Common use of Settlement Shares Clause in Contracts

Settlement Shares. (a) With respect to any Settlement Date other than the Final Date, the number of Shares designated as such by Counterparty in the relevant Settlement Notice or designated by Dealer pursuant to the “Termination Settlement” provisions of Paragraph 7(g) below, as applicable; provided that the Settlement Shares so designated shall, in the case of a designation by Counterparty, (i) not exceed the Number of Shares at that time and (ii) be at least equal to the lesser of 100,000 and the Number of Shares at that time; and

Appears in 4 contracts

Samples: Kilroy Realty, L.P., Kilroy Realty, L.P., Kilroy Realty, L.P.

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Settlement Shares. (a) With respect to any Settlement Date other than the Final Maturity Date, the number of Shares designated as such by Counterparty in the relevant Settlement Notice or designated as such by Dealer pursuant to the “Termination Settlement” provisions of Paragraph 7(g7(f) below, as applicable; provided that the Settlement Shares so designated shall, in the case of a designation by Counterparty, (i) not exceed the Number of Shares at that time and (ii) be at least equal to the lesser of 100,000 and the Number of Shares at that time; and

Appears in 4 contracts

Samples: Sempra, Sempra, Sempra Energy

Settlement Shares. (a) With respect to any Settlement Date other than the Final Maturity Date, the number of Shares designated as such by Counterparty in the relevant Settlement Notice or designated by Dealer pursuant to the “Termination Settlement” provisions of Paragraph 7(gSection 8(b) below, as applicable; provided that the Settlement Shares so designated shall, in the case of a designation by Counterparty, shall (i) not exceed the Number of Shares at that time and (ii) in the case of a designation by Counterparty, be at least equal to the lesser of 100,000 300,000 and the Number of Shares at that time; and

Appears in 3 contracts

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

Settlement Shares. (a) With respect to any Settlement Date other than the Final Date, the number of Shares designated or deemed designated as such by Counterparty in the relevant Settlement Notice or designated by Dealer pursuant to the “Termination SettlementAcceleration Events” provisions of Paragraph 7(g) below, as applicable; provided that the Settlement Shares so designated shall, in the case of a designation by Counterparty, shall (i) not exceed the applicable Number of Shares at that time and (ii) be at least equal to the lesser of 100,000 and the such Number of Shares at that time; and

Appears in 3 contracts

Samples: Affiliated Managers Group, Inc., Underwriting Agreement (Affiliated Managers Group, Inc.), Letter Agreement (Affiliated Managers Group, Inc.)

Settlement Shares. (a) With respect to any Settlement Date other than the Final Maturity Date, the number of Shares designated as such by Counterparty in the relevant Settlement Notice or designated by Dealer pursuant to the “Termination Settlement” provisions of Paragraph 7(g7(f) below, as applicable; provided that the Settlement Shares so designated shall, in the case of a designation by Counterparty, shall (i) not exceed the Number of Shares at that time and (ii) in the case of a designation by Counterparty, be at least equal to the lesser of 100,000 and the Number of Shares at that time; and

Appears in 2 contracts

Samples: NETSTREIT Corp., Agree Realty Corp

Settlement Shares. (a) With respect to any Settlement Date other than the Final Date, the number of Shares designated as such by Counterparty in the relevant Settlement Notice or designated by Dealer pursuant to the “Termination Settlement” provisions of Paragraph 7(g) below, as applicable; provided that the Settlement Shares so designated shall, in the case of a designation by Counterparty, shall (i) not exceed the Number of Shares at that time and (ii) in the case of a designation by Counterparty, be at least equal to the lesser of 100,000 10,000 and the Number of Shares at that time; andand (b) with respect to the Settlement Date on the Final Date, a number of Shares equal to the Number of Shares at that time; in each case with the Number of Shares determined taking into account pending Settlement Shares.

Appears in 2 contracts

Samples: Digital Realty Trust, L.P., Digital Realty Trust, L.P.

Settlement Shares. (a) With respect to any Settlement Date other than the Final Maturity Date, the number of Shares designated as such by Counterparty in the relevant Settlement Notice or designated by Dealer pursuant to the “Termination Settlement” provisions of Paragraph 7(g7(f) below, as applicable; provided that the Settlement Shares so designated shall, in the case of a designation by Counterparty, (i) not exceed the Number of Shares at that time and (ii) be at least equal to the lesser of 100,000 and the Number of Shares at that time; and

Appears in 1 contract

Samples: Sempra Energy

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Settlement Shares. (a) With a)With respect to any Settlement Date other than the Final Date, the number of Shares designated as such by Counterparty in the relevant Settlement Notice or designated by Dealer pursuant to the “Termination Settlement” provisions of Paragraph 7(g) below, as applicable; provided that the Settlement Shares so designated shall, in the case of a designation by Counterparty, shall (i) not exceed the Number of Shares at that time and (ii) in the case of a designation by Counterparty, be at least equal to the lesser of 100,000 10,000 and the Number of Shares at that time; and

Appears in 1 contract

Samples: Terms Agreement (Universal Health Realty Income Trust)

Settlement Shares. (a) With respect to any Settlement Date other than the Final Date, the number of Shares designated as such by Counterparty in the relevant Settlement Notice or designated by Dealer pursuant to the “Termination Settlement” provisions of Paragraph 7(g) below, as applicable; provided that the Settlement Shares so designated shall, in the case of a designation by Counterparty, (i) not exceed the Number of Shares at that time and (ii) be at least equal to the lesser of 100,000 and the Number of Shares at that time; andTermination

Appears in 1 contract

Samples: Equity Sales Agreement (W. P. Carey Inc.)

Settlement Shares. (a) With respect to any Settlement Date other than the Final Date, the number of Shares designated as such by Counterparty in the relevant Settlement Notice or designated by Dealer pursuant to the “Termination Settlement” provisions of Paragraph 7(g) of this Master Confirmation Agreement below, as applicable; provided that the Settlement Shares so designated shall, in the case of a designation by Counterparty, shall (i) not exceed the Number of Shares at that time and (ii) in the case of a designation by Counterparty, be at least equal to the lesser of 100,000 10,000 and the Number of Shares at that time; and

Appears in 1 contract

Samples: Equity Offeringsm Sales Agreement (Lithia Motors Inc)

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