Common use of Determining Party Clause in Contracts

Determining Party. For all applicable Extraordinary Events, Dealer; provided, however, that all calculations, adjustments, specifications, choices and determinations by the Determining Party shall be made in good faith and in a commercially reasonable manner. The parties agree that they will comply with the provisions set forth in the second paragraph under “Calculation Agent” below. Non-Reliance: Applicable Agreements and Acknowledgments Regarding Hedging Activities: Applicable Additional Acknowledgments: Applicable

Appears in 19 contracts

Samples: Warrant Agreement (Atlas Air Worldwide Holdings Inc), Warrant Agreement (Atlas Air Worldwide Holdings Inc), Warrant Agreement (Atlas Air Worldwide Holdings Inc)

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Determining Party. For all applicable Extraordinary Events, Dealer; provided, however, provided that all calculations, adjustments, specifications, choices calculations and determinations by the Determining Party shall be made in good faith and in a commercially reasonable manner. The parties agree that they will comply with the provisions set forth in the second paragraph under “Calculation Agent” below. Non-Reliance: Applicable Agreements and Acknowledgments Regarding Hedging Activities: Applicable Additional Acknowledgments: Applicable

Appears in 11 contracts

Samples: Base Call Option Transaction (Sarepta Therapeutics, Inc.), Call Option Transaction (Sarepta Therapeutics, Inc.), Base Call Option Transaction (Sarepta Therapeutics, Inc.)

Determining Party. For all applicable Extraordinary Events, Dealer; provided, however, that all calculations, adjustments, specifications, choices and determinations by Dealer acting in its capacity as the Determining Party shall be made in good faith and in a commercially reasonable manner. The parties agree manner (it being understood that they Determining Party will comply with be subject to the provisions set forth in requirements of the second paragraph under “Calculation Agent” below). Non-Reliance: Applicable Applicable. Agreements and Acknowledgments Regarding Hedging Activities: Applicable Additional Acknowledgments: Applicable

Appears in 4 contracts

Samples: Warrant Agreement (Wright Medical Group N.V.), Warrant Agreement (Wright Medical Group N.V.), Warrant Agreement (Wright Medical Group N.V.)

Determining Party. For all applicable Extraordinary Events, Dealer; provided, however, that all calculations, adjustments, specifications, choices and determinations by Dealer acting in its capacity as the Determining Party shall be made in good faith and in a commercially reasonable manner. The parties agree manner (it being understood that they Determining Party will comply with be subject to the provisions set forth in requirements of the second paragraph under “Calculation Agent” below). Non-Reliance: Applicable Applicable. Agreements and Acknowledgments Regarding Hedging Activities: Applicable Additional Acknowledgments: Applicable

Appears in 2 contracts

Samples: Warrant Agreement (Wright Medical Group Inc), Warrant Agreement (Wright Medical Group Inc)

Determining Party. For all applicable Extraordinary Events, Dealer; provided, however, that all calculations, adjustments, specifications, choices and determinations by Dealer acting in its capacity as the Determining Party shall be made in good faith and in a commercially reasonable manner. The parties agree manner (it being understood that they Determining Party will comply with be subject to the provisions set forth in requirements of the second paragraph under “Calculation Agent” below. Non-Reliance: Applicable Agreements and Acknowledgments Regarding Hedging Activities: Applicable Additional Acknowledgments: Applicable).

Appears in 2 contracts

Samples: Call Option Transaction (Wright Medical Group N.V.), Call Option Transaction (Wright Medical Group Inc)

Determining Party. For all applicable Extraordinary Events, Dealer; provided, however, that all calculations, adjustments, specifications, choices and determinations by the Determining Party shall be made in good faith and in a commercially reasonable manner. The parties agree that they will comply with the provisions set forth in the second paragraph under “Calculation Agent” below. Non-Reliance: Applicable Agreements and Acknowledgments Applicable Regarding Hedging Activities: Applicable Additional Acknowledgments: Applicable:

Appears in 1 contract

Samples: Call Option Transaction (Atlas Air Worldwide Holdings Inc)

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Determining Party. For all applicable Extraordinary Events, Dealer; provided, however, that all calculations, adjustments, specifications, choices and determinations by Dealer acting in its capacity as the Determining Party shall be made in good faith and in a commercially reasonable manner. The parties agree manner (it being understood that they Determining Party will comply with be subject to the provisions set forth in requirements of the second paragraph under “Calculation Agent” below). Non-Reliance: Applicable Applicable. Agreements and Acknowledgments Acknowledgements Regarding Hedging Activities: Applicable Additional Acknowledgments: Applicable

Appears in 1 contract

Samples: Base Call Option Transaction (Wright Medical Group Inc)

Determining Party. For all applicable Extraordinary Events, Dealer; provided, however, provided that all calculations, adjustments, specifications, choices calculations and determinations by the Determining Party shall be made in good faith and in a commercially reasonable manner. The parties agree that they will comply with the provisions set forth in the second paragraph under “Calculation Agent” below. Non-Reliance: Applicable Agreements and Acknowledgments Regarding Hedging Activities: Applicable Additional Acknowledgments: Applicable

Appears in 1 contract

Samples: Base Call Option Transaction (Sarepta Therapeutics, Inc.)

Determining Party. For all applicable Extraordinary Events, Dealer; provided, however, provided that all calculations, adjustments, specifications, choices calculations and determinations adjustments by the Determining Party shall be made in good faith and in a commercially reasonable manner. The parties agree that they will comply with the provisions set forth in the second paragraph under “Calculation Agent” below. Non-Reliance: Applicable Agreements and Acknowledgments Regarding Hedging Activities: Applicable Additional Acknowledgments: Applicable.

Appears in 1 contract

Samples: Sales Agency Financing Agreement (Avalonbay Communities Inc)

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