Adjusted Applicable Market Value means (i) prior to any adjustment of the Settlement Rate pursuant to paragraph (1), (2), (3), (4), (5), (6), (7) or (10) of Section 5.04(a) of the Purchase Contract Agreement, the Applicable Market Value, and (ii) at the time of and after any adjustment of the Settlement Rate pursuant to paragraph (1), (2), (3), (4), (5), (6), (7) or (10) of Section 5.04(a) of the Purchase Contract Agreement, the Applicable Market Value multiplied by a fraction, the numerator of which shall be the Settlement Rate immediately after such adjustment pursuant to paragraph (1), (2), (3), (4), (5), (6), (7) or (10) of Section 5.04(a) of the Purchase Contract Agreement and the denominator of which shall be the Settlement Rate immediately prior to such adjustment; provided, however, that if such adjustment to the Settlement Rate is required to be made pursuant to the occurrence of any of the events contemplated by paragraph (1), (2), (3), (4), (5), (6), (7) or (10) of Section 5.04(a) of the Purchase Contract Agreement during the period taken into consideration for determining the Applicable Market Value, appropriate and customary adjustments shall be made to the Settlement Rate. The "CLOSING PRICE" per share of Common Stock on any date of determination means:
Adjusted Applicable Market Value has the meaning set forth in Section 5.01(a).
Adjusted Applicable Market Value means (i) prior to any adjustment of the Settlement Rate pursuant to paragraph (i), (ii), (iii), (iv), (v), (vi), (vii) or (x) of Section 5.04(a) of the Purchase Contract Agreement, the Applicable Market Value, and (ii) at the time of and after any adjustment of the Settlement Rate pursuant to paragraph (i), (ii), (iii), (iv), (v), (vi), (vii) or (x) of Section 5.04(a) of the Purchase Contract Agreement, the Applicable Market Value multiplied by a fraction, the numerator of which shall be the Settlement Rate immediately after such adjustment pursuant to paragraph (i), (ii), (iii), (iv), (v), (vi), (vii) or (x) of Section 5.04(a) of the Purchase Contract Agreement and the denominator of which shall be the Settlement Rate immediately prior to such adjustment; provided, however, that if such adjustment to the Settlement Rate is required to be made pursuant to the occurrence of any of the events contemplated by paragraph (i), (ii), (iii), (iv), (v), (vi), (vii) or (x) of Section 5.04(a) of the Purchase Contract Agreement during the period taken into consideration for determining the Applicable Market Value, appropriate and customary adjustments shall be made to the Settlement Rate. The "Closing Price" per share of Common Stock on any date of determination means:
Examples of Adjusted Applicable Market Value in a sentence
The actual amount of Exchange Property receivable upon settlement of each Purchase Contract shall be (1) in the case of settlement on the Purchase Contract Settlement Date or pursuant to Section 5.04(b)(2), a variable amount based upon the applicable Settlement Rate and the Adjusted Applicable Market Value of the Exchange Property at such time and (2) in the case of any Early Settlement, determined using the Early Settlement Rate at the time of Early Settlement.
Notwithstanding anything to the contrary in this Supplemental Agreement, all references in the Purchase Contract Agreement to the “Common Stock” of the Company that relate to a time prior to the Initial Effective Time (as defined in the First Supplement), including any computation of the Adjusted Applicable Market Value pursuant to Section 5.01 of the Purchase Contract Agreement, shall be deemed to refer to the Common Stock of Albertson’s at such time.
More Definitions of Adjusted Applicable Market Value
Adjusted Applicable Market Value means (i) prior to any adjustment of the Settlement Rate pursuant to paragraph (1), (2), (3), (4), (5), (6), (7) or (10) of Section 5.04(a), the Applicable Market Value, and (ii) at the time of and after any adjustment of the Settlement Rate pursuant to paragraph (1), (2), (3), (4), (5), (6), (7) or (10) of Section 5.04(a), the Applicable Market Value multiplied by a fraction of which the numerator shall be the Settlement Rate immediately after such adjustment pursuant to paragraph (1), (2), (3), (4), (5), (6), (7) or (10) of Section 5.04(a) and the denominator shall be the Settlement Rate immediately prior to such adjustment; provided, however, that if such adjustment to the Settlement Rate is required to be made pursuant to the occurrence of any of the events contemplated by paragraph (1), (2), (3), (4), (5), (6), (7) or (10) of Section 5.04(a) during the period taken into consideration for determining the Applicable Market Value, appropriate and customary adjustments shall be made to the Settlement Rate. The "CLOSING PRICE" per share of Common Stock on any date of determination means:
Adjusted Applicable Market Value has the meaning specified in Section 5.01(a).
Adjusted Applicable Market Value means (i) prior to any adjustment of the Settlement Rate pursuant to paragraph (1), (2), (3), (4), (5), (6), (7) or (10) of Section 5.04(a), the Applicable Market Value, and (ii) at the time of and after any adjustment of the Settlement Rate pursuant to paragraph (1), (2), (3), (4), (5), (6), (7) or (10) of
Adjusted Applicable Market Value means the product of the applicable market value and the anti-dilution factor in effect on the relevant settlement date; provided, however, that if an adjustment to the anti-dilution factor is required to be made pursuant to the occurrence of certain events during the period taken into consideration for determining the applicable market value, appropriate and customary adjustments shall be made to the anti-dilution factor. The “applicable market value” means the average of the closing prices per share of our common stock over the 20 consecutive trading day period ending on the third trading day immediately preceding the purchase contract settlement date. The “anti-dilution factor” is a cumulative factor that reflects the aggregate adjustments, if any, made to the low and minimum settlement rates. The anti-dilution factor is
Adjusted Applicable Market Value has the meaning set forth in Section 5.1. Affiliate of any specified Person means any other Person directly or indirectly controlling or controlled by or under direct or indirect common control with such specified Person. For the purposes of this definition, control when used with respect to any specified Person means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; and the terms controlling and controlled have meanings correlative to the foregoing. Agreement means this instrument as originally executed or as it may from time to time be supplemented or amended by one or more agreements supplemental hereto entered into pursuant to the applicable provisions hereof.
Adjusted Applicable Market Value means (i) prior to any adjustment pursuant to paragraph (i), (ii), (iii), (iv), (v), (vi), (vii) or (x) of Section 5.04(a) of the Stock Purchase Contract Agreement, the Applicable Market Value, and (ii) at the time of and after any adjustment of each Fixed Settlement Rate pursuant to paragraph (i), (ii), (iii), (iv), (v), (vi), (vii) or (x) of Section 5.04(a) of the Stock Purchase Contract Agreement, the Applicable Market Value multiplied by the Adjustment Factor.
Adjusted Applicable Market Value means the product of (x) the Applicable Market Value multiplied by (y) the Anti-Dilution Factor in effect on the relevant Settlement Date; provided, however, that if an adjustment to the Anti-Dilution Factor is required to be made pursuant to Section 5.04 during the period taken into consideration for determining the Applicable Market Value, appropriate and customary adjustments shall be made to the Anti-Dilution Factor.