Stock Borrow Events. After using commercially reasonable efforts (i) Party A (or its affiliate) is unable to hedge Party A’s exposure to the Transaction because of the lack of sufficient Shares being made available for Share borrowing by lenders, or (ii) Party A (or its affiliate) would incur a Stock Loan Fee to borrow Shares to hedge its exposure to the Transaction that is greater than a rate equal to 200 basis points per annum (a “Stock Borrow Event”);
Appears in 4 contracts
Samples: Confirmation (Thermo Fisher Scientific Inc.), Confirmation (Thermo Fisher Scientific Inc.), Confirmation (Thermo Fisher Scientific Inc.)
Stock Borrow Events. After using In its commercially reasonable efforts (i) judgment Party A (or its affiliate) is unable to hedge Party A’s exposure to the Transaction (a “Stock Borrow Event”) because (i) of the lack of sufficient Shares being made available for Share borrowing by lenders, lenders or (ii) Party A (or its affiliate) would incur a Stock Loan Fee to borrow Shares to hedge its exposure to the Transaction that is greater stock loan cost of more than a rate equal to 200 basis points per annum (a the “Stock Borrow EventCost Threshold”);
Appears in 2 contracts
Samples: Underwriting Agreement (Hawaiian Electric Industries Inc), Confirmation (Hawaiian Electric Industries Inc)