Alternative Obligation definition

Alternative Obligation. The applicable definition of "Alternative Obligation" in subsections 9.3(b)and (d) of the Equity Definitions shall be amended by adding the following at the end of each such subsection: "including any one or more of the Initial Price, Final Price, Relevant Price, Number of Shares, Appreciation Cap, Depreciation Floor, Delivery Adjustment and any other variable relevant to the exercise, settlement or payment terms of each such Transaction. In addition, the Calculation Agent will determine if the change in the volatility of the New Shares (as compared with the Shares) affects the theoretical value of any such Transaction, and if so, shall in a commercially reasonable manner make an adjustment to the Appreciation Cap to reflect such change in theoretical value. Any adjustment made pursuant to this paragraph will be effective as of the date determined by the Calculation Agent on or following the Merger Date.
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Alternative Obligation. The applicable definition of "Alternative Obligation" in subsections 9.3(b)and (d) of the Equity Definitions shall be amended by adding the following at the end of each such subsection: "including any one or more of the Initial Price, Final Price, Relevant Price, Number of Shares, Appreciation Cap, Depreciation Floor, Delivery Adjustment and any other variable relevant to the exercise, settlement or payment terms of each such Transaction. In addition, the Calculation Agent will determine if the change in the volatility of the New Shares (as compared with the Shares) affects the theoretical value of any such Transaction, and if so, shall in a commercially reasonable manner make an adjustment to the Appreciation Cap to reflect such change in theoretical value. Any adjustment made pursuant to this paragraph will be effective as of the date determined by the Calculation Agent on or following the Merger Date. NATIONALIZATION, INSOLVENCY, HEDGING Cancellation and Payment DISRUPTION EVENT, BORROW LOSS OR INCREASE IN BORROW COSTS: Definitions: The definition of "Merger Event" in Section 9.2(a) of the Equity Definitions shall be amended by deleting subsection 9.2(a)(iii) in its entirety and replacing it with the following: Risk ID: N02050816 / Effort ID: 234117 / Global Deal ID: 245459
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Alternative Obligation. In case of a conversion, however, not in case of a Reverse Merger, the Substitute Shares or the Other Consideration in accordance with the exchange ratio as determined shall - with effect as of the Effective Date - take the place of the shares and the issuer of the Substitute Share shall take the place of the issuer of the share. In addition hereto, except as provided otherwise herein, the provisions regarding “Adjustment by Calculation Agent” in accordance with Clause 21 shall apply.
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Examples of Alternative Obligation in a sentence

  • Alternative Obligation; provided that the Calculation Agent will determine if the Merger Event affects the theoretical value of the Transaction and if so JPMorgan in its sole discretion may elect to make adjustments to the Strike Price and any other term necessary to reflect the characteristics (including volatility, dividend practice and policy and liquidity) of the New Shares.

  • Alternative Obligation; provided however, that if Other Consideration consists of any securities (other than New Shares) that are restricted or otherwise not readily saleable by Party A, then Cancellation and Payment shall apply.

  • Alternative Obligation; provided that the Calculation Agent will determine if the Merger Event affects the theoretical value of the Transaction and if so JPMorgan in its reasonable discretion may elect to make adjustments to the Strike Price and any other term necessary to reflect the characteristics (including volatility, dividend practice, borrow cost, policy and liquidity) of the New Shares.

  • Share-for-Share: Alternative Obligation Share-for-Other: Alternative Obligation Share-for-Combined: Alternative Obligation Determining Party: Bear ▇▇▇▇▇▇▇ Modification of Section 12.4(c) of the 2002 Definitions: The provisions of Section 12.4(c) of this Transaction shall be modified by replacing the words “after the later” with the words “on the earlier”.

  • EXTRAORDINARY EVENTS: Share for Share: Alternative Obligation, provided, however, -------- ------- that if the trading volatility of the New Shares differs such that CIBC is unable to maintain a leading position then CIBC shall have the right to terminate the Transaction in accordance with the provisions of Cancellation and Payment.

  • Alternative Obligation; provided that the Calculation Agent will determine if the Merger Event affects the theoretical value of the Transaction and if so JPMorgan in its sole discretion may elect to make adjustments to the Strike Price and any other term necessary to reflect the characteristics (including volatility, dividend practice, borrow cost, and policy and liquidity) of the New Shares.

  • This Agreement shall be governed by and construed in accordance with the laws of the State of Utah, without reference to its choice of law rules.

  • Extraordinary Events: Consequences of Merger Events: Share-for-Share: Alternative Obligation.

  • Additional Transmission Service shall be subject to curtailment or interruption by ISO-NE in accordance with the ISO-NE Tariff or upon determination by the Management Committee that the provision of the Additional Transmission Service would degrade the provision of Firm Transmission Service.

  • Alternative Obligation; provided that if the relevant New Shares are quoted, traded or listed on the London Stock Exchange, the Calculation Agent shall be permitted to make changes to the exercise, settlement, payment or other terms of the Transaction to preserve the fair value of the Transaction to the parties after taking into account changes in currency relevant to the Shares and any changes in the tax position of Credit Suisse as a result of such change in listing.

Related to Alternative Obligation

  • Derivative Obligations means, with respect to any Person, all liabilities of such Person under any Derivative Arrangement (including but not limited to obligations and liabilities arising in connection with or as a result of early or premature termination of a Derivative Arrangement, whether or not occurring as a result of a default thereunder), absolute or contingent, now or hereafter existing or incurred or due or to become due.

  • Service obligation means the contractual obligation undertaken by an individual under section 2705 or section 2707 to provide health care services for a determinable time period at a site designated by the department.

  • Reference Obligation means an obligation used for the purposes of determining the cash settlement value of a credit derivative;

  • Credit Facility Obligations means all principal, interest, fees, expenses, indemnities, costs and other amounts owing to or incurred by the providers of Eligible Credit Facilities.

  • Net Obligation means the amount owed to PJMSettlement and PJM for purchases from the PJM Markets, Transmission Service, (under Tariff, Parts II and III , and other services pursuant to the Agreements, after applying a deduction for amounts owed to a Participant by PJMSettlement as it pertains to monthly market activity and services. Should other markets be formed such that Participants may incur future Obligations in those markets, then the aggregate amount of those Obligations will also be added to the Net Obligation.