Common use of INDEX EXCLUSIONS Clause in Contracts

INDEX EXCLUSIONS. There shall be excluded from the list of Index Companies any company as to which, between the Initial Index Date and the end the Pricing Period, there occurs or there is publicly announced (a) a proposed merger, acquisition, or business combination in which that company is not or will not ultimately be the survivor, (b) a tender offer, exchange offer, other transaction involving or proposing to involve the acquisition of a majority of that company's common stock or assets, or (c) a reclassification, recapitalization, subdivision, spin-off, split-up, or combination of its common stock; provided that if eight or more of the Index Companies are excluded pursuant to this Section, then, unless Old Kent and Grand Premier agree otherwise, Old Kent and Grand Premier shall agree upon mutually acceptable substitute Index Companies. If a company is excluded from the list of Index Companies, then the Initial Index Price and the Final Index Price shall be calculated as if the excluded company had not originally been included in the list of companies.

INDEX EXCLUSIONS. There shall be excluded from the list of Index Companies any company as to which, between the Initial Index Date and the end the Pricing Period, there occurs or there is publicly announced (a) a proposed merger, acquisition, or business combination in which that company is not or will not ultimately be the survivor, (b) a tender offer, exchange offer, other transaction involving or proposing to involve the acquisition of a majority of that company's common stock or assets, or (c) a reclassification, recapitalization, subdivision, spin-off, split-up, or combination of its common stock; provided PROVIDED that if eight or more of the Index Companies are excluded pursuant to this Section, then, unless Old Kent and Grand Premier agree otherwise, Old Kent and Grand Premier shall agree upon mutually acceptable substitute Index Companies. If a company is excluded from the list of Index Companies, then the Initial Index Price and the Final Index Price shall be calculated as if the excluded company had not originally been included in the list of companies.

INDEX EXCLUSIONS. There shall be excluded from the list of Index Companies any company as to which, between the Initial Index Date and the end the Pricing Period, there occurs or there is publicly announced (a) a proposed merger, acquisition, or business combination in which that company is not or will not ultimately be the survivor, (b) a tender offer, exchange offer, other transaction involving or proposing to involve the acquisition of a majority of that company's common stock or assets, or (c) a reclassification, recapitalization, subdivision, spin-off, split-up, or combination of its common stock; provided that if eight five or more of the Index Companies are excluded pursuant to this Section, then, unless Old Kent Chemical and Grand Premier Shoreline agree otherwise, Old Kent Chemical and Grand Premier Shoreline shall agree upon mutually acceptable substitute Index Companies. If a company is excluded from the list of Index Companies, then the Initial Index Price and the Final Index Price shall be calculated as if the excluded company had not originally been included in the list of companies.

INDEX EXCLUSIONS. There shall be excluded from the list of Index Companies any company as to which, between the Initial Index Date and the end the Pricing Period, there occurs or there is publicly announced (a) a proposed merger, acquisition, or business combination in which that company is not or will not ultimately be the survivor, (b) a tender offer, exchange offer, other transaction involving or proposing to involve the acquisition of a majority of that company's common stock or assets, or (c) a reclassification, recapitalization, subdivision, spin-off, split-up, or combination of its common stock; provided PROVIDED that if eight or more of the Index Companies are excluded pursuant to this Section, then, unless Old Kent and Grand Premier Merchants agree otherwise, Old Kent and Grand Premier Merchants shall agree upon mutually acceptable substitute Index Companies. If a company is excluded from the list of Index Companies, then the Initial Index Price and the Final Index Price shall be calculated as if the excluded company had not originally been included in the list of companies.