Adjustments of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values or the Daily Settlement Amounts over a span of multiple days (including an Observation Period and the period for determining the Stock Price for purposes of a Make-Whole Fundamental Change), the Company shall make appropriate adjustments to each to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the Ex-Dividend Date of the event occurs, at any time during the period when the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values or the Daily Settlement Amounts are to be calculated.
Appears in 8 contracts
Samples: Indenture (ServiceNow, Inc.), Indenture (Yahoo Inc), Indenture (Akamai Technologies Inc)
Adjustments of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values or Values, the Daily Settlement Amounts over a span of multiple days (including an Observation Period and the period for determining the Stock Price for purposes of a Make-Whole Fundamental Change), the Company shall make appropriate adjustments to each to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the Ex-Dividend Date of the event occurs, at any time during the period when the such Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values or the Daily Settlement Amounts are to be calculated.
Appears in 5 contracts
Samples: Indenture (HCI Group, Inc.), Indenture (Encore Capital Group Inc), Indenture (HCI Group, Inc.)
Adjustments of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, VWAPs or the Daily Conversion Values or the Daily Settlement Amounts over a span of multiple days (including an Observation Period and the period for determining the Stock Price for purposes of a Make-Whole Fundamental Change), the Company Board of Directors shall make appropriate adjustments to each to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the Ex-Dividend Date of the event occurs, at any time during the period when the Last Reported Sale Prices, the Daily VWAPs, VWAPs or the Daily Conversion Values or the Daily Settlement Amounts are to be calculated.
Appears in 5 contracts
Samples: Indenture (Allscripts Healthcare Solutions, Inc.), Indenture (Meadowbrook Insurance Group Inc), Indenture (Molina Healthcare Inc)
Adjustments of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values or the Daily Settlement Amounts over a span of multiple days (including an Observation Period and the period for determining the Stock Price for purposes of a Make-Whole Fundamental ChangeSection 14.06), the Company shall Board of Directors will make appropriate adjustments to each to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the Ex-Dividend Date, Effective Date or the expiration date of the event occurs, at any time during the period when the such Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values or the Daily Settlement Amounts are to be calculated.
Appears in 4 contracts
Samples: Indenture (Arbor Realty Trust Inc), Indenture (Arbor Realty Trust Inc), Indenture (Arbor Realty Trust Inc)
Adjustments of Prices. Whenever any provision of this Indenture the indenture requires the Company us to calculate the Last Reported Sale Priceslast reported sale prices, the Daily daily VWAPs, the Daily Conversion Values daily conversion values or the Daily Settlement Amounts daily settlement amounts over a span of multiple days (including an Observation Period observation period and the period for determining the Stock Price “stock price” for purposes of a Make-Whole Fundamental ChangeChange of Control), the Company shall ION’s board of directors or a committee thereof will make appropriate adjustments to each to account for any adjustment to the Conversion Rate conversion rate that becomes effective, or any event requiring an adjustment to the Conversion Rate conversion rate where the Exex-Dividend Date dividend date, effective date or expiration date of the event occurs, at any time during the period when the Last Reported Sale Priceslast reported sale prices, the Daily daily VWAPs, the Daily Conversion Values daily conversion values or the Daily Settlement Amounts daily settlement amounts are to be calculated.
Appears in 3 contracts
Samples: Restructuring Support Agreement (Ion Geophysical Corp), Restructuring Support Agreement (Ion Geophysical Corp), Restructuring Support Agreement (Ion Geophysical Corp)
Adjustments of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values or the Daily Settlement Amounts over a span of multiple days (including an Observation Period and the period for determining the Stock Price for purposes of a Make-Whole Fundamental Change), the Company shall make appropriate adjustments to each to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the Ex-Dividend Date of the event occurs, at any time during the period when the such Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values or the Daily Settlement Amounts are to be calculated.
Appears in 2 contracts
Samples: Indenture (Infinera Corp), Indenture (Shutterfly Inc)
Adjustments of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values Value or the Daily Combination Settlement Amounts Amount over a span of multiple days (including including, without limitation, an Observation Period and the period for determining the Stock Price for purposes of a Make-Whole Fundamental ChangePeriod), the Company shall shall, in good faith, make appropriate adjustments to each to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the Ex-Dividend Date, Effective Date or expiration date, as the case may be, of the event occurs, occurs at any time during the period when the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values Value or the Daily Combination Settlement Amounts Amount are to be calculated.
Appears in 2 contracts
Samples: Indenture (Sunnova Energy International Inc.), Indenture (Sunnova Energy International Inc.)
Adjustments of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, VWAPs or the Daily Conversion Values or the Daily Settlement Amounts over a span of multiple days (including an Observation Period and the period for determining the Stock Price for purposes of a Make-Whole Fundamental Change), the Company shall make appropriate adjustments to each to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the Ex-Dividend Date of the event occurs, at any time during the period when the from which such Last Reported Sale Prices, the Daily VWAPs, VWAPs or the Daily Conversion Values or the Daily Settlement Amounts are to be calculated.
Appears in 2 contracts
Samples: Indenture (Cadence Design Systems Inc), Indenture (Knight Capital Group, Inc.)
Adjustments of Prices. Whenever any provision of this the Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values or the Daily Settlement Amounts over a span of multiple days (including an Observation Period and the period for determining the Stock Price for purposes of a Make-Whole Fundamental Change), the Company Board of Directors shall make appropriate adjustments to each to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the Ex-Dividend Date of the event occurs, at any time during the period when the such Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values or the Daily Settlement Amounts are to be calculated.
Appears in 2 contracts
Samples: Third Supplemental Indenture (Apollo Commercial Real Estate Finance, Inc.), First Supplemental Indenture (Apollo Commercial Real Estate Finance, Inc.)
Adjustments of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, VWAPs or the Daily Conversion Values or the Daily Settlement Amounts over a span of multiple days (including an Observation Period and the period for determining the Stock Price for purposes of a Make-Whole Fundamental Change), the Company shall make appropriate adjustments to each to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the Ex-Dividend Date of the event occurs, at any time during the period when the Last Reported Sale Prices, the Daily VWAPs, VWAPs or the Daily Conversion Values or the Daily Settlement Amounts are to be calculated.
Appears in 1 contract
Samples: Indenture (Healthways, Inc)
Adjustments of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale PricesPrices , the Daily VWAPs, the Daily Conversion Values VWAPs or the Daily Settlement Amounts Exchange Values (or, in each case, any function thereof) over a span of multiple days (including an Observation Period and the period for determining the Stock Share Price for purposes of a Make-Whole Fundamental Change), the Board of Directors of the Company shall make appropriate adjustments to each to account for any adjustment to the Conversion Exchange Rate that becomes effective, or any event requiring an adjustment to the Conversion Exchange Rate where the Ex-Dividend Date of the event occurs, at any time during the period when the Last Reported Sale PricesPrices , the Daily VWAPs, the Daily Conversion Values VWAPs or the Daily Settlement Amounts Exchange Values are to be calculated.
Appears in 1 contract
Samples: Indenture
Adjustments of Prices. Whenever any provision of this Indenture the indenture requires the Company us to calculate the Last Reported Sale Priceslast reported sale prices, the Daily daily VWAPs, the Daily Conversion Values daily conversion values or the Daily Settlement Amounts daily settlement amounts over a span of multiple days (including an Observation Period observation period and the period for determining the Stock Price “stock price” for purposes of a Makemake-Whole Fundamental Changewhole fundamental change), the Company shall our board of directors or a committee thereof will make appropriate adjustments to each to account for any adjustment to the Conversion Rate conversion rate that becomes effective, or any event requiring an adjustment to the Conversion Rate conversion rate where the Exex-Dividend Date dividend date, effective date or expiration date of the event occurs, at any time during the period when the Last Reported Sale Priceslast reported sale prices, the Daily daily VWAPs, the Daily Conversion Values daily conversion values or the Daily Settlement Amounts daily settlement amounts are to be calculated.
Appears in 1 contract
Adjustments of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values or the Daily Settlement Amounts over a span of multiple days (including an Observation Period and the period for determining the Stock Price for purposes of a Make-Whole Fundamental ChangePeriod), the Company Board of Directors shall make appropriate adjustments to each to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the Ex-Dividend Date or expiration date of the event occurs, at any time during the period when the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values or the Daily Settlement Amounts are to be calculated.
Appears in 1 contract
Samples: Indenture (Whiting Petroleum Corp)
Adjustments of Prices. Whenever any provision of this the Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPsVWAPs of the Common Stock, the Daily Conversion Values or the Daily Settlement Amounts over a span of multiple days (including an Observation a Settlement Averaging Period and the period for determining the Stock Price for purposes of a Make-Whole Fundamental Change), the Company Board of Directors shall make appropriate adjustments to each to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the Ex-Dividend Date of the event occurs, at any time during the period when the such Last Reported Sale Prices, Daily VWAPs of the Daily VWAPsCommon Stock, the Daily Conversion Values or the Daily Settlement Amounts are to be calculated.
Appears in 1 contract
Adjustments of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values Values, the Daily Settlement Amounts, the Daily Reduction Price or the Daily Settlement Amounts Reduction Rate over a span of multiple days (including an Observation Period and the period for determining the Stock Price for purposes of a Make-Whole Fundamental ChangePeriod), the Company Board of Directors shall make appropriate adjustments to each to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the Ex-Dividend Date or expiration date of the event occurs, at any time during the period when the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values Values, the Daily Settlement Amounts, the Daily Reduction Prices or the Daily Settlement Amounts Reduction Rates are to be calculated.
Appears in 1 contract
Samples: Indenture (Whiting Petroleum Corp)
Adjustments of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values Prices or the Daily Settlement Amounts VWAPs over a span of multiple days (including an Observation Period and the period for determining the Stock Price for purposes of a Make-Whole Fundamental ChangeChange or Optional Redemption), the Company shall make appropriate adjustments to each to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the Ex-Dividend Date or Record Date, as the case may be, of the event occurs, at any time during the period when the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values VWAPs or the Daily Settlement Amounts Stock Price are to be calculated.
Appears in 1 contract
Samples: Indenture (Egalet Corp)
Adjustments of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values Prices or the Daily Settlement Amounts VWAPs over a span of multiple days (including an Observation Period and the period for determining the Stock Price for purposes of a Make-Whole Fundamental ChangeValuation Period), the Company shall make appropriate any adjustments to each that it reasonably determines in good faith to be appropriate to account for any adjustment to the Conversion Exchange Rate that becomes effective, or any event requiring an adjustment to the Conversion Exchange Rate (or changes to the market price per share of Common Stock resulting from any such event) where the Ex-Dividend “ex” date, Effective Date or expiration date, as the case may be, of the event occurs, occurs at any time during the period when the such Last Reported Sale Prices, the Prices or Daily VWAPs, the Daily Conversion Values or the Daily Settlement Amounts VWAPs are to be calculated, without duplication of any adjustment made pursuant to Section 10.06.
Appears in 1 contract
Adjustments of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values Prices or the Daily Settlement Amounts VWAPs over a span of multiple days (including an Observation Period and the period for determining the Stock Price for purposes of a Make-Whole Fundamental Change), the Company shall make appropriate adjustments (without duplication in respect of any adjustment made pursuant to Section 14.04) to each to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the Ex-Dividend Date, Effective Date or Expiration Date, as the case may be, of the event occurs, at any time during the period when the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values Prices or the Daily Settlement Amounts VWAPs are to be calculated.
Appears in 1 contract
Samples: Indenture (Cazoo Group LTD)
Adjustments of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values Settlement Amounts or the Daily Settlement Amounts Conversion Values over a span of multiple days (including an Observation Period and the period for determining the Stock Price for purposes of a Make-Whole Fundamental Change), the Company shall make appropriate adjustments to each to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the Ex-Dividend Date of the event occurs, at any time during the period when the from which such Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values Settlement Amounts or the Daily Settlement Amounts Conversion Values are to be calculated.
Appears in 1 contract
Samples: Indenture (Microsoft Corp)
Adjustments of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values or the Daily Settlement Amounts over a span of multiple days (including including, without limitation, an Observation Period and the period for determining the Stock Price for purposes of a Make-Whole Fundamental ChangePeriod), the Company shall make appropriate adjustments in good faith and in a commercially reasonable manner to each to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the Ex-Dividend Date, Effective Date or expiration date of the event occurs, at any time during the period when the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values or the Daily Settlement Amounts are to be calculated.
Appears in 1 contract
Adjustments of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, VWAPs or the Daily Conversion Values or the Daily Settlement Amounts (or, in each case, any function thereof) over a span of multiple days (including an Observation Period and the period for determining the Stock Share Price for purposes of a Make-Whole Fundamental Change), the Company Board of Directors shall make appropriate adjustments to each to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the Ex-Dividend Date of the event occurs, at any time during the period when the Last Reported Sale Prices, the Daily VWAPs, VWAPs or the Daily Conversion Values or the Daily Settlement Amounts are to be calculated.
Appears in 1 contract