Calculation Agent. Dealer, whose judgments, determinations and calculations shall be made in good faith and in a commercially reasonable manner. Following any determination or calculation by the Calculation Agent hereunder, upon a written request by Company, the Calculation Agent shall promptly (but in any event within three Scheduled Trading Days) provide to Company by e-mail to the e-mail address provided by Company in such request a report (in a commonly used file format for the storage and manipulation of financial data) displaying in reasonable detail the basis for such determination or calculation (including any assumptions used in making such determination or calculation), it being understood that the Calculation Agent shall not be obligated to disclose any proprietary models or proprietary information used by it for such determination or calculation.
Appears in 16 contracts
Samples: Call Option Transaction (Shutterfly Inc), Call Option Transaction (Shutterfly Inc), Call Option Transaction (Shutterfly Inc)
Calculation Agent. Dealer, whose judgments, determinations and calculations shall be made in good faith and in a commercially reasonable manner. Following any determination or calculation by the Calculation Agent hereunder, upon a written request by CompanyCounterparty, the Calculation Agent shall promptly (but in any event within three Scheduled Trading Days) will provide to Company Counterparty by e-mail to the e-mail address provided by Company Counterparty in such written request a report (in a commonly used file format for the storage and manipulation of financial data) displaying in reasonable detail the basis for such determination or calculation (including any assumptions used in making such determination or calculation), it being understood that the Calculation Agent shall not be obligated to disclose any proprietary models or proprietary information used by it for such determination or calculation.
Appears in 14 contracts
Samples: Call Option Transaction (Volcano Corp), Base Call Option Transaction (Volcano Corp), Base Call Option Transaction (Integra Lifesciences Holdings Corp)
Calculation Agent. Dealer, whose judgments, determinations and calculations shall be made in good faith and in a commercially reasonable manner. Following any determination or calculation by the Calculation Agent hereunder, upon a written request by Company, the Calculation Agent shall promptly (but in any event within three Scheduled Trading Days) will provide to Company by e-mail to the e-mail address provided by Company in such written request a report (in a commonly used file format for the storage and manipulation of financial data) displaying in reasonable detail the basis for such determination or calculation (including any assumptions used in making such determination or calculation), it being understood that the Calculation Agent shall not be obligated to disclose any proprietary models or proprietary information used by it for such determination or calculation.
Appears in 11 contracts
Samples: Warrant Agreement (Integra Lifesciences Holdings Corp), Warrant Agreement (Integra Lifesciences Holdings Corp), Warrant Agreement (Integra Lifesciences Holdings Corp)
Calculation Agent. Dealer, whose judgments, determinations and calculations shall be made in good faith and in a commercially reasonable manner. Following any determination or calculation by the Calculation Agent hereunder, upon a written request by CompanyCounterparty, the Calculation Agent shall promptly (but in any event within three Scheduled Trading Days) provide to Company Counterparty by e-mail to the e-mail address provided by Company Counterparty in such request a report (in a commonly used file format for the storage and manipulation of financial data) displaying in reasonable detail the basis for such determination or calculation (including any assumptions used in making such determination or calculation), it being understood that the Calculation Agent shall not be obligated to disclose any proprietary models or proprietary information used by it for such determination or calculation.
Appears in 7 contracts
Samples: Base Call Option Transaction (Spansion Inc.), Base Call Option Transaction (Spansion Inc.), Base Call Option Transaction (Spansion Inc.)
Calculation Agent. Dealer, whose judgments, determinations and calculations shall be made in good faith and in a commercially reasonable manner. Following any determination or calculation by the Calculation Agent hereunder, upon a written request by CompanyCounterparty, the Calculation Agent shall promptly (but in any event within three Scheduled Trading Days) provide to Company Counterparty by e-mail to the e-mail address provided by Company Counterparty in such request a report (in a commonly used file format for the storage and manipulation of financial data) displaying in reasonable detail the basis for such determination or calculation (including any assumptions used in making such determination or calculation), it being understood that the Calculation Agent shall not be obligated to disclose any confidential or proprietary models or any confidential or proprietary information used by it for such determination or calculation.
Appears in 4 contracts
Samples: Confirmation of Call Option Transaction (Amag Pharmaceuticals Inc.), Call Option Transaction (Amag Pharmaceuticals Inc.), Call Option Transaction (Amag Pharmaceuticals Inc.)
Calculation Agent. Dealer, whose judgments, determinations and calculations shall be made in good faith and in a commercially reasonable manner. Following any determination or calculation by the Calculation Agent hereunderAgent, upon a written request by Company, the Calculation Agent shall promptly (but in any event within three Scheduled Trading Days) provide to Company by e-mail email to the e-mail email address provided by Company in such request a report (in a commonly used file format for the storage and manipulation of financial data) displaying in reasonable detail the basis for such determination or calculation (including any assumptions used in making such determination or calculation), it being understood that the Calculation Agent shall not be obligated to disclose any proprietary models or proprietary information used by it for such determination or calculation.
Appears in 4 contracts
Samples: Warrant Confirmation (Healthways, Inc), Warrant Agreement (Healthways, Inc), Warrant Agreement (Healthways, Inc)
Calculation Agent. Dealer, whose judgments, determinations and calculations shall be made in good faith and in a commercially reasonable manner. Following any determination or calculation by the Calculation Agent hereunder, upon a written request by CompanyCounterparty, the Calculation Agent shall promptly (but in any event within three Scheduled Trading Days) provide to Company Counterparty by e-mail to the e-mail address provided by Company Counterparty in such request a report (in a commonly used file format for the storage and manipulation of financial data) displaying in reasonable detail the basis for such determination or calculation (including any assumptions used in making such determination or calculation), it being understood that the Calculation Agent shall not be obligated to disclose any proprietary or confidential models or proprietary information used by it for such determination or calculation.
Appears in 4 contracts
Samples: Call Option Transaction (Horizon Pharma, Inc.), Call Option Transaction (Horizon Pharma, Inc.), Call Option Transaction (Horizon Pharma, Inc.)
Calculation Agent. Dealer, whose judgments, determinations and calculations shall be made in good faith and in a commercially reasonable manner. Following any determination or calculation by the Calculation Agent hereunder, upon a written request by Company, the Calculation Agent shall promptly (but in any event within three Scheduled Trading Days) provide to Company by e-mail to the e-mail address provided by Company in such request a report (in a commonly used file format for the storage and manipulation of financial data) displaying in reasonable detail the basis for such determination or calculation (including any assumptions used in making such determination or calculation), it being understood that the Calculation Agent shall not be obligated to disclose any proprietary models or proprietary information used by it for such determination or calculation.
Appears in 4 contracts
Samples: Additional Warrants Confirmation (Hornbeck Offshore Services Inc /La), Base Warrants Confirmation (Hornbeck Offshore Services Inc /La), Additional Warrants Confirmation (Hornbeck Offshore Services Inc /La)
Calculation Agent. Dealer, whose judgments, ; provided that all determinations and calculations made by the Calculation Agent shall be made in good faith and in a commercially reasonable manner. Following any determination or calculation by the Calculation Agent hereunder, upon hereunder and a prior written request by Company, the Calculation Agent shall promptly (but in provide Company a written explanation of any event within three Scheduled Trading Days) provide to Company calculation or adjustment made by e-mail to it including, where applicable, a description of the e-mail address provided by Company in such request a report (in a commonly used file format for the storage methodology and manipulation of financial data) displaying in reasonable detail the basis for such determination calculation or calculation (including any assumptions used adjustment in making such determination or calculation)reasonable detail, it being understood that the Calculation Agent shall not be obligated to disclose any proprietary models or proprietary information used by it for such determination or calculation.
Appears in 3 contracts
Samples: Warrant Agreement (Newell Rubbermaid Inc), Warrant Agreement (Tyson Foods Inc), Warrant Agreement (Newell Rubbermaid Inc)
Calculation Agent. Dealer, whose judgments, determinations and calculations shall be made in good faith and in a commercially reasonable mannermanner (whether or not explicitly so stated in connection with a provision hereof). Following any determination or calculation by the Calculation Agent hereunder, upon a written request by Company, the Calculation Agent shall promptly (but in any event within three Scheduled Trading five Exchange Business Days) provide to Company by e-mail to the e-mail address provided by Company in such request a report (in a commonly used file format for the storage and manipulation of financial data) displaying in reasonable detail the basis for such determination or calculation (including any assumptions used in making such determination or calculation), it being understood that the Calculation Agent shall not be obligated to disclose any proprietary models or proprietary information used by it for such determination or calculation.
Appears in 2 contracts
Samples: Warrant Confirmation (Spectrum Pharmaceuticals Inc), Warrant Agreement (Spectrum Pharmaceuticals Inc)
Calculation Agent. Dealer, whose judgments, determinations and calculations shall be made in good faith and in a commercially reasonable manner. Following any determination or calculation by the Calculation Agent hereunderAgent, upon a written request by CompanyCounterparty, the Calculation Agent shall promptly (but in any event within three Scheduled Trading Days) provide to Company Counterparty by e-mail email to the e-mail email address provided by Company Counterparty in such request a report (in a commonly used file format for the storage and manipulation of financial data) displaying in reasonable detail the basis for such determination or calculation (including any assumptions used in making such determination or calculation), it being understood that the Calculation Agent shall not be obligated to disclose any proprietary models or proprietary information used by it for such determination or calculation.
Appears in 2 contracts
Samples: Call Option Transaction (Healthways, Inc), Call Option Transaction (Healthways, Inc)
Calculation Agent. Dealer, whose judgments, determinations and calculations shall be made in good faith and in a commercially reasonable manner. Following any determination or calculation by the Calculation Agent hereunder, upon a written request by CompanyCounterparty, the Calculation Agent shall promptly (but in any event within three Scheduled Trading Days) provide to Company Counterparty by e-mail to the e-e- mail address provided by Company Counterparty in such request a report (in a commonly used file format for the storage and manipulation of financial data) displaying in reasonable detail the basis for such determination or calculation (including any assumptions used in making such determination or calculation), it being understood that the Calculation Agent shall not be obligated to disclose any confidential or proprietary models or any confidential or proprietary information used by it for such determination or calculation.
Appears in 2 contracts
Samples: Base Call Option Transaction (Amag Pharmaceuticals Inc.), Base Call Option Transaction (Amag Pharmaceuticals Inc.)
Calculation Agent. Dealer, whose judgments, determinations and calculations shall be made in good faith and in a commercially reasonable manner. Following any determination or calculation by the Calculation Agent hereunder, upon a written request by Company, the Calculation Agent shall promptly (but in any event within three Scheduled Trading Days) provide to Company by e-mail to the e-mail address provided by Company in such request a report (in a commonly used file format for the storage and manipulation of financial data) displaying in reasonable detail the basis for such determination or calculation (including any assumptions used in making such determination or calculation), it being understood that the Calculation Agent shall not be obligated to disclose any confidential or proprietary models or any confidential or proprietary information used by it for such determination or calculation.
Appears in 1 contract
Samples: Warrant Agreement (Yahoo Inc)
Calculation Agent. Dealer, whose judgments, determinations and calculations shall be made in good faith and in a commercially reasonable manner. Following any determination or calculation by the Calculation Agent hereunder, upon a written request by Company, the Calculation Agent shall promptly (but in any event within three Scheduled Trading Days) provide to Company by e-mail to the e-mail address provided by Company in such request a report (in a commonly used file format for the storage and manipulation of financial data) displaying in reasonable detail the basis for such determination or calculation (including any assumptions used in making such determination or calculation), it being understood that the Calculation Agent shall not be obligated to disclose any proprietary or confidential models or proprietary or confidential information used by it for such determination or calculation.
Appears in 1 contract
Calculation Agent. Dealer, whose judgments, determinations and calculations shall be made in good faith and in a commercially reasonable manner. Following any determination or calculation by the Calculation Agent hereunder, upon a written request by CompanyCounterparty, the Calculation Agent shall promptly (but in any event within three Scheduled Trading Days) provide to Company Counterparty by e-mail to the e-mail address provided by Company Counterparty in such request a report (in a commonly used file format for the storage and manipulation of financial data) displaying in reasonable detail the basis for such determination or calculation (including any assumptions used in making such determination or calculation), it being understood that the Calculation Agent shall not be obligated to disclose any confidential or proprietary models or any confidential or proprietary information used by it for such determination or calculation.
Appears in 1 contract
Samples: Call Option Transaction (Yahoo Inc)
Calculation Agent. Dealer, whose judgments, determinations and calculations shall be made in good faith and in a commercially reasonable manner. Following any determination or calculation by the Calculation Agent hereunder, upon a written request by CompanyCounterparty, the Calculation Agent shall promptly (but in any event within three Scheduled Trading Days) provide to Company Counterparty by e-mail to the e-mail address provided by Company Counterparty in such request a report (in a commonly used file format for the storage and manipulation of financial data) displaying in reasonable detail the basis for such determination or calculation (including any assumptions used in making such determination or calculation), it being understood that the Calculation Agent shall not be obligated to disclose any proprietary or confidential models or proprietary or confidential information used by it for such determination or calculation.
Appears in 1 contract
Samples: Call Option Transaction (Electronics for Imaging Inc)