Right to Extend. Dealer may postpone or add, in whole or in part, any Valid Day or Valid Days during the Settlement Averaging Period or any other date of valuation, payment or delivery by Dealer, with respect to some or all of the Options hereunder, if Dealer reasonably determines (in the case of clause (ii), based on advice of counsel) that such action is reasonably necessary or appropriate (i) to preserve Dealer’s commercially reasonable hedging or commercially reasonable hedge unwind activity hereunder in light of existing liquidity conditions or (ii) to enable Dealer to effect transactions in Shares in connection with its commercially reasonable hedging, commercially reasonable hedge unwind or settlement activity hereunder in a manner that would, if Dealer were Counterparty or an affiliated purchaser of Counterparty, be in compliance with applicable legal, regulatory or self-regulatory organization requirements, or with related policies and procedures applicable to Dealer.
Appears in 10 contracts
Samples: Base Call Option Transaction (Atlas Air Worldwide Holdings Inc), Call Option Transaction (Atlas Air Worldwide Holdings Inc), Call Option Transaction (Atlas Air Worldwide Holdings Inc)
Right to Extend. Dealer may postpone or add, in whole or in part, any Valid Day or Valid Days during the Settlement Averaging Period or any other date of valuation, payment or delivery by Dealer, with respect to some or all of the Options hereunder, if Dealer reasonably determines (in the case of clause (ii)determines, based on advice of counselcounsel with respect to clause (ii) below only, in its discretion, that such action is reasonably necessary or appropriate (i) to preserve Dealer’s commercially reasonable hedging or commercially reasonable hedge unwind activity hereunder in light of existing liquidity conditions or (ii) to enable Dealer to effect transactions in purchases of Shares in connection with its commercially reasonable hedging, commercially reasonable hedge unwind or settlement activity hereunder in a manner that would, if Dealer were Counterparty or an affiliated purchaser of Counterparty, be in compliance with applicable legal, regulatory or self-regulatory organization requirements, or with related policies and procedures applicable to Dealer.
Appears in 6 contracts
Samples: Base Call Option Transaction (Cepheid), Base Call Option Transaction (Cepheid), Call Option Transaction (Cepheid)
Right to Extend. Dealer may postpone or add, in whole or in part, any Valid Day or Valid Days during the Settlement Averaging Period Expiration Date or any other date of valuation, payment valuation or delivery by Dealer, with respect to some or all of the Options hereunder, relevant Warrants (in which event the Calculation Agent shall make appropriate adjustments to the Daily Number of Warrants with respect to one or more Expiration Dates) if Dealer reasonably determines (determines, in the case of clause (ii)good faith and in its commercially reasonable judgment, based on advice of counsel) that such action extension is reasonably necessary or appropriate (i) to preserve Dealer’s a commercially reasonable hedging or commercially reasonable hedge unwind activity hereunder in light of existing liquidity conditions or (ii) to enable Dealer to effect transactions in with respect to Shares in connection with its a commercially reasonable hedging, commercially reasonable hedge unwind or settlement activity hereunder in a manner that would, if Dealer were Counterparty Issuer or an affiliated purchaser of CounterpartyIssuer, be in compliance with applicable legal, regulatory or self-regulatory organization requirements, or with related policies and procedures applicable to Dealer.
Appears in 4 contracts
Samples: Warrant Agreement (Ironwood Pharmaceuticals Inc), Base Warrants (Ironwood Pharmaceuticals Inc), Warrant Agreement (Ironwood Pharmaceuticals Inc)
Right to Extend. Dealer may postpone or add, in whole or in part, any Valid Day or Valid Days during the Settlement Averaging Period or any other date of valuation, payment or delivery by Dealer, with respect to some or all of the Options hereunder, if Dealer reasonably determines (, in its good faith and reasonable discretion, based on the advice of counsel in the case of the immediately following clause (ii), based on advice of counsel) that such action is reasonably necessary or appropriate to (i) to preserve Dealer’s commercially reasonable hedging or commercially reasonable hedge unwind activity hereunder in light of existing liquidity conditions or (ii) to enable Dealer to effect transactions in purchases of Shares in connection with its commercially reasonable hedging, commercially reasonable hedge unwind or settlement activity hereunder in a manner that would, if Dealer were Counterparty or an affiliated purchaser of Counterparty, be in compliance with applicable legal, regulatory or self-regulatory organization requirements, or with related policies and procedures applicable to Dealer.
Appears in 4 contracts
Samples: Call Option Transaction (Horizon Pharma, Inc.), Call Option Transaction (Horizon Pharma, Inc.), Call Option Transaction (Horizon Pharma, Inc.)
Right to Extend. Dealer may postpone or add, in whole or in part, any Valid Day or Valid Days during the Settlement Averaging Period or any other date of valuation, payment or delivery by Dealer, with respect to some or all of the Options hereunder, if Dealer reasonably determines (and in good faith determines, based on the advice of counsel in the case of the immediately following clause (ii), based on advice of counsel) that such action is reasonably necessary or appropriate (i) to preserve Dealer’s a commercially reasonable hedging or commercially reasonable hedge unwind activity hereunder in light of existing liquidity conditions or (ii) to enable Dealer to effect transactions in with respect to Shares in connection with its a commercially reasonable hedging, commercially reasonable hedge unwind or settlement activity hereunder in a manner that would, if Dealer were Counterparty Issuer or an affiliated purchaser of CounterpartyIssuer, be in compliance with applicable legal, regulatory or self-regulatory organization requirements, or with related policies and procedures applicable to Dealer.
Appears in 4 contracts
Samples: Call Option Transaction (Ironwood Pharmaceuticals Inc), Base Call Option Transaction (Ironwood Pharmaceuticals Inc), Additional Call Option Transaction (Ironwood Pharmaceuticals Inc)
Right to Extend. Dealer may postpone or add, in whole or in part, any Valid Day or Valid Days during the Settlement Averaging Period Expiration Date or any other date of valuation, payment valuation or delivery by Dealer, with respect to some or all of the Options hereunder, relevant Warrants (in which event the Calculation Agent shall make appropriate adjustments to the Daily Number of Warrants with respect to one or more Expiration Dates) if Dealer reasonably determines (determines, in the case of clause (ii)its commercially reasonable judgment, based on advice of counsel) that such action extension is reasonably necessary or appropriate (i) to preserve Dealer’s commercially reasonable hedging or commercially reasonable hedge unwind activity hereunder in light of existing liquidity conditions or (ii) to enable Dealer to effect transactions in Shares in connection with its commercially reasonable hedging, commercially reasonable hedge unwind or settlement activity hereunder in a manner that would, if Dealer were Counterparty Company or an affiliated purchaser of CounterpartyCompany, be in compliance with applicable legal, regulatory or self-regulatory organization requirements, or with related policies and procedures applicable to Dealer.
Appears in 4 contracts
Samples: Warrant Agreement (ServiceNow, Inc.), Warrant Agreement (ServiceNow, Inc.), Warrant Confirmation (ServiceNow, Inc.)
Right to Extend. Dealer may postpone or add, in whole or in part, any Valid Day or Valid Days during the Settlement Averaging Period Expiration Date or any other date of valuation, payment valuation or delivery by Dealer, with respect to some or all of the Options hereunder, relevant Warrants (in which event the Calculation Agent shall make appropriate adjustments to the Daily Number of Warrants with respect to one or more Expiration Dates) if Dealer reasonably determines (determines, in the case of clause (ii)its commercially reasonable judgment, based on advice of counsel) that such action extension is reasonably necessary or appropriate (i) to preserve Dealer’s 's commercially reasonable hedging or commercially reasonable hedge unwind activity hereunder in light of existing liquidity conditions or (ii) to enable Dealer to effect transactions in purchases of Shares in connection with its commercially reasonable hedging, commercially reasonable hedge unwind or settlement activity hereunder in a manner that would, if Dealer were Counterparty Issuer or an affiliated purchaser of CounterpartyIssuer, be in compliance with applicable legal, regulatory or self-regulatory organization requirements, or with related policies and procedures applicable to Dealer.
Appears in 4 contracts
Samples: Warrant Confirmation (Healthways, Inc), Warrant Agreement (Healthways, Inc), Warrant Agreement (Healthways, Inc)
Right to Extend. Dealer may postpone or add, in whole or in part, any Valid Day or Valid Days during the Settlement Averaging Period Expiration Date or any other date of valuation, payment valuation or delivery by Dealer, with respect to some or all of the Options hereunder, relevant Warrants (in which event the Calculation Agent shall make appropriate adjustments to the Daily Number of Warrants with respect to one or more Expiration Dates) if Dealer reasonably determines (determines, in the case of clause (ii)good faith and in its commercially reasonable judgment, based on advice of counsel) that such action extension is reasonably necessary or appropriate (i) to preserve Dealer’s commercially reasonable hedging or commercially reasonable hedge unwind activity hereunder in light of existing liquidity conditions or (ii) to enable Dealer to effect transactions in with respect to Shares in connection with its commercially reasonable hedging, commercially reasonable hedge unwind or settlement activity hereunder in a manner that would, if Dealer were Counterparty Issuer or an affiliated purchaser of CounterpartyIssuer, be in compliance with applicable legal, regulatory or self-regulatory organization requirements, or with related policies and procedures applicable to Dealer.
Appears in 3 contracts
Samples: Warrant Agreement (Wright Medical Group N.V.), Warrant Agreement (Wright Medical Group Inc), Warrant Agreement (Wright Medical Group Inc)
Right to Extend. Dealer may postpone or add, in whole or in part, any Valid Day or Valid Days during the Settlement Averaging Period Expiration Date or any other date of valuation, payment valuation or delivery by Dealer, with respect to some or all of the Options hereunder, relevant Warrants (in which event the Calculation Agent shall make appropriate adjustments to the Daily Number of Warrants with respect to one or more Expiration Dates) if Dealer reasonably determines (determines, in the case of clause (ii)its commercially reasonable judgment, based on advice of counsel) that such action extension is reasonably necessary or appropriate (i) to preserve Dealer’s commercially reasonable hedging or commercially reasonable hedge unwind activity hereunder in light of existing liquidity conditions or (ii) to enable Dealer to effect transactions in purchases of Shares in connection with its commercially reasonable hedging, commercially reasonable hedge unwind or settlement activity hereunder in a manner that would, if Dealer were Counterparty Issuer or an affiliated purchaser of CounterpartyIssuer, be in compliance with applicable legal, regulatory or self-regulatory organization requirements, or with related policies and procedures applicable to Dealer.
Appears in 2 contracts
Samples: Warrant Confirmation (Spectrum Pharmaceuticals Inc), Warrant Agreement (Spectrum Pharmaceuticals Inc)