Restricted Shares Clause Example with 21 Variations from Business Contracts

This page contains Restricted Shares clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Restricted Shares. If Counterparty is unable to comply with the covenant of Counterparty contained in Section 6 above or Dealer otherwise determines in its reasonable opinion that any Shares to be delivered to Dealer by Counterparty under any Transaction may not be freely returned by Dealer to securities lenders as described in the covenant of Counterparty contained in Section 6 above, then delivery of any such Settlement Shares (the "Unregistered Settlement Shares") shall be effected pursuant to Annex A hereto, u...nless waived by Dealer. View More
Found in AvalonBay Communities, Inc. contract

Variations of a "Restricted Shares" Clause from Business Contracts

Restricted Shares. If Counterparty is unable to comply with the covenant of Counterparty contained in Section 6 6(a) above or Dealer otherwise determines in its reasonable opinion that any Shares to be delivered to Dealer by Counterparty under any each Transaction may not be freely returned by Dealer to securities lenders as described in the covenant of Counterparty contained in Section 6 6(a) above, then delivery of any such Settlement Shares (the "Unregistered Settlement Shares") shall be effected pursuant to An...nex A B hereto, unless waived by Dealer. 21 Execution Copy 13. Use of Shares. Dealer acknowledges and agrees that, except in the case of a Private Placement Settlement, Dealer shall use any Shares delivered by Counterparty to Dealer on any Relevant Settlement Date with respect to each Transaction to return to securities lenders to close out borrowings created by Dealer (or its agents or affiliates, as applicable) in connection with its hedging activities related to exposure under such Transaction in a manner that Dealer or otherwise believes in good faith to be in compliance with applicable securities law. View More
Found in American Homes 4 Rent contract
Restricted Shares. If Counterparty is unable to comply with the covenant of Counterparty contained in Section 6 above 6(a) of this Master Confirmation or Dealer otherwise determines in its reasonable opinion opinion, based on advice of counsel, that any Shares to be delivered to Dealer by Counterparty under any Transaction may not be freely returned by Dealer to securities lenders as described in the covenant Section 6(a) of Counterparty contained in Section 6 above, this Master Confirmation, then delivery of any ...such Settlement Shares (the "Unregistered Settlement Shares") shall be effected pursuant to Annex A hereto, unless waived by Dealer. View More
Found in 3 Contracts from 3 Companies
Restricted Shares. If Counterparty is unable to comply with the covenant of Counterparty contained in Section 6 above or Dealer otherwise determines in its reasonable opinion that any Shares to be delivered to Dealer by Counterparty under any Transaction may not be freely returned by Dealer to securities lenders as described in the covenant of Counterparty contained in Section 6 above, above or otherwise constitute "restricted securities" as defined in Rule 144 under the Securities Act, then delivery of any such S...ettlement Shares (the "Unregistered Settlement Shares") shall be effected pursuant to Annex A hereto, unless waived by Dealer. 28 13. Use of Shares. Dealer acknowledges and agrees that, except in the case of a Private Placement Settlement, Dealer shall use any Shares delivered by Counterparty to Dealer on any Settlement Date to return to securities lenders to close out borrowings created by Dealer or an affiliate of Dealer in connection with Dealer's (or such affiliate's) hedging activities related to exposure under the Transactions or otherwise in compliance with applicable law. View More
Found in Alpine Income Property Trust, Inc. contract
Restricted Shares. If Counterparty is unable to comply with the covenant of Counterparty contained in Section 6 6(a)(iii) above because of a change in law or a change in the policy of the Securities and Exchange Commission or its staff, or Dealer otherwise determines in its reasonable opinion based on advice of counsel that any Shares to be delivered 22 to Dealer by Counterparty under any Transaction may not be freely returned by Dealer to securities lenders as described in the covenant of Counterparty contained i...n Section 6 6(a)(iii) above, then delivery of any such Settlement Shares (the "Unregistered Settlement Shares") shall be effected pursuant to Annex A hereto, unless waived by Dealer. View More
Found in Atmos Energy Corp contract
Restricted Shares. If Counterparty is unable to comply with the covenant of Counterparty contained in Section 6 6(a)(iii) above because of a change in law or a change in the policy of the Securities and Exchange Commission or its staff, or Dealer otherwise determines in its reasonable opinion based on advice of counsel that any Shares to be delivered to Dealer by Counterparty under any Transaction may not be freely returned by Dealer to securities lenders as described in the covenant of Counterparty contained in S...ection 6 6(a)(iii) above, then delivery of any such Settlement Shares (the "Unregistered Settlement Shares") shall be effected pursuant to Annex A hereto, unless waived by Dealer. View More
Found in 4 Contracts from Atmos Energy Corp
Restricted Shares. If Counterparty is unable to comply with the covenant of Counterparty contained in Section 6 ‎6 above or Dealer otherwise determines in its reasonable opinion that any Shares to be delivered to Dealer by Counterparty under any Transaction may not be freely returned by Dealer to securities lenders as described in the covenant of Counterparty contained in Section 6 ‎6 above, then delivery of any such Settlement Shares (the "Unregistered Settlement Shares") shall be effected pursuant to Annex A her...eto, unless waived by Dealer. 22 13. Use of Shares. Dealer acknowledges and agrees that, except in the case of a Private Placement Settlement, Dealer shall use any Shares delivered by Counterparty to Dealer on any Settlement Date to return to securities lenders to close out borrowings created by Dealer in connection with its hedging activities related to exposure under the Transactions or otherwise in compliance with applicable law. View More
Found in AvalonBay Communities, Inc. contract
Restricted Shares. If Counterparty is unable to comply with the covenant of Counterparty contained in Section 6 6(a) above because of a change in law or a change in the policy of the Securities and Exchange Commission or its staff, or Dealer otherwise determines in its reasonable opinion based on the advice of counsel that any Shares to be delivered to Dealer by Counterparty under any Transaction may not be freely returned by Dealer to securities lenders as described in the covenant of Counterparty contained in Se...ction 6 6(a) above, then delivery of any such Settlement Shares (the "Unregistered Settlement Shares") shall be effected pursuant to Annex A hereto, unless waived by Dealer. View More
Found in 2 Contracts from Atmos Energy Corp
Restricted Shares. If Counterparty is unable to comply with the covenant of Counterparty contained in Section 6 above or Dealer otherwise determines in its reasonable opinion that any Shares to be delivered to Dealer by Counterparty under any Transaction may not be freely returned by Dealer to securities lenders as described in the covenant of Counterparty contained in Section 6 above, then delivery of any such Settlement Shares (the "Unregistered Settlement Shares") shall be effected pursuant to Annex A hereto, u...nless waived by Dealer. 30 13. Use of Shares. Dealer acknowledges and agrees that, except in the case of a Private Placement Settlement, Dealer shall use any Shares delivered by Counterparty to Dealer on any Settlement Date to return to securities lenders to close out borrowings created by Dealer in connection with Dealer's hedging activities related to exposure under the Transaction or otherwise in compliance with applicable law. View More
Found in STAG Industrial, Inc. contract
Restricted Shares. If Counterparty is unable to comply with the covenant of Counterparty contained in Section 6 above or Dealer otherwise determines in its reasonable opinion that any Shares to be delivered to Dealer by Counterparty under any Transaction may not be freely returned by Dealer to securities lenders as described in the covenant of Counterparty contained in Section 6 above, then delivery of any such Settlement Shares (the "Unregistered Settlement Shares") shall be effected pursuant to Annex A hereto, u...nless waived by Dealer. 29 13. Use of Shares. Dealer acknowledges and agrees that, except in the case of a Private Placement Settlement, Dealer shall use any Shares delivered by Counterparty to Dealer on any Settlement Date to return to securities lenders to close out borrowings created by Dealer in connection with Dealer's hedging activities related to exposure under the Transaction or otherwise in compliance with applicable law. View More
Found in STAG Industrial, Inc. contract
Restricted Shares. If Counterparty is unable to comply with the covenant Registration Covenant of Counterparty contained in Section 6 ‎6(a)(iii) above or Dealer otherwise determines in its reasonable opinion that any Shares to be delivered to Dealer by Counterparty under any Transaction may not be freely returned by Dealer to securities lenders as described in the covenant Registration Covenant of Counterparty contained in Section 6 ‎6(a)(iii) above, then delivery of any such Settlement Shares (the "Unregistered S...ettlement Shares") shall be effected pursuant to Annex A hereto, unless waived by Dealer. View More
Found in Black Hills Corporation contract