Common use of Stock Borrow Event Clause in Contracts

Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 basis points per annum (each, a “Stock Borrow Event”);

Appears in 45 contracts

Samples: Terms Agreement (Realty Income Corp), Forward Confirmation (W. P. Carey Inc.), Forward Confirmation (W. P. Carey Inc.)

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Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this the Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this the Transaction that is greater than a rate equal to 200 basis points per annum (each, a “Stock Borrow Event”);

Appears in 22 contracts

Samples: Forward Confirmation (Essential Properties Realty Trust, Inc.), Forward Confirmation (Essential Properties Realty Trust, Inc.), Forward Confirmation (Essential Properties Realty Trust, Inc.)

Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer, Dealer (or an affiliate of Dealer) (A) is not able to hedge in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 [200] basis points per annum (each, a “Stock Borrow Event”);

Appears in 15 contracts

Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)

Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer, Dealer (or an affiliate of Dealer) (A) is not able to hedge in a commercially reasonable manner its exposure under this the Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this the Transaction that is greater than a rate equal to 200 [200] basis points per annum (each, a “Stock Borrow Event”);

Appears in 11 contracts

Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)

Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 300 basis points per annum (each, a “Stock Borrow Event”);

Appears in 11 contracts

Samples: Sales Agreement (Phillips Edison & Company, Inc.), Sales Agreement (Phillips Edison & Company, Inc.), Digital Realty Trust, L.P.

Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer, Dealer (or an affiliate of Dealer) (A) is not able to hedge in a commercially reasonable manner its exposure under this the Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this the Transaction that is greater than a rate equal to 200 basis points per annum (each, a “Stock Borrow Event”);

Appears in 7 contracts

Samples: Terms Agreement (Universal Health Realty Income Trust), Rexford Industrial Realty, Inc., Rexford Industrial Realty, Inc.

Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer, Dealer (or an affiliate of Dealer) (A) is not able to hedge in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 basis points per annum (each, a “Stock Borrow Event”);

Appears in 7 contracts

Samples: Spirit Realty Capital, Inc., Rexford Industrial Realty, Inc., Rexford Industrial Realty, Inc.

Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 [*] basis points per annum (each, a “Stock Borrow Event”);

Appears in 5 contracts

Samples: Equity Distribution Agreement (Spirit Realty Capital, Inc.), Equity Distribution Agreement (Spirit Realty, L.P.), Equity Distribution Agreement (Spirit Realty, L.P.)

Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost (excluding any balance sheet charges or funding costs incurred by such party) to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 basis points per annum (each, a “Stock Borrow Event”);

Appears in 5 contracts

Samples: Sempra Energy, Sempra Energy, Sempra Energy

Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer (or an any relevant affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this the Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an any relevant affiliate of Dealer) would incur a volume-weighted average cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this the Transaction that is greater than a rate equal to 200 basis points per annum the Maximum Stock Loan Rate (each, a “Stock Borrow Event”);

Appears in 4 contracts

Samples: PPL Corp, PPL Corp, PPL Corp

Stock Borrow Event. In the good faith and commercially reasonable judgment of Dealer (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 300 basis points per annum (each, a “Stock Borrow Event”);

Appears in 4 contracts

Samples: Sun Communities Inc, Sun Communities Inc, Sun Communities Inc

Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 [ ] basis points per annum (each, a “Stock Borrow Event”);

Appears in 3 contracts

Samples: Terms Agreement (Piedmont Natural Gas Co Inc), Terms Agreement (Piedmont Natural Gas Co Inc), Piedmont Natural Gas Co Inc

Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this the Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this the Transaction that is greater than a rate equal to 200 [*] basis points per annum (each, a “Stock Borrow Event”);

Appears in 3 contracts

Samples: Equity Distribution Agreement (Extra Space Storage LP), W. P. Carey Inc., W. P. Carey Inc.

Stock Borrow Event. In the commercially reasonable judgment of Dealer Dealer, (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 basis points per annum (each, a “Stock Borrow Event”);

Appears in 3 contracts

Samples: MGM Growth Properties Operating Partnership LP, MGM Growth Properties Operating Partnership LP, MGM Growth Properties Operating Partnership LP

Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this such Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this such Transaction that is greater than a rate equal to 200 basis points per annum the Maximum Stock Loan Fee specified in the applicable Supplemental Confirmation (each, a “Stock Borrow Event”);

Appears in 2 contracts

Samples: Equity Distribution Agreement (DUKE REALTY LTD PARTNERSHIP/), DUKE REALTY LTD PARTNERSHIP/

Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this the Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost (excluding any balance sheet charges or funding costs incurred by such party) to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this the Transaction that is greater than a rate equal to 200 basis points per annum (each, a “Stock Borrow Event”);

Appears in 2 contracts

Samples: Sempra, Sempra

Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer, Dealer (or an affiliate of Dealer) (A) is not able to hedge in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 [ 🌑 ] basis points per annum (each, a “Stock Borrow Event”);

Appears in 2 contracts

Samples: Equity Distribution Agreement (Federal Realty OP LP), Equity Distribution Agreement (Federal Realty Investment Trust)

Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer, Dealer (or an affiliate of Dealer) (A) is not able to hedge in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 basis points per annum annum, other than due to a deterioration in the creditworthiness of the Dealer (or any relevant affiliate of Dealer) (each, a “Stock Borrow Event”);

Appears in 1 contract

Samples: Letter Agreement (Independence Realty Trust, Inc.)

Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 [*] basis points points8 per annum (each, a “Stock Borrow Event”);; 8 As agreed by the parties for each Transaction

Appears in 1 contract

Samples: Equity Distribution Agreement (Four Corners Property Trust, Inc.)

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Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 [ ] basis points per annum (each, a “Stock Borrow Event”);

Appears in 1 contract

Samples: Sales Agreement (Preferred Apartment Communities Inc)

Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 basis points per annum (each, a “Stock Borrow Event”);

Appears in 1 contract

Samples: UDR, Inc.

Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer (or an any relevant affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an any relevant affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 basis points per annum (each, a “Stock Borrow Event”);

Appears in 1 contract

Samples: Distribution Agreement (American Electric Power Co Inc)

Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this the Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this the Transaction that is greater than a rate equal to 200 [•] basis points per annum (each, a “Stock Borrow Event”);

Appears in 1 contract

Samples: Equity Sales Agreement (Kimco Realty OP, LLC)

Stock Borrow Event. In the commercially reasonable judgment of Dealer acting as Hedging Party (Ai) Dealer (or an affiliate of Dealer) is not able to hedge hedge, or maintain a hedge, in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (Bii) Dealer (or an affiliate of Dealer) would incur a cost to borrow (borrow, or to maintain a borrow of) , Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 basis points per annum (each, a “Stock Borrow Event”);

Appears in 1 contract

Samples: Essential Utilities, Inc.

Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 [*] basis points points8 per annum (each, a “Stock Borrow Event”);

Appears in 1 contract

Samples: Other Forwards (Four Corners Property Trust, Inc.)

Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer, Dealer (or an affiliate of Dealer) (A) is not able to hedge in a commercially reasonable manner its exposure under this any Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this any Transaction that is greater than a rate equal to 200 basis points per annum (each, a “Stock Borrow Event”);

Appears in 1 contract

Samples: Equity Offeringsm Sales Agreement (Lithia Motors Inc)

Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this any Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 basis points per annum (each, a “Stock Borrow Event”);

Appears in 1 contract

Samples: Terms Agreement (CareTrust REIT, Inc.)

Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer, Dealer (or an affiliate of Dealerits affiliate) (A) is not able to hedge in a commercially reasonable manner its exposure under this the Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this the Transaction that is greater than a rate equal to 200 [*] basis points per annum (each, a “Stock Borrow Event”);

Appears in 1 contract

Samples: Equity Distribution Agreement (Summit Hotel Properties, Inc.)

Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 [•] basis points per annum (each, a “Stock Borrow Event”);

Appears in 1 contract

Samples: Equity Distribution Agreement (Spire Inc)

Stock Borrow Event. In the commercially reasonable judgment of Dealer Dealer, it (or its affiliate) (A) Dealer (or an affiliate of Dealer) is not able to hedge in a commercially reasonable manner its exposure under this the Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this the Transaction that is greater than a rate equal to 200 [200] basis points per annum (each, a “Stock Borrow Event”);

Appears in 1 contract

Samples: Sales Agreement (Kilroy Realty, L.P.)

Stock Borrow Event. In the commercially reasonable judgment of Dealer (A) Dealer, Dealer (or an affiliate of Dealer) (A) is not able to hedge in a commercially reasonable manner its exposure under this Transaction because insufficient Shares are made available for borrowing by securities lenders or (B) Dealer (or an affiliate of Dealer) would incur a cost to borrow (or to maintain a borrow of) Shares to hedge in a commercially reasonable manner its exposure under this Transaction that is greater than a rate equal to 200 [ ● ] basis points per annum (each, a “Stock Borrow Event”);

Appears in 1 contract

Samples: Equity Distribution Agreement (Federal Realty OP LP)

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