Updated Pricing Information Clause Samples
Updated Pricing Information. The Offer Document must include an undertaking by the Company that, and an explanation of the way in which, the Company or its Subsidiary will (during the Offer Period and within a reasonable period of an Australian Offeree so requesting) make available to the Australian Offeree the following information:
(a) the Australian dollar equivalent of the current Fair Market Value of Share as at the date of the Australian Offeree’s request; and
(b) the Australian dollar equivalent of the Issue Price, if any, as at the date of the Australian Offeree’s request. For the purposes of this clause 6.3 and as defined in Section 2 of the U.S. Plan, the current Fair Market Value of a Share shall be determined as follows:
(i) in good faith by the Plan Administrator; or
(ii) if the Common Stock is listed on the NASDAQ Global Select Market, the closing sales price for the Common Stock as reported by the NASDAQ Global Select Market for a single trading day; or
(iii) if the Common Stock is listed on the New York Stock Exchange or the American Stock Exchange, the closing sales price for the Common Stock as such price is officially quoted in the composite tape of transactions on such exchange for a single trading day. For methods (ii) and (iii), if there is no such reported price for the Common Stock for the date in question, then such price on the last preceding date for which such price exists shall be determinative of Fair Market Value. Please note that for Australian tax purposes, market value is defined differently, as described in the applicable Offer Document or tax summary.
Updated Pricing Information. The Offer Document must include an undertaking that, and an explanation of the way in which, the Company or its Australian Subsidiary will (during the Offer Period and within a reasonable period of an Australian Offeree so requesting) make available to the Australian Offeree the following information:
(i) the Australian dollar equivalent of the current fair market value of a Share as at the date of the Australian Offeree’s request; and
(ii) if applicable, the Australian dollar equivalent of the purchase price for the Award or the underlying Shares, as applicable, as at the date of the Australian Offeree’s request. For the purposes of this clause 6.3, the current fair market value of a Share shall be taken as the price published as the closing sales price for such Shares on the preceding trading day, as traded on the NASDAQ Global Select Market. Please note that for Australian tax purposes, market value is defined differently, as described in the applicable Offer Document.