Additional Adjustment. If, in Party A’s sole judgment, the actual cost to Party A directly or indirectly paid to any third party lender of Shares, over any one month period, for borrowing a number of Shares equal to the Base Amount to hedge its exposure to the Transaction exceeds a weighted average rate equal to 50 basis points per annum, the Calculation Agent shall reduce the Forward Price in order to compensate Party A for the amount by which such cost exceeded a weighted average rate equal to 50 basis points per annum during such period. The Calculation Agent shall notify Party B prior to making any such adjustment to the Forward Price and, upon the request of Party B, Party A shall provide an itemized list of its stock loan costs for the applicable one month period. Account Details: Payments to Party B: To be advised under separate cover or telephone confirmed prior to each Settlement Date. Delivery of Shares to Party A: To be advised.
Appears in 3 contracts
Samples: Letter Agreement (American Capital Strategies LTD), American Capital Strategies LTD, American Capital Strategies LTD
Additional Adjustment. If, in Party A’s sole judgment, the actual cost to Party A directly or indirectly paid to any third party lender of Shares, over any one month period, for of borrowing a number of Shares equal to the Base Amount to hedge its exposure to the Transaction exceeds a weighted average rate equal to 50 35 basis points per annum, the Calculation Agent shall reduce the Forward Price in order to compensate Party A for the amount by which such cost exceeded a weighted average rate equal to 50 35 basis points per annum during such period. The Calculation Agent shall notify Party B prior to making any such adjustment to the Forward Price and, upon the request of Party B, Party A shall provide an itemized list of its stock loan costs for the applicable one month period. Account Details: Payments to Party B: To be advised under separate cover or telephone confirmed prior to each Settlement Date. Delivery of Shares to Party A: To be advised.
Appears in 2 contracts
Samples: Letter Agreement (American Capital Strategies LTD), Letter Agreement (American Capital Strategies LTD)
Additional Adjustment. If, in Party A’s sole judgment, the actual cost to Party A directly or indirectly paid to any third third-party lender of Shares, over any one month period, for of borrowing a number of Shares equal to the Base Amount to hedge its exposure to the Transaction exceeds exceeded a weighted average rate equal to 50 basis points per annum, the Calculation Agent shall reduce the Forward Price in order to compensate Party A for the amount by which such cost exceeded a weighted average rate equal to 50 basis points per annum during such period. The Calculation Agent shall notify Party B prior to making any such adjustment to the Forward Price and, upon the request of Party B, Party A shall provide an itemized list of its stock loan costs for the applicable one month period. Account Details: Payments to Party B: To be advised under separate cover or telephone confirmed prior to each Settlement Date. Delivery of Shares to Party A: To be advised.
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Additional Adjustment. If, in Party A’s 's sole judgment, the actual cost to Party A directly or indirectly paid to any third party lender of Shares, over any one month period, for of borrowing a number of Shares equal to the Base Amount to hedge its exposure to the Transaction exceeds exceeded a weighted average rate equal to 50 ___ basis points per annum, the Calculation Agent shall reduce the Forward Price in order to compensate Party A for the amount by which such cost exceeded a weighted average rate equal to 50 ___ basis points per annum during such period. The Calculation Agent shall notify Party B prior to making any such adjustment to the Forward Price and, upon the request of Party B, Party A shall provide an itemized list of its stock loan costs for the applicable one month period. Account Details: Payments to Party B: To be advised under separate cover or telephone confirmed prior to each Settlement Date. Delivery of Shares to Party A: To be advised.
Appears in 1 contract
Samples: American Capital Strategies LTD
Additional Adjustment. If, in Party A’s sole judgment, the actual cost to Party A directly or indirectly paid to any third third-party lender of Shares, over any one month period, for of borrowing a number of Shares equal to the Base Amount to hedge its exposure to the Transaction exceeds exceeded a weighted average rate equal to 50 ___ basis points per annum, the Calculation Agent shall reduce the Forward Price in order to compensate Party A for the amount by which such cost exceeded a weighted average rate equal to 50 ___ basis points per annum during such period. The Calculation Agent shall notify Party B prior to making any such adjustment to the Forward Price and, upon the request of Party B, Party A shall provide an itemized list of its stock loan costs for the applicable one month period. Account Details: Payments to Party B: To be advised under separate cover or telephone confirmed prior to each Settlement Date. Delivery of Shares to Party A: To be advised.
Appears in 1 contract
Samples: Underwriting Agreement (American Capital Strategies LTD)
Additional Adjustment. If, in Party A’s 's sole judgment, the actual cost to Party A directly or indirectly paid to any third party lender of Shares, over any one month period, for of borrowing a number of Shares equal to the Base Amount to hedge its exposure to the Transaction exceeds a weighted average rate equal to 50 35 basis points per annum, the Calculation Agent shall reduce the Forward Price in order to compensate Party A for the amount by which such cost exceeded a weighted average rate equal to 50 35 basis points per annum during such period. The Calculation Agent shall notify Party B prior to making any such adjustment to the Forward Price and, upon the request of Party B, Party A shall provide an itemized list of its stock loan costs for the applicable one month period. Account Details: Payments to Party B: To be advised under separate cover or telephone confirmed prior to each Settlement Date. Delivery of Shares to Party A: To be advised.
Appears in 1 contract
Additional Adjustment. If, in Party A’s sole judgment, the actual cost to Party A directly or indirectly paid to any third party lender of Shares, over any one month period, for of borrowing a number of Shares equal to the Base Amount to hedge its exposure to the Transaction exceeds exceeded a weighted average rate equal to 50 ___ basis points per annum, the Calculation Agent shall reduce the Forward Price in order to compensate Party A for the amount by which such cost exceeded a weighted average rate equal to 50 ___ basis points per annum during such period. The Calculation Agent shall notify Party B prior to making any such adjustment to the Forward Price and, upon the request of Party B, Party A shall provide an itemized list of its stock loan costs for the applicable one month period. Account Details: Payments to Party B: To be advised under separate cover or telephone confirmed prior to each Settlement Date. Delivery of Shares to Party A: To be advised.
Appears in 1 contract
Samples: Underwriting Agreement (American Capital Strategies LTD)
Additional Adjustment. If, in Party A’s 's sole judgment, the actual cost to Party A directly or indirectly paid to any third party lender of Shares, over any one month period, for of borrowing a number of Shares equal to the Base Amount to hedge its exposure to the Transaction exceeds exceeded a weighted average rate equal to 50 basis points per annum, the Calculation Agent shall reduce the Forward Price in order to compensate Party A for the amount by which such cost exceeded a weighted average rate equal to 50 basis points per annum during such period. The Calculation Agent shall notify Party B prior to making any such adjustment to the Forward Price and, upon the request of Party B, Party A shall provide an itemized list of its stock loan costs for the applicable one month period. Account Details: Payments to Party B: To be advised under separate cover or telephone confirmed prior to each Settlement Date. Delivery of Shares to Party A: To be advised.
Appears in 1 contract
Samples: Underwriting Agreement (American Capital Strategies LTD)