Unwind Activities. During each Valuation Period, Bank (or its agent or affiliate) shall purchase Shares with respect to its hedge of the Transaction. The times, prices and quantities at which Bank (or its agent or affiliate) purchases any Shares during any Valuation Period and the manner in which such purchases are effected shall be at Bank’s sole discretion (it being understood that Bank may exercise such discretion after considering whether and in what quantity or manner purchasing Shares would be permitted or appropriate under applicable securities laws). For the avoidance of doubt, the Cash Settlement Payment Date in respect of a Valuation Period may occur prior to, on or later than, as the case may be, the Settlement Date that otherwise would have applied with respect to the Number of Shares for such Valuation Period had Physical Settlement been applicable.
Appears in 5 contracts
Samples: Confirmation (DDR Corp), Confirmation (DDR Corp), Confirmation (DDR Corp)
Unwind Activities. During each Valuation Period, Bank (or its agent or affiliate) shall purchase Shares with respect to its hedge of the Transaction. The times, prices and quantities at which Bank (or its agent or affiliate) purchases any Shares during any Valuation Period and the manner in which such purchases are effected shall be at Bank’s 's sole discretion (it being understood that Bank may exercise such discretion after considering whether and in what quantity or manner purchasing Shares would be permitted or appropriate under applicable securities laws). For the avoidance of doubt, the Cash Settlement Payment Date in respect of a Valuation Period may occur prior to, on or later than, as the case may be, the Settlement Date that otherwise would have applied with respect to the Number of Shares for such Valuation Period had Physical Settlement been applicable.
Appears in 2 contracts
Samples: Confirmation (Associated Estates Realty Corp), Confirmation (Associated Estates Realty Corp)