Forward Agreements definition

Forward Agreements shall refer to the letter agreements, which relate to the forward sale by the Company of a number of shares of Common Stock equal to the number of shares of Common Stock to be borrowed and sold by the Forward Sellers pursuant to this Agreement (the “Borrowed Shares”), dated the date hereof and entered into by and between the following: (a) the Company and [Underwriter(s)]. [Underwriter(s)] are hereafter referred to as the “Forward Counterparties.”] Of the Firm Shares, __________ shares (plus any additional shares of Common Stock issued and sold by the Company pursuant to Section 12(a) hereof), will be issued and sold to the Underwriters by the Company (the “Company Firm Shares”) [and _________ shares (subject to reduction for any shares issued and sold by the Company pursuant to Section 12(a) hereof) will be sold to the Underwriters by the Forward Sellers (the “Forward Seller Firm Shares”)]. [Underwriter(s)] have agreed to act as representatives of each of the several Underwriters (in such capacity, the “Representatives”) in connection with the offering and sale of the Shares. The Company has filed with the United States Securities and Exchange Commission (the “Commission”) pursuant to the Securities Act of 1933, as amended, and the rules and regulations promulgated thereunder (the “Securities Act”) and the Investment Company Act of 1940, as amended, and the rules and regulations promulgated thereunder (the “Investment Company Act”), a registration statement on Form N-2 for the offer and sale of an aggregate amount of $_____________ of securities (File No. __________), which registration statement became effective on __________, a copy of which has heretofore been delivered to you. The Company proposes to file with the Commission pursuant to Rule 497 under the Securities Act, a supplement, dated as of _________, 200_, to the final prospectus dated as of ___________, relating to the Shares and the method of distribution thereof and has previously advised you of all further information (financial and other) with respect to the Shares set forth therein. Such registration statement, including the exhibits thereto, as amended at the date hereof, is hereinafter called the “Registration Statement”; such prospectus, in the form in which it was filed with the Commission pursuant to Rule 497 under the Securities Act, is hereinafter called the “Basic Prospectus”; such supplement to the Basic Prospectus, in the form in which it will be filed with the Commission pursua...
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Forward Agreements means, with respect to each Shareholder, the Forward Agreement, dated as of December 15, 2017, between such Shareholder and the Trust.
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Forward Agreements means, collectively, the Namoya Forward I Agreement, the Namoya Forward II Agreement, the Twangiza Forward I Agreement and the Twangiza Forward II Agreement;
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Examples of Forward Agreements in a sentence

  • Fees related to the operation of the Forward Agreements are not included in the management fees or other operating expenses of the ETF.

  • Forward fees and applicable hedging costs related to the Forward Agreements, as described in the “Fees and Expenses” section of the ETF’s prospectus, are incurred by way of a reduction in the forward price payable to the ETF by the Forward Counterparty.

  • The Forward Agreements provide both positive exposure to the Underlying Index and negative exposure to the Underlying Index.

  • The ETF seeks to achieve its investment objective through the net exposure (the “Net Notional Exposure”) of these Forward Agreements.

  • Forward fees and applicable hedging costs related to the Forward Agreements, as described in the “Fees and Expenses” section of the ETF’s prospectus, are incurred by way of a reduction in the forward price payable to the ETF by the Counterparty.

  • Since the Forward Agreements, like most forward agreements, may settle the obligations of each party on a net basis, the exposure of the ETF to the credit risk of any one Counterparty is limited to the positive mark-to-market of the Forward Agreements entered into with that Counterparty, if any, which is calculated and accrued on a daily basis.

  • The Forward Counterparties to the Forward Agreements meet those designated ratings requirements.

  • The ETF’s maximum credit risk exposure as at the reporting date is represented by the respective carrying amounts of the financial assets in the statements of financial position, including any positive mark-to-market of the ETF’s Forward Agreement(s).

  • Cash and cash equivalents held for collateral consists of cash and short-term investments posted as collateral to the Forward Agreements as described in note 9.

  • The perfor- mance and liquidity of the ETF is unaffected by the asset size of the ETF, purchases or redemptions as these transactions are taken into account during the daily rebalancing of the Forward Agreement(s).


More Definitions of Forward Agreements

Forward Agreements means each of (a) the letter agreement dated the date hereof between the Company and JPMorgan Chase Bank, National Association, London Branch (the “JPM Forward Counterparty”) relating to the forward sale by the Company, subject to the Company’s right to elect cash settlement of such agreement, of a number of shares of Common Stock equal to the number of Shares to be borrowed and sold by the JPM Forward Seller pursuant to this Agreement and (b) the letter agreement dated the date hereof between the Company and Wachovia Bank, National Association (the “WB Forward Counterparty”, and collectively with JPM Forward Counterparty, the “Forward Counterparties”) relating to the forward sale by the Company, subject to the Company’s right to elect cash settlement of such agreement, of a number of shares of Common Stock equal to the number of Shares to be borrowed and sold by the WB Forward Seller pursuant to this Agreement. References throughout this Agreement to “subsidiaries” shall include the Partnership. The Company hereby confirms its agreement with the several Underwriters concerning the purchase and sale of the Shares, as follows:
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Forward Agreements means the letter agreements dated the date hereof between the Company and each of JPMorgan Chase Bank, National Association, London Branch and Xxxxx Fargo Bank, National Association (each a “Forward Purchaser”, and collectively, the “Forward Purchasers”) relating to the forward sale by the Company, subject to the Company’s right to elect cash settlement or net share settlement of such agreement, of a number of shares of Common Stock equal to the number of Borrowed Underwritten Shares sold by the Forward Sellers pursuant to this Agreement.
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Forward Agreements means each of (a) the letter agreement dated the date hereof between the Company and Xxxxxx Xxxxxxx & Co. International plc (the “MS Forward Counterparty”), acting through Xxxxxx Xxxxxxx as agent, and (b) the letter agreement dated the date hereof between the Company and Xxxxxxx, Sachs (the “GS Forward Counterparty” and, together with the MS Forward Counterparty, the “Forward Counterparties”), in each case each relating to the forward sale by the Company, subject to the Company’s right to elect Physical Settlement, Cash Settlement or Net Share Settlement (as each such term is defined in the relevant Forward Agreement), of a number of shares of common stock, par value $0.10 per share, of the Company (“Common Stock”) equal to the number of shares of Common Stock to be sold by the Forward Counterparty’s affiliated Forward Seller pursuant to this Agreement. The shares of Common Stock to be borrowed and sold by the Forward Sellers to the Underwriters as set forth in Schedule I are referred to as the “Firm Shares.” The Firm Shares of Common Stock to be purchased by the Underwriters and all or any part of the Additional Shares as set forth in Schedule I are hereinafter called, collectively, the “Shares.” Xxxxxx Xxxxxxx and Xxxxxxx, Xxxxx are acting as representatives (the “Representatives”) of the several Underwriters in connection with the offering and sale of the Shares.
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Forward Agreements means, collectively, (a) the confirmation dated the date hereof between the Company and Xxxxx Fargo Bank, N.A. (the “Xxxxx Fargo Forward Counterparty”), (b) the confirmation dated the date hereof between the Company and Xxxxxx Xxxxxxx & Co. International plc (the “MS Forward Counterparty”), and (c) the confirmation dated the date hereof between the Company and UBS AG, London Branch (the “UBS Forward Counterparty” and together with the Xxxxx Fargo Forward Counterparty and the MS Forward Counterparty, the “Forward Counterparties”), in each case relating to the forward sale by the Company, subject to the Company’s right to elect Cash Settlement or Net Share Settlement (as such terms are defined in the applicable Forward Agreement), of a number of shares of Common Stock equal to the number of Borrowed Underwritten Shares sold by the relevant Forward Seller affiliate of each Forward Counterparty pursuant to this Underwriting Agreement (the “Agreement”). Xxxxx Fargo, Morgan Stanley and UBS are acting as representatives (the “Representatives”) of the several Underwriters in connection with the offering and sale of the Shares. You represent that you have been authorized by each of the Underwriters to enter into this Agreement on their behalf and to act for them in the manner herein provided in all matters relating to carrying out the provisions of this Agreement. If there are no Underwriters other than yourselves, the term “Underwriters” shall be deemed to mean the Representatives. All obligations of the Underwriters hereunder are several and not joint. The Company hereby confirms its agreement with the several Underwriters as follows:
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Forward Agreements shall refer to the following letter agreements, which relate to the forward sale by the Company of a number of shares of Common Stock of the Company equal to the number of shares of Common Stock to be borrowed and sold by the Forward Sellers pursuant to this Agreement (the “Borrowed Shares”) dated the date hereof and entered into by and between the following: (a) the Company and JPMorgan Chase Bank, National Association (the “JPMCB Forward Agreement”) and (b) the Company and UBS AG, London Branch (the “UBS Forward Agreement”). XX Xxxxxx Xxxxx Bank, National Association and UBS AG, London Branch are hereafter referred to as the “Forward Counterparties”. Of the Firm Shares, 2,000,000 shares (plus any additional shares issued and sold by the Company pursuant to Section 12(a) hereof), will be issued and sold to the Underwriters by the Company (the “Company Firm Shares”) and 5,500,000 shares (subject to reduction for any shares issued and sold by the Company pursuant to Section 12(a) hereof) will be sold to the Underwriters by the Forward Sellers (the “Forward Seller Firm Shares”).
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Related to Forward Agreements

  • Option Agreements means the written agreements between the Company and the Executive pursuant to which the Executive holds or is granted options to purchase Common Stock, including, without limitation, agreements evidencing options granted under the Option Plan and agreements governing the terms of "Roll-Over Options" (as defined in the Management Stockholders' Agreement).

  • Other Award Agreement means a written agreement between the Company and a holder of an Other Award evidencing the terms and conditions of an Other Award grant. Each Other Award Agreement will be subject to the terms and conditions of the Plan.

  • Stock Award Agreement means a written agreement between the Company and a holder of a Stock Award evidencing the terms and conditions of an individual Stock Award grant. Each Stock Award Agreement shall be subject to the terms and conditions of the Plan.

  • RSU Award Agreement means a written agreement between the Company and a holder of a RSU Award evidencing the terms and conditions of a RSU Award grant. The RSU Award Agreement includes the Grant Notice for the RSU Award and the agreement containing the written summary of the general terms and conditions applicable to the RSU Award and which is provided to a Participant along with the Grant Notice. Each RSU Award Agreement will be subject to the terms and conditions of the Plan.

  • Award Agreement means the written or electronic agreement setting forth the terms and provisions applicable to each Award granted under the Plan. The Award Agreement is subject to the terms and conditions of the Plan.

  • Warrant Agreements means those agreements entered into in connection with the Loan, substantially in the form attached hereto as Exhibit B pursuant to which Borrower granted Lender the right to purchase that number of shares of Series B Preferred Stock of Borrower as more particularly set forth therein.

  • Forward Contract means, for each Forward, the contract evidencing such Forward between the Company and the Forward Purchaser, which shall be comprised of the Master Forward Confirmation and the related “Supplemental Confirmation” (as defined in the Master Forward Confirmation) for such Forward.

  • Performance Award Agreement means a written agreement between the Company and a Holder with respect to a Performance Award.

  • Restricted Stock Award Agreement means a written agreement between the Company and a holder of a Restricted Stock Award evidencing the terms and conditions of a Restricted Stock Award grant. Each Restricted Stock Award Agreement will be subject to the terms and conditions of the Plan.

  • Other Stock Award Agreement means a written agreement between the Company and a holder of an Other Stock Award evidencing the terms and conditions of an Other Stock Award grant. Each Other Stock Award Agreement will be subject to the terms and conditions of the Plan.

  • Option Agreement means a written agreement between the Company and an Optionholder evidencing the terms and conditions of an individual Option grant. Each Option Agreement shall be subject to the terms and conditions of the Plan.

  • Forward Hedge Shares means all Common Stock borrowed by the Forward Purchaser and offered and sold by the Forward Seller in connection with any Forward that has occurred or may occur in accordance with the terms and conditions of this Agreement. Where the context requires, the term “Forward Hedge Shares” as used herein shall include the definition of the same under the Alternative Distribution Agreements.

  • Award Document means the document signed by the Agency and the Purchasing Division, and approved as to form by the Attorney General, that identifies the Vendor as the contract holder.

  • FX Forward Contract is defined in Section 2.1.3.

  • Sub-grant Agreement means an agreement entered into, or proposed to be entered into, between the Bank and a Sub-grant Recipient; and

  • Master Forward Confirmation means the Master Confirmation for Issuer Share Forward Sale Transactions, dated as of the date hereof, by and between the Company and the Forward Purchaser, including all provisions incorporated by reference therein.

  • Options means any rights, warrants or options to subscribe for or purchase shares of Common Stock or Convertible Securities.

  • Stock Appreciation Right Agreement means a written agreement between the Company and a holder of a Stock Appreciation Right evidencing the terms and conditions of a Stock Appreciation Right grant. Each Stock Appreciation Right Agreement will be subject to the terms and conditions of the Plan.

  • Stock Appreciation Rights Agreement means a written agreement between the Company and a Holder with respect to an Award of Stock Appreciation Rights.

  • Investment Agreements or “Flow-Through Agreements” means written agreements pursuant to which the Partnership will subscribe for Flow-Through Shares (including Flow-Through Shares issued as part of a unit) or agreements by the Partnership to otherwise invest in or purchase securities of a Resource Issuer, and in respect of Flow-Through Shares comprised of units, the Resource Issuer will covenant and agree:

  • Reinvestment Agreements One or more reinvestment agreements, acceptable to the Rating Agencies, from a bank, insurance company or other corporation or entity (including the Trustee).

  • VIE Agreements means the Exclusive Service Agreement, the Exclusive Call Option Agreement, the Shareholder Voting Rights Proxy Agreement and the Equity Pledge Agreement entered into by and among some or all of the Parties hereto on the same day this agreement is entered, including any supplemental agreements or amendments to such agreements, and any other agreements, contracts or legal documents executed or issued by one or more Parties and/or Party C’s affiliated enterprises from time to time to ensure the performance of the aforesaid agreements, signed or accepted by Party A in writing.

  • Stock Grant Agreement means the agreement between the Company and a Grantee who is awarded Shares under the Plan that contains the terms, conditions and restrictions pertaining to the award of such Shares.

  • Settlement Agreements means any settlement reached in the U.S. Litigation with any of the Settling Defendants.

  • Restricted Stock Unit Award Agreement means a written agreement between the Company and a holder of a Restricted Stock Unit Award evidencing the terms and conditions of a Restricted Stock Unit Award grant. Each Restricted Stock Unit Award Agreement will be subject to the terms and conditions of the Plan.

  • Option Plans has the meaning assigned thereto in Section 2.7.