Reference to “Fixed”: Sample Clauses

Reference to “Fixed”:. Any references herein to the date on which a consideration is “fixed” shall, where the consideration is originally expressed by reference to a formula which cannot be expressed as an actual cash amount until a later date, be construed as a reference to the first (1st) day on which such actual cash amount can be ascertained. The number of Shares outstanding stated in Section 9.5 and Section 9.6 shall include the public-offer and privately-placed Shares and exclude the treasury stocks which have been purchased but not canceled or transferred by the Company.

Reference to “Fixed”:. Any references herein to the date on which a consideration is “fixed” shall, where the consideration is originally expressed by reference to a formula which cannot be expressed as an actual cash amount until a later date, be construed as a reference to the first day on which such actual cash amount can be ascertained. Where more than one event which gives or may give rise to an adjustment to the Conversion Price occurs within such a short period of time that in the opinion of an Independent Investment Bank, the foregoing provisions would need to be operated subject to some modification in order to give the intended result, such modification shall be made to the operation of the foregoing provisions as may be advised by such Independent Investment Bank to be in its opinion appropriate in order to give such intended result.