thereof. (xvi) Counterparty (i) is capable of evaluating investment risks independently, both in general and with regard to particular transactions and investment strategies involving a security or securities; (ii) will exercise independent judgment in evaluating the recommendations of any broker-dealer or its associated persons, unless it has otherwise notified the broker-dealer in writing; and (iii) has total assets of at least USD 50 million as of the date hereof.
Appears in 58 contracts
Samples: Equity Distribution Agreement (Federal Realty OP LP), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Federal Realty OP LP)
thereof. (xvi) Counterparty (i1) is capable of evaluating investment risks independently, both in general and with regard to particular transactions and investment strategies involving a security or securities; (ii2) will exercise independent judgment in evaluating the recommendations of any broker-dealer or its associated persons, unless it has otherwise notified the broker-dealer in writing; and (iii3) has total assets of at least USD 50 million as of the date hereof.
Appears in 18 contracts
Samples: Forward Confirmation (Essential Properties Realty Trust, Inc.), Forward Confirmation (Essential Properties Realty Trust, Inc.), Forward Confirmation (Essential Properties Realty Trust, Inc.)
thereof. (xvi) Counterparty (i) is capable of evaluating investment risks independently, both in general and with regard to particular transactions and investment strategies involving a security or securities; , (ii) will exercise independent judgment in evaluating the recommendations of any broker-dealer or its associated persons, unless it has otherwise notified the broker-dealer in writing; writing and (iii) has total assets of at least USD 50 million as of the date hereof.
Appears in 2 contracts
Samples: Sales Agreement (Kilroy Realty, L.P.), Offeringsm Sales Agreement (Peakstone Realty Trust)
