Method of Adjustment. Calculation Agent Adjustment; notwithstanding anything in the 2002 Definitions to the contrary, the Calculation Agent may make an adjustment pursuant to Calculation Agent Adjustment to any one or more of the Base Amount, the Forward Price and any other variable relevant to the settlement or payment terms of the Transaction.
Appears in 81 contracts
Samples: Letter Agreement (National Health Investors Inc), Letter Agreement (National Health Investors Inc), Letter Agreement (National Health Investors Inc)
Method of Adjustment. Calculation Agent Adjustment; notwithstanding . Notwithstanding anything in the 2002 Definitions to the contrary, the Calculation Agent may make an adjustment pursuant to Calculation Agent Adjustment to any one or more of the Base Amount, the Forward Price and any other variable relevant to the settlement or payment terms of the Transaction.
Appears in 6 contracts
Samples: Underwriting Agreement (Northwestern Corp), Northwestern Corp, Northwestern Corp
Method of Adjustment. Calculation Agent Adjustment; notwithstanding anything in the 2002 Definitions to the contrary, the Calculation Agent may make an adjustment pursuant to Calculation Agent Adjustment to any one or more of the Base Amount, the Forward Price and any other variable relevant to the settlement or payment terms of the this Transaction.
Appears in 5 contracts
Samples: Nextera Energy Inc, Common Stock (Scana Corp), Piedmont Natural Gas Co Inc
Method of Adjustment. Calculation Agent Adjustment; notwithstanding . Notwithstanding anything in the 2002 Equity Definitions to the contrary, the Calculation Agent may make an adjustment pursuant to Calculation Agent Adjustment to any one or more of the Base AmountShares, the Forward Price and any other variable relevant to the settlement or payment terms of the Transaction.
Appears in 5 contracts
Samples: Underwriting Agreement (Westar Energy Inc /Ks), Westar Energy Inc /Ks, Westar Energy Inc /Ks
Method of Adjustment. Calculation Agent Adjustment; notwithstanding anything in the 2002 Definitions to the contrary, the Calculation Agent may make an adjustment pursuant to Calculation Agent Adjustment to any one or more of the Base Amount, the Forward Price and any other variable relevant to the settlement or payment terms of the Transaction to account for the diluting or concentrative effect of the applicable Potential Adjustment Event on the theoretical value of the Shares or the Transaction.
Appears in 4 contracts
Samples: Letter Agreement (Thermo Fisher Scientific Inc.), Letter Agreement (Thermo Fisher Scientific Inc.), Thermo Fisher Scientific Inc.
Method of Adjustment. Calculation Agent Adjustment; notwithstanding . Notwithstanding anything in the 2002 Equity Definitions to the contrary, for each Transaction, the Calculation Agent may make an adjustment pursuant to Calculation Agent Adjustment to any one or more of the Base AmountShares for such Transaction, the Forward Price for such Transaction and any other variable relevant to the settlement or payment terms of such Transaction to preserve the Transactioneconomic intent of the parties.
Appears in 3 contracts
Samples: SITE Centers Corp., SITE Centers Corp., DDR Corp
Method of Adjustment. Calculation Agent Adjustment; notwithstanding anything in the 2002 Definitions to the contrary, for any Transaction, the Calculation Agent may make an adjustment pursuant to Calculation Agent Adjustment to any one or more of the Base AmountAmount for such Transaction, the Forward Price for such Transaction and any other variable relevant to the settlement or payment terms of the such Transaction.
Appears in 3 contracts
Samples: Letter Agreement (Corporate Office Properties Trust), Portland General Electric Co /Or/, Letter Agreement (Corporate Office Properties Trust)
Method of Adjustment. Calculation Agent Adjustment; notwithstanding anything to the contrary in the 2002 Definitions to Definitions, but without affecting Calculation Agent's obligations contained in Section 1.40 of the contrary2002 Definitions, in effecting any adjustments contemplated by Section 11.2(c) of the 2002 Definitions, the Calculation Agent may make an adjustment pursuant to Calculation Agent Adjustment to any one or more of the Base Amount, the Forward Price and any other variable relevant to the settlement or payment terms of the Transaction.
Appears in 2 contracts
Samples: Medical Properties Trust Inc, Medical Properties Trust Inc
Method of Adjustment. Calculation Agent Adjustment; notwithstanding anything in the 2002 Definitions to the contrary, and means that the Calculation Agent may make an adjustment pursuant to Calculation Agent Adjustment to any one or more of the Base Amount, the Forward Price and any other variable relevant to the settlement or payment terms of the Transaction.
Appears in 2 contracts
Samples: Letter Agreement (Southern Union Co), Southern Union Co
Method of Adjustment. Calculation Agent Adjustment; notwithstanding anything in the 2002 Definitions to the contrary, the Calculation Agent may make an adjustment pursuant to Calculation Agent Adjustment to any one or more of the Base AmountNumber of Shares, the Forward Price and any other variable relevant to the settlement or payment terms of the this Transaction.
Appears in 2 contracts
Samples: American Equity Investment Life Holding Co, American Equity Investment Life Holding Co
Method of Adjustment. Calculation Agent Adjustment; notwithstanding anything in the 2002 Definitions to the contrary, it being agreed that the Calculation Agent may make an adjustment pursuant to Calculation Agent Adjustment in the circumstances described therein to any one or more of the Base Amount, the Forward Price and any other variable relevant to the settlement or payment terms of the Transaction.
Appears in 1 contract
Samples: South Jersey Industries Inc
Method of Adjustment. Calculation Agent Adjustment; notwithstanding , subject to the provisions set forth in clause (b) under “Acceleration Events” below. Notwithstanding anything in the 2002 Definitions to the contrary, the Calculation Agent may make an adjustment pursuant to Calculation Agent Adjustment to any one or more of the Base Amount, the Forward Price and any other variable relevant to the settlement or payment terms of this Transaction to account for the Transactiondiluting or concentrative effect of the applicable Potential Adjustment Event on the theoretical value of the Shares.
Appears in 1 contract
Samples: Letter Agreement (PPL Corp)
Method of Adjustment. Calculation Agent Adjustment; notwithstanding anything in the 2002 Definitions to the contrary, the Calculation Agent may make an adjustment pursuant to Calculation Agent Adjustment to any one or more of the Base Amount, the Forward Price and any other variable relevant to the settlement or payment terms of the TransactionTransaction (provided that no adjustments will be made to account solely for changes in volatility, expected dividends, stock loan rate or liquidity relative to the relevant Share).
Appears in 1 contract