Alternative Settlement Amount has the meaning specified in Section 19.1.

Alternative Settlement Amount shall be an amount determined by the Determination Agent, which is equal to the amount "X" calculated using the formula set forth below: X = I + T x A ------- 2 B where I =the Cash Settlement Value of the Warrants determined as described under Section 2.02(d), but calculated with an Index Spot Price determined by the Determination Agent which, subject to approval by the Company (such approval not to be unreasonably withheld), in the reasonable opinion of the Determination Agent, fairly reflects the value of the stocks which comprise the Index on the Cancellation Date; T =U.S. $ , the initial offering price per Warrant; A =the total number of days from but excluding the Cancellation Date for such Warrants to and including the Expiration Date; and B =the total number of days from but excluding the date the Warrants were initially sold to and including the Expiration Date. For purposes of determining "I" in the above formula, in the event that the Determination Agent and the Company are required, but have not, after good faith consultation with each other and within five days following the first day on which such Alternative Settlement Amount may be calculated in accordance with the above formula, agreed upon an Index Spot Price which fairly reflects the value of the stocks which comprise the Index on the Cancellation Date, then the Determination Agent shall promptly nominate a third party, subject to approval by the Company (such approval not to be unreasonably withheld), to determine such figure and calculate the Alternative Settlement Amount in accordance with the above formula. Such party shall act as an independent expert and not as an agent of the Company or the Determination Agent, and its calculation and determination of the Alternative Settlement Amount shall, absent manifest error, be final and binding on the Company, the Warrant Agent, the Determination Agent and the Warrantholders. Any such calculations will be made available to a Warrantholder for inspection at the Warrant Agent's Office. Neither the Company nor such third party shall have any responsibility for good faith errors or omissions in calculating the Alternative Settlement Amount.

Examples of Alternative Settlement Amount in a sentence

Each Warrant entitles the Warrantholder to receive, upon exercise (including automatic exercise), the Cash Settlement Value of such Warrant, except that, under the circumstances described below, such Warrantholder may instead receive the Alternative Settlement Amount for such Warrant or, in certain circumstances following an Extension Event, the Warrants will be deemed to be worthless.
Such payment shall be in the amount equal to the aggregate Cash Settlement Value or Alternative Settlement Amount, as the case may be, of the Warrants evidenced by such Warrant Certificates.
The Determination Agent will have no responsibility for good faith errors or omissions in calculating or disseminating information regarding the Nasdaq 100 Index or any Successor Index, adjustments or calculations by the Determination Agent in order to arrive at a calculation of a stock index comparable to the Nasdaq 100 Index or any Successor Index, the Cash Settlement Value or the Alternative Settlement Amount, as applicable.
Such payment shall be in the amount of the aggregate Cash Settlement Value or Alternative Settlement Amount, as the case may be, in respect of the Warrants evidenced by such Warrant Certificates.
If the Company determines that an Extraordinary Event or an Exercise Limitation Event has occurred and is continuing on the Expiration Date or the Delisting Date, the Cash Settlement Value with respect to the exercised Warrants shall be equal to, and be calculated in the same manner as, an Alternative Settlement Amount (treating the Expiration Date or the Delisting Date, as the case may be, as the date on which the Warrants were canceled), as provided below and in the Warrant Agreement.

More Definitions of Alternative Settlement Amount

Alternative Settlement Amount is the amount calculated using the formula set forth below: Alternative Settlement Amount = Intrinsic Value + (T/2 x A/B) where Intrinsic the Cash Settlement Value of the Value = Warrants determined as described above, but calculated with a Spot Portfolio Value determined by the Determination Agent which, subject to approval by the Company (such approval not to be unreasonably withheld), in the reasonable opinion of the Determination Agent, fairly reflects the value of the Portfolio Securities on the Cancellation Date, Expiration Date, Delisting Date or Early Extended Expiration Date, whichever has given rise to the payment of the Alternative Settlement Amount; T = U.S. $5.25, the maximum initial offering price per Warrant; A = the total number of days from but excluding the Cancellation Date or Delisting Date, whichever has given rise to the payment of the Alternative Settlement Amount for such Warrants, to and including the Expiration Date; and B = the total number of days from, but excluding the date on which sales of the Warrants were initially confirmed, to and including the Expiration Date. Where an Expiration Date or an Early Extended Expiration Date has given rise to the payment of the Alternative Settlement Amount, such Alternative Settlement Amount shall equal the Intrinsic Value.

Alternative Settlement Amount means, if an Alternative Settlement exists prior to the Measurement Date, the total amount payable pursuant to the Alternative Settlement.

Alternative Settlement Amount shall be the fair market value of such Note on the date of such determination by the Issuer, adjusted to account fully for any reasonable expenses and costs of the Issuer and/or its Affiliates of unwinding any underlying and/or related hedging and funding arrangements (including, without limitation, any equity options, equity swaps, or other securities of any type whatsoever hedging the Issuer’s obligations under the Notes), all as determined by the Calculation Agent in good faith and in a commercially reasonable manner.

Alternative Settlement Amount means an amount in USD, subject to a minimum of zero and a maximum of the outstanding principal amount of the Notes, determined by the Calculation Agent, in its sole and absolute discretion, equal to the Additional Cash Redemption Amount (if any) plus:

Alternative Settlement Amount shall be an amount determined by the Determination Agent, which is equal to the amount "X" calculated using the formula set forth below: where I = the Cash Settlement Value of the Warrants determined as described under Section 2.02(d), but subject to the following modifications:

Alternative Settlement Amount is equal to the amount "X" calculated using the formula set forth below: X = I + (T/2 x A/B) where I = the Cash Settlement Value of the Warrants determined as described under Section 2.02(e), but calculated with a Spot Value determined by the Determination Agent which, subject to approval by the Company (such approval not to be unreasonably withheld), in the reasonable opinion of the Determination Agent, fairly reflects the value of the component securities of the Index (the "Underlying Securities") [alternative provision for indices not based on securities] on the Cancellation Date, Expiration Date or Delisting Date, whichever has given rise to the payment of the Alternative Settlement Amount; T = the initial offering price per Warrant; A = the total number of days from but excluding the Cancellation Date, Expiration Date, or Delisting Date, whichever has given rise to the payment of the Alternative Settlement Amount for such Warrants, to and including the Expiration Date; and

Alternative Settlement Amount as the case may be, of the Warrants will be such Substitute Index. The "Substitution Date" shall be the thirtieth calendar day (or, if such day is not a New York Business Day, the next succeeding New York Business Day) following such giving of notice of the Substitution Event.

Alternative Settlement Amount definition

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