Common use of Alteration of Method of Calculation Clause in Contracts

Alteration of Method of Calculation. If at any time the method of calculating the Index or a Successor Index, or the ending index level to be used in computing the Capped Quarterly Return, is changed in a material respect, or if the Index or a Successor Index is in any other way modified so that such Index does not, in the opinion of the Calculation Agent, fairly represent the value of the Index or such Successor Index had such changes or modifications not been made, then, from and after such time, the Calculation Agent will, at the Close of Trading in New York City on the date that the ending index level to be used in computing the Capped Quarterly Return is to be determined, make such calculations and adjustments as, in the good faith judgment of the Calculation Agent, may be necessary in order to arrive at a level of a stock index comparable to the Index or such Successor Index, as the case may be, as if such changes or modifications had not been made, and calculate the Capped Quarterly Returns, the Equity Return and the Alternative Redemption Amount with reference to the Index or such Successor Index, as adjusted. Accordingly, if the method of calculating the Index or a Successor Index is modified so that the level of such index is a fraction of what it would have been if it had not been modified (e.g., due to a split in the index), then the Calculation Agent shall adjust such index in order to arrive at a level of the Index or such Successor Index as if it had not been modified (e.g., as if such split had not occurred).

Appears in 2 contracts

Samples: Calculation Agency Agreement (Lehman Brothers Holdings Inc), Calculation Agency Agreement (Lehman Brothers Holdings Inc)

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Alteration of Method of Calculation. If at any time the method of calculating the a Component Index or a Successor Index for such Component Index, or the ending index level to be used in computing the Capped Quarterly ReturnEnding Level thereof, is changed in a material respect, or if the Component Index or a Successor Index for such Component Index is in any other way modified so that such Component Index does not, in the opinion of the Calculation Agent, fairly represent the value of the Component Index or such Successor Index had such changes or modifications not been made, then, from and after such time, the Calculation Agent will, at the Close of Trading in New York City on the date that the ending index level to be used in computing the Capped Quarterly Return any Ending Level is to be determineddetermined for any Component Index, make such calculations and adjustments as, in the good faith judgment of the Calculation Agent, may be necessary in order to arrive at a level of a stock index comparable to the Component Index or such Successor Index, as the case may be, as if such changes or modifications had not been made, and calculate the Capped Quarterly ReturnsRedemption Payment Amount, Repurchase Payment Amount or the Equity Return and Maturity Payment Amount, as the Alternative Redemption Amount case may be, with reference to the Component Index or such Successor Index, as adjusted. Accordingly, if the method of calculating the Component Index or a Successor Index is modified so that the level of such index is a fraction of what it would have been if it had not been modified (e.g.for example, due to a split in the index), then the Calculation Agent shall adjust such index in order to arrive at a level of the Component Index or such Successor Index as if it had not been modified (e.g.for example, as if such split had not occurred).

Appears in 1 contract

Samples: Calculation Agency Agreement (Lehman Brothers Holdings Inc)

Alteration of Method of Calculation. If at any time the method of calculating the Index or a Successor Index, or the ending index level Ending Index Level to be used in computing the Capped Quarterly Return, is changed in a material respect, or if the Index or a Successor Index is in any other way modified so that such Index does not, in the opinion of the Calculation Agent, fairly represent the value of the Index or such Successor Index had such changes or modifications not been made, then, from and after such time, the Calculation Agent will, at the Close of Trading in New York City on the date that the ending index level Ending Index Level to be used in computing the Capped Quarterly Return is to be determined, make such calculations and adjustments as, in the good faith judgment of the Calculation Agent, may be necessary in order to arrive at a level of a stock index comparable to the Index or such Successor Index, as the case may be, as if such changes or modifications had not been made, and calculate the Capped Quarterly Returns, Returns and the Equity Return and the Alternative Redemption Amount Bonus with reference to the Index or such Successor Index, as adjusted. Accordingly, if the method of calculating the Index or a Successor Index is modified so that the level of such index is a fraction of what it would have been if it had not been modified (e.g., due to a split in the index), then the Calculation Agent shall adjust such index in order to arrive at a level of the Index or such Successor Index as if it had not been modified (e.g., as if such split had not occurred).. Set forth below are the terms used in the Agreement and in this Annex A.

Appears in 1 contract

Samples: Calculation Agency Agreement (Lehman Brothers Holdings Inc)

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Alteration of Method of Calculation. If at any time the method of calculating the Index or a Successor Index, or the ending index level Ending Index Level to be used in computing the Capped Quarterly Return, is changed in a material respect, or if the Index or a Successor Index is in any other way modified so that such Index does not, in the opinion of the Calculation Agent, fairly represent the value of the Index or such Successor Index had such changes or modifications not been made, then, from and after such time, the Calculation Agent will, at the Close of Trading in New York City on the date that the ending index level Ending Index Level to be used in computing the Capped Quarterly Return is to be determined, make such calculations and adjustments as, in the good faith judgment of the Calculation Agent, may be necessary in order to arrive at a level of a stock index comparable to the Index or such Successor Index, as the case may be, as if such changes or modifications had not been made, and calculate the Capped Quarterly Returns, Returns and the Equity Return and the Alternative Redemption Amount Bonus with reference to the Index or such Successor Index, as adjusted. Accordingly, if the method of calculating the Index or a Successor Index is modified so that the level of such index is a fraction of what it would have been if it had not been modified (e.g., due to a split in the index), then the Calculation Agent shall adjust such index in order to arrive at a level of the Index or such Successor Index as if it had not been modified (e.g., as if such split had not occurred).

Appears in 1 contract

Samples: Calculation Agency Agreement (Lehman Brothers Holdings Inc)

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