Common use of Discretionary Adjustments Clause in Contracts

Discretionary Adjustments. Whenever any provision of this Indenture requires the Company to calculate the Closing Sale Prices, the Daily VWAPs or any function thereof over a span of multiple days (including during an Conversion Period), the Company will make appropriate adjustments to each, if any, to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the effective date, Ex-Dividend Date or Offer Expiration Date of the event occurs, at any time during the period when such Closing Sale Prices, the Daily VWAPs or function thereof is to be calculated.

Appears in 18 contracts

Samples: Indenture (ProSomnus, Inc.), Intercreditor Agreement (ProSomnus, Inc.), Intercreditor Agreement (ProSomnus, Inc.)

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Discretionary Adjustments. Whenever any provision of this Indenture requires the Company to calculate the Closing Last Reported Sale Prices, Prices or the Daily VWAPs or any function thereof over a span of multiple days (including during an Conversion a Cash Settlement Averaging Period), the Company will make appropriate adjustments to each, if any, 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 effective date, Exex-Dividend Date dividend date or Offer Expiration Date expiration date of the event occurs, at any time during the period when such Closing the Last Reported Sale Prices, Prices or the Daily VWAPs or function functions thereof is are to be calculated.

Appears in 1 contract

Samples: Welltower OP LLC

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Discretionary Adjustments. Whenever any provision of this Indenture requires the Company to calculate the Closing Last Reported Sale Prices, Prices or the Daily VWAPs or any function thereof over a span of multiple days (including during an Conversion a Cash Settlement Averaging Period), the Company will make appropriate adjustments to each, if any, 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 effective date, Exex-Dividend Date dividend date or Offer Expiration Date expiration date of the event occurs, at any time during the period when such Closing the Last Reported Sale Prices, Prices or the Daily VWAPs or function functions thereof is are to be calculated.

Appears in 1 contract

Samples: Federal Realty OP LP

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