Common use of Other Forward(s) Clause in Contracts

Other Forward(s). Dealer acknowledges that Counterparty has entered into substantially identical forward transactions for the Shares on the date hereof (each, an “Other Forward” and, collectively, the “Other Forwards”) with JPMorgan Chase Bank, National Association, New York Branch and Bank of America, N.A. Dealer and Counterparty agree that if Counterparty designates a “Settlement Date” with respect to one or both Other Forwards for which “Cash Settlement” or “Net Share Settlement” is applicable, and one or both of the resulting “Unwind Periods” for such Other Forwards coincides for any period of time with an Unwind Period for this Transaction (the “Overlap Unwind Period”), Counterparty shall notify Dealer 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 Dealer shall be permitted to purchase Shares to unwind its hedge in respect of this Transaction only on every second Scheduled Trading Day, commencing on the first day of such Overlap Unwind Period.

Appears in 1 contract

Samples: Digital Realty Trust, L.P.

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Other Forward(s). Dealer acknowledges that Counterparty has entered into substantially identical forward transactions for the Shares on the date hereof (each, an “Other Forward” and, collectively, the “Other Forwards”) with JPMorgan Chase Bank, National Association, New York Branch Association and Bank of AmericaCitibank, N.A. Dealer and Counterparty agree that if Counterparty designates a “Settlement Date” with respect to one or both Other Forwards for which “Cash Settlement” or “Net Share Settlement” is applicable, and one or both of the resulting “Unwind Periods” for such Other Forwards coincides for any period of time with an Unwind Period for this Transaction (the “Overlap Unwind Period”), Counterparty shall notify Dealer 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 Dealer shall be permitted to purchase Shares to unwind its hedge in respect of this Transaction only on every second Scheduled Trading Day, commencing on the first day of such Overlap Unwind Period.

Appears in 1 contract

Samples: Digital Realty Trust, L.P.

Other Forward(s). Dealer acknowledges that Counterparty has entered into substantially identical forward transactions for the Shares on the date hereof (each, an “Other Forward” and, collectively, the “Other Forwards”) with JPMorgan Chase Bank, National Association, New York Branch and Bank of America, N.A. and Citibank, N.A. Dealer and Counterparty agree that if Counterparty designates a “Settlement Date” with respect to one or both Other Forwards for which “Cash Settlement” or “Net Share Settlement” is applicable, and one or both of the resulting “Unwind Periods” for such Other Forwards coincides for any period of time with an Unwind Period for this Transaction (the “Overlap Unwind Period”), Counterparty shall notify Dealer 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 Dealer shall be permitted to purchase Shares to unwind its hedge in respect of this Transaction only on every second third Scheduled Trading Day, commencing on the first third day of such Overlap Unwind Period.

Appears in 1 contract

Samples: Digital Realty Trust, L.P.

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Other Forward(s). Dealer acknowledges that Counterparty has entered into substantially identical forward transactions for the Shares on the date hereof (each, an “Other Forward” and, collectively, the “Other Forwards”) with JPMorgan Chase Bank, National Association, New York Branch and Bank of America, N.A. and Citibank, N.A. Dealer and Counterparty agree that if Counterparty designates a “Settlement Date” with respect to one or both Other Forwards for which “Cash Settlement” or “Net Share Settlement” is applicable, and one or both of the resulting “Unwind Periods” for such Other Forwards coincides for any period of time with an Unwind Period for this Transaction (the “Overlap Unwind Period”), Counterparty shall notify Dealer 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 Dealer shall be permitted to purchase Shares to unwind its hedge in respect of this Transaction only on every second Scheduled Trading Day, commencing on the first day of such Overlap Unwind Period.

Appears in 1 contract

Samples: Digital Realty Trust, L.P.

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