Stock Borrow Events. In the sole judgment of Party A (i) Party A (or its affiliate) is unable to hedge Party A’s exposure to the Transaction because (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (B) it is otherwise commercially impracticable (a “Stock Borrow Event”);
Appears in 3 contracts
Sources: Confirmation (Regency Centers Corp), Confirmation (Regency Centers Corp), Confirmation (Regency Centers Corp)
Stock Borrow Events. In the sole judgment of Party A (i) Party A (or its affiliate) is unable to hedge Party A’s exposure to the Transaction because (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (B) it is otherwise commercially impracticable (a “Stock Borrow Event”);
Appears in 3 contracts
Sources: Confirmation (Vectren Corp), Confirmation (Regency Centers Corp), Confirmation (Regency Centers Corp)
Stock Borrow Events. In the sole judgment of Party A (i) Party A (or its affiliate) is unable to hedge Party A’s exposure to the Transaction because (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (B) it Party A (or an Affiliate of Party A) would incur a Stock Loan Fee to hedge its exposure to the Transaction that is otherwise commercially impracticable greater than a rate equal to 200 basis points per annum (a “Stock Borrow Event”);
Appears in 2 contracts
Sources: Confirmation (American Water Works Company, Inc.), Confirmation (American Water Works Company, Inc.)
Stock Borrow Events. In the sole commercially reasonable judgment of Party A (i) Party A (or its affiliateAffiliate) is unable to hedge Party A’s exposure to the such Transaction because (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (Bii) it is otherwise commercially impracticable Party A (or its Affiliate) would incur an actual cost to borrow a number of Shares equal to the Base Amount for such Transaction of more than a rate equal to the Maximum Specified Borrow Rate for such Transaction (each, a “Stock Borrow Event”);
Appears in 2 contracts
Sources: Master Forward Confirmation (Corporate Office Properties Trust), Master Forward Confirmation (Corporate Office Properties Trust)
Stock Borrow Events. In the sole reasonable judgment of Party A (i) A, Party A (or its affiliate) is unable to hedge Party A’s exposure to the Transaction because (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (B) it is otherwise commercially impracticable lenders (a “Stock Borrow Event”);
Appears in 1 contract
Sources: Confirmation (WPS Resources Corp)
Stock Borrow Events. In the sole commercially reasonable judgment of Party A (i) Party A (or its affiliate) is unable to hedge Party A’s exposure to the Transaction because (A) of the lack of sufficient Shares being made available for Share borrowing by lenders, or (B) it is otherwise commercially impracticable because Party A would incur a Stock Loan Fee of greater than 200 basis points per annum (a “Stock Borrow Event”);
Appears in 1 contract
Sources: Underwriting Agreement (Allete Inc)