Settlement Notice Requirements. Notwithstanding any other provision hereof, a Settlement Notice delivered by Counterparty that specifies Cash Settlement or Net Share Settlement will not be effective to establish a Settlement Date or require Cash Settlement or Net Share Settlement unless Counterparty delivers to Dealer with such Settlement Notice a representation, dated as of the date of such Settlement Notice and signed by Counterparty, in the form set forth in clause (i) under the heading “Additional Representations and Agreements of Counterparty” in Paragraph 7(d) below.
Appears in 36 contracts
Samples: Please Confirm (Agree Realty Corp), Please Confirm (Agree Realty Corp), NETSTREIT Corp.
Settlement Notice Requirements. Notwithstanding any other provision hereof, a Settlement Notice delivered by Counterparty that specifies Cash Settlement or Net Share Settlement will not be effective to establish a Settlement Date or require Cash Settlement or Net Share Settlement unless Counterparty delivers to Dealer with such Settlement Notice a representation, dated as of the date of such Settlement Notice and signed by Counterparty, in containing the form provisions set forth in clause (i) under the heading “Additional Representations and Agreements of Counterparty” in Paragraph 7(d7(e) below.
Appears in 24 contracts
Samples: Equity Distribution Agreement (Spirit Realty, L.P.), Letter Agreement (Independence Realty Trust, Inc.), Sales Agreement (Preferred Apartment Communities Inc)
Settlement Notice Requirements. Notwithstanding any other provision hereof, a Settlement Notice delivered by Counterparty that specifies Cash Settlement or Net Share Settlement will not be effective to establish a Settlement Date or require Cash Settlement or Net Share Settlement unless Counterparty delivers to Dealer with such Settlement Notice a representation, dated as of the date of such Settlement Notice and signed by Counterparty, in containing the form provisions set forth in clause clauses (i) and (ii)(B) under the heading “Additional Representations and Agreements of Counterparty” in Paragraph 7(d7(e) below.
Appears in 3 contracts
Samples: Equity Sales Agreement (W. P. Carey Inc.), W. P. Carey Inc., W. P. Carey Inc.
Settlement Notice Requirements. Notwithstanding any other provision hereof, a Settlement Notice delivered by Counterparty that specifies Cash Settlement or Net Share Settlement will not be effective to establish a Settlement Date or require Cash Settlement or Net Share Settlement unless Counterparty delivers to Dealer with such Settlement Notice a representation, dated as of the date of such Settlement Notice and signed by Counterparty, in the form set forth in clause (i) under the heading “Additional Representations and Agreements of Counterparty” in Paragraph 7(d7(e) below.
Appears in 3 contracts
Samples: Sales Agreement (Phillips Edison & Company, Inc.), Sales Agreement (Phillips Edison & Company, Inc.), Sales Agreement (National Storage Affiliates Trust)
Settlement Notice Requirements. Notwithstanding any other provision hereof, a Settlement Notice delivered by Counterparty that specifies Cash Settlement or Net Share Settlement will not be effective to establish a Settlement Date or require Cash Settlement or Net Share Settlement unless Counterparty delivers to Dealer with such Settlement Notice a representation, dated as of the date of such Settlement Notice and signed by Counterparty, Counterparty in the form set forth in clause paragraphs (ic), (e), (g), (j) under the heading “Additional Representations and Agreements of Counterparty” (l) in Paragraph 7(d) Section 7 below.
Appears in 3 contracts
Samples: MGM Growth Properties Operating Partnership LP, MGM Growth Properties Operating Partnership LP, MGM Growth Properties Operating Partnership LP
Settlement Notice Requirements. Notwithstanding any other provision hereof, a Settlement Notice delivered by Counterparty that specifies Cash Settlement or Net Share Settlement will not be effective to establish a Settlement Date or require Cash Settlement or Net Share Settlement unless Counterparty delivers to Dealer with such Settlement Notice a representation, dated as of the date of such Settlement Notice and signed by Counterparty, in the form set forth in clause (i) under the heading “Additional Representations and Agreements of Counterparty” in Paragraph 7(d) below.with
Appears in 2 contracts
Samples: W. P. Carey Inc., W. P. Carey Inc.
Settlement Notice Requirements. Notwithstanding any other provision hereof, a Settlement Notice delivered by Counterparty that specifies Cash Settlement or Net Share Settlement will not be effective to establish a Settlement Date or require Cash Settlement or Net Share Settlement unless Counterparty delivers to Dealer MSCO with such Settlement Notice a representation, dated as of the date of such Settlement Notice and signed by Counterparty, substantially in the form set forth in subclauses (A) and (C) of clause (i) under the heading “Additional Representations and Agreements of Counterparty” in Paragraph 7(d) below.
Appears in 1 contract
Samples: XPO Logistics, Inc.
Settlement Notice Requirements. Notwithstanding any other provision hereof, a Settlement Notice delivered by Counterparty that specifies Cash Settlement or Net Share Settlement will not be effective to establish a Settlement Date or require Cash Settlement or Net Share Settlement unless Counterparty delivers to Dealer with such Settlement Notice a representation, dated as of the date of such Settlement Notice and signed by Counterparty, in the form set forth in clause (i) under the heading “Additional Representations and Agreements of Counterparty” in Paragraph 7(d7(e) below. 7 To be as set forth in the Forward Instruction Notice.
Appears in 1 contract
Samples: Digital Realty Trust, L.P.
Settlement Notice Requirements. Notwithstanding any other provision hereof, a Settlement Notice delivered by Counterparty that specifies Cash Settlement or Net Share Settlement will not be effective to establish a Settlement Date or require Cash Settlement or Net Share Settlement unless Counterparty delivers to Dealer with such Settlement Notice a representation, dated as of the date of such Settlement Notice and signed by Counterparty, in containing the form provisions set forth in clause (i) under the heading “Additional Representations and Agreements of Counterparty” in Paragraph 7(d7(e) belowbelow .
Appears in 1 contract
Samples: Mid-America Apartments, L.P.
Settlement Notice Requirements. Notwithstanding any other provision hereof, a Settlement Notice delivered by Counterparty that specifies Cash Settlement or Net Share Settlement will not be effective to establish a Settlement Date or require Cash Settlement or Net Share Settlement unless Counterparty delivers to Dealer JPM with such Settlement Notice a representation, dated as of the date of such Settlement Notice and signed by Counterparty, substantially in the form set forth in subclauses (A) and (C) of clause (i) under the heading “Additional Representations and Agreements of Counterparty” in Paragraph 7(d) below.
Appears in 1 contract
Samples: XPO Logistics, Inc.
Settlement Notice Requirements. Notwithstanding any other provision hereofanything to the contrary herein, a Settlement Notice delivered by Counterparty that specifies Cash Settlement or Net Share Settlement will not neither be effective to establish a Settlement Date or nor require Cash Settlement or Net Share Settlement unless Counterparty delivers to Dealer with such Settlement Notice a representation, dated as of the date of such Settlement Notice and signed by Counterparty, in the form set forth in clause (i) under of the heading “Additional Representations and Agreements of Counterparty” in provisions of Paragraph 7(d7(e) below.
Appears in 1 contract
Samples: Terms Agreement (Universal Health Realty Income Trust)
Settlement Notice Requirements. Notwithstanding any other provision hereofanything to the contrary herein, a Settlement Notice delivered by Counterparty that specifies Cash Settlement or Net Share Settlement will not neither be effective to establish a Settlement Date or nor require Cash Settlement or Net Share Settlement unless Counterparty delivers to Dealer with such Settlement Notice a representation, dated as of the date of such Settlement Notice and signed by Counterparty, in the form set forth in clause (i) under of the heading “Additional Representations and Agreements of Counterparty” in provisions of Paragraph 7(d7(e) of this Master Confirmation Agreement below.
Appears in 1 contract
Samples: Equity Offeringsm Sales Agreement (Lithia Motors Inc)
Settlement Notice Requirements. Notwithstanding any other provision hereof, a Settlement Notice delivered by Counterparty that specifies Cash Settlement or Net Share Settlement will not be effective to establish a Settlement Date or require Cash Settlement or Net Share Settlement unless Counterparty delivers to Dealer with such Settlement Notice a representation, dated as of the date of such Settlement Notice and signed by Counterparty, in containing the form provisions set forth in clause (i) under the heading “Additional Representations and Agreements of Counterparty” in Paragraph 7(d7(e) below.
Appears in 1 contract
Samples: UDR, Inc.