dealers, and/or affiliates thereof (each, an “Other Dealer,” and collectively, the “Other Dealers”). Party A and Party B agree that if Party B designates agrees not to designate a “Settlement Date” with respect to one or more any Other Forwards for which in respect of a “Cash Settlement” or “Net Share Settlement” is applicable, and if any of the resulting period from the beginning of the corresponding “Unwind Period” to such “Settlement Date” for such Other Forwards coincides for Forward would overlap with any period portion of time with an Unwind Period for the Transaction Transaction; provided, however, that Party B may allow for such overlap with an Other Forward with no more than one Other Dealer (the each such period, an “Overlap Unwind Period”), so long as Party B shall notify (i) notifies Party A at least one Scheduled Trading Day prior to the commencement of such Overlap Unwind Period of the first Scheduled Trading Day and the length of such Overlap Unwind Period, and (ii) each of Party A and such Other Dealer shall be permitted to purchase Shares to unwind its respective hedge positions in respect of the Transaction or such Other Forward, as the case may be, only on alternating Scheduled Trading Days during such Overlap Unwind Period, commencing on the first, second, third first or later second Scheduled Trading Day of such Overlap Unwind Period, as notified to Party A by Party B at least one Scheduled Trading Day prior to the commencement of such Overlap Unwind Period (which alternating Scheduled Trading Days, for the avoidance of doubt, may will be every other Scheduled Trading Day if there is only one Other Dealer, every third Scheduled Trading Day if there are two Other Dealers, etc.Day).

Appears in 10 contracts

Samples: Letter Agreement (National Health Investors Inc), Letter Agreement (VICI Properties L.P.), Letter Agreement (VICI Properties L.P.)

Other Forwards / Dealers. Party A acknowledges that Party B has entered entered, or may enter in the future enter, into one or more similar forward transactions for the Shares (each, an “Other Forward,” and collectively, the “Other Forwards”) with one or more dealers, and/or affiliates thereof (each, an “Other Dealer,” and collectively, the “Other Dealers”). Party A and Party B agree that if Party B designates agrees not to designate a “Settlement Date” with respect to one or more any Other Forwards for which in respect of a “Cash Settlement” or “Net Share Settlement” is applicable, and if any of the resulting period from the beginning of the corresponding “Unwind Period” to such “Settlement Date” for such Other Forwards coincides for Forward would overlap with any period portion of time with an Unwind Period for the Transaction this Transaction; provided, however, that Party B may allow for such overlap with an Other Forward with no more than one Other Dealer (the each such period, an “Overlap Unwind Period”), so long as Party B shall notify (i) notifies Party A at least one Scheduled Trading Day prior to the commencement of such Overlap Unwind Period of the first Scheduled Trading Day and the length of such Overlap Unwind Period, and (ii) each of Party A and such Other Dealer shall be permitted to purchase Shares to unwind its respective hedge positions in respect of this Transaction or such Other Forward, as the Transaction case may be, only on alternating Scheduled Trading Days during such Overlap Unwind Period, commencing on the first, second, third first or later second Scheduled Trading Day of such Overlap Unwind Period, as notified to Party A by Party B at least one Scheduled Trading Day prior to the commencement of such Overlap Unwind Period (which alternating Scheduled Trading Days, for the avoidance of doubt, may will be every other Scheduled Trading Day if there is only one Other Dealer, every third Scheduled Trading Day if there are two Other Dealers, etc.Day).

Appears in 9 contracts

Samples: Letter Agreement (Vici Properties Inc.), Letter Agreement (Vici Properties Inc.), Letter Agreement (Vici Properties Inc.)

Other Forwards / Dealers. Party A Dealer acknowledges that Party B Counterparty has entered or may enter in the future into one or more similar forward transactions for the Shares (each, an “Other Forward,” and collectively, the “Other Forwards”) with one or more dealers, and/or affiliates thereof (each, an “Other Dealer,” and collectively, the “Other Dealers”). Party A and Party B The parties agree that if Party B Counterparty designates a “Settlement Date” with respect to one or more Other Forwards for which “Cash Settlement” or “Net Share Settlement” is applicable, and the resulting “Unwind Period” for such Other Forwards coincides for any period of time with an Unwind Period for the this Transaction (the “Overlap Unwind Period”), Party B Counterparty shall notify Party A Dealer at least one Scheduled Trading Day prior to the commencement of such Overlap Unwind Period of the first Scheduled Trading Day and length of such Overlap Unwind Period, and Party A Dealer shall be permitted to purchase Shares to unwind its hedge in respect of the this Transaction only on alternating Scheduled Trading Days during such Overlap Unwind Period, commencing on the first, second, third or later Scheduled Trading Day of such Overlap Unwind Period, as notified to Party A Dealer by Party B Counterparty at least one Scheduled Trading Day prior 3 Tax form to such Overlap Unwind Period (which alternating Scheduled Trading Days, be customized for the avoidance of doubt, may be every other Scheduled Trading Day if there is only one Other relevant Dealer, every third Scheduled Trading Day if there are two Other Dealers, etc.).. 21

Appears in 5 contracts

Samples: Physicians Realty L.P., Physicians Realty L.P., Physicians Realty L.P.

Other Forwards / Dealers. Party A acknowledges that Party B has entered or may enter in the future into one or more similar forward transactions for the Shares (each, an “Other Forward,” and collectively, the “Other Forwards”) with one or more dealers, and/or affiliates thereof (each, an “Other Dealer,” and collectively, the “Other Dealers”). Party A and Party B agree that if Party B designates a “Settlement Date” with respect to one or more Other Forwards for which “Cash Settlement” or “Net Share Settlement” is applicable, and the resulting “Unwind Period” for such Other Forwards coincides for any period of time with an Unwind Period for the Transaction (the “Overlap Unwind Period”), Party B shall notify Party A at least one Scheduled Trading Day prior to the commencement of such Overlap Unwind Period of the first Scheduled Trading Day and length of such Overlap Unwind Period, and Party A shall be permitted to purchase Shares to unwind its hedge in respect of the Transaction only on alternating Scheduled Trading Days during such Overlap Unwind Period, commencing on the first, second, third or later Scheduled Trading Day of such Overlap Unwind Period, as notified to Party A by Party B at least one Scheduled Trading Day prior to such Overlap Unwind Period (which alternating Scheduled Trading Days, for the avoidance of doubt, may be every other Scheduled Trading Day if there is only one Other Dealer, every third Scheduled Trading Day if there are two Other Dealers, etc.).

Appears in 5 contracts

Samples: Equity Offeringsm Sales Agreement (Tanger Properties LTD Partnership /Nc/), Equity Offering Sales Agreement (Americold Realty Trust), Equity Offering Sales Agreement (Americold Realty Trust)

Other Forwards / Dealers. Party A Dealer acknowledges that Party B Counterparty has entered or may enter in the future into one or more similar substantially identical forward transactions for the Shares (each, an “Other Forward,” and collectively, the “Other Forwards”) with one or more dealers[OTHER DEALER] and/or [OTHER DEALER], and/or affiliates thereof (each, an “Other Dealer,” and collectively, the “Other Dealers”). Party A Dealer and Party B Counterparty agree that if Party B Counterparty designates a “Settlement Date” with respect to one or more Other Forwards for which “Cash Settlement” or “Net Share Settlement” is applicable, and the resulting “Unwind Period” for such Other Forwards coincides for any period of time with an Unwind Period for the this Transaction (the “Overlap Unwind Period”), Party B Counterparty shall notify Party A Dealer at least one Scheduled Trading Day prior to the commencement of such Overlap Unwind Period of the first Scheduled Trading Day and length of such Overlap Unwind Period, and Party A Dealer shall be permitted to purchase Shares to unwind its hedge in respect of the this Transaction only on alternating Scheduled Trading Days during such Overlap Unwind Period, commencing on the first, second, third or later Scheduled Trading Day of such Overlap Unwind Period, as notified to Party A Dealer by Party B Counterparty at least one Scheduled Trading Business Day prior to such Overlap Unwind Period (which alternating Scheduled Trading Days, for the avoidance of doubt, may be every other Scheduled Trading Day if there is only one Other Dealer, every third Scheduled Trading Day if there are two Other Dealers, etc.).

Appears in 3 contracts

Samples: Sales Agreement (Preferred Apartment Communities Inc), Equity Distribution Agreement (Four Corners Property Trust, Inc.), UDR, Inc.

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Other Forwards / Dealers. Party A acknowledges that Party B has entered entered, or may enter in the future enter, into one or more similar forward transactions for the Shares (each, an “Other Forward,” and collectively, the “Other Forwards”) with one or more dealers, and/or affiliates thereof (each, an “Other Dealer,” and collectively, the “Other Dealers”). Party A and Party B agree that if Party B designates agrees not to designate a “Settlement Date” with respect to one or more any Other Forwards for which in respect of a “Cash Settlement” or “Net Share Settlement” is applicable, and if any of the resulting period from the beginning of the corresponding “Unwind Period” to such “Settlement Date” for such Other Forwards coincides for Forward would overlap with any period portion of time with an Unwind Period for the Transaction this Transaction; provided, however, that Party B may allow for such overlap with an Other Forward with no more than one Other Dealer (the each such period, an “Overlap Unwind Period”), so long as Party B shall notify (i) notifies Party A at least one Scheduled Trading Day prior to the commencement of such Overlap Unwind Period of the first Scheduled Trading Day and length of such Overlap Unwind Period, and (ii) each of Party A and such Other Dealer shall be permitted to purchase Shares to unwind its respective hedge positions in respect of this Transaction or such Other Forward, as the Transaction case may be, only on alternating Scheduled Trading Days during such Overlap Unwind Period, commencing on the first, second, third first or later second Scheduled Trading Day of such Overlap Unwind Period, as notified to Party A by Party B at least one Scheduled Trading Day prior to the commencement of such Overlap Unwind Period (which alternating Scheduled Trading Days, for the avoidance of doubt, may will be every other Scheduled Trading Day if there is only one Other Dealer, every third Scheduled Trading Day if there are two Other Dealers, etc.Day).

Appears in 2 contracts

Samples: Letter Agreement (Vici Properties Inc.), Letter Agreement (Vici Properties Inc.)

Other Forwards / Dealers. Party A acknowledges that Party B has entered or may enter in the future into one or more similar forward transactions for the Shares (each, an “Other Forward,” and collectively, the “Other Forwards”) with one or more dealers, and/or affiliates thereof (each, an “Other Dealer,” and collectively, the “Other Dealers”). Party A and Party B agree that if Party B designates a “Settlement Date” with respect to one or more Other Forwards for which “Cash Settlement” or “Net Share Settlement” is applicable, and the resulting “Unwind Period” for such Other Forwards coincides for any period of time with an Unwind Period for the Transaction (the “Overlap Unwind Period”), Party B shall notify Party A at least one Scheduled Trading Day prior to the commencement of such Overlap Unwind Period of the first Scheduled Trading Day and length of such Overlap Unwind Period, and Party A shall be permitted to purchase Shares to unwind its hedge in respect of the Transaction only on alternating Scheduled Trading Days during such Overlap Unwind Period, commencing on the first, second, third or later Scheduled Trading Day of such Overlap Unwind Period, as notified to Party A by Party B at least one Scheduled Trading Day prior to such Overlap Unwind Period (which alternating Scheduled Trading Days, for the avoidance of doubt, may be every other Scheduled Trading Day if there is only one Other Dealer, every third Scheduled Trading Day if there are two Other Dealers, etc.).. Counterparts:

Appears in 1 contract

Samples: Equity Offering Sales Agreement (Americold Realty Trust)

Other Forwards / Dealers. Party A acknowledges that Party B has entered or may enter in the future into one or more similar forward transactions for the Shares (each, an “Other Forward,” and collectively, the “Other Forwards”) with one or more dealers, and/or affiliates thereof (each, an “Other Dealer,” and collectively, the “Other Dealers”). Party A and Party B agree that if Party B designates a “Settlement Date” with respect to one or more Other Forwards for which “Cash Settlement” or “Net Share Settlement” is applicable, and the resulting “Unwind Period” for such Other Forwards coincides for any period of time with an Unwind Period for the this Transaction (the “Overlap Unwind Period”), Party B shall notify Party A at least one Scheduled Trading Day prior to the commencement of such Overlap Unwind Period of the first Scheduled Trading Day and length of such Overlap Unwind Period, and Party A shall be permitted to purchase Shares to unwind its hedge in respect of the this Transaction only on alternating Scheduled Trading Days during such Overlap Unwind Period, commencing on the first, second, third or later Scheduled Trading Day of such Overlap Unwind Period, as notified to Party A by Party B at least one Scheduled Trading Day prior to such Overlap Unwind Period (which alternating Scheduled Trading Days, for the avoidance of doubt, may be every other Scheduled Trading Day if there is only one Other Dealer, every third Scheduled Trading Day if there are two Other Dealers, etc.). 7 Tax form to be customized for relevant Dealer.

Appears in 1 contract

Samples: Terms Agreement (Omega Healthcare Investors Inc)

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