Examples of Collar Confirmation in a sentence
Secured Party shall, subject to Section 5(f)(v) of this Pledge Agreement return Used Shares to the Collateral Account on the applicable Settlement Date or Cash Settlement Payment Date (each as defined in the Collar Confirmation) for the Affected Component to which such Used Shares have been allocated in accordance with Section 5(f)(ii) of this Pledge Agreement.
Each of Components 2 through 6 under the Collar Confirmation shall be terminated in the order indicated in Exhibit A hereto pursuant to the methodology set forth in Section 1.02(b) below (each such termination, a “Component Unwind”).
The parties hereby agree that, subject to Section 7.01 hereof, while any of the Collar Transactions are outstanding, BofA shall not exercise any rights it may have under the terms of the Collar Confirmation as a result of the consummation of the Merger Transactions pursuant to any of an Insider Acquisition Event, a Liberty Induced Float Reduction Event or a Liberty Control Event (each, as defined in the Collar Confirmation).
The definition of “Modified Cancellation and Payment” in Section 2 of the Collar Confirmation is amended by deleting the second paragraph thereof.
Section 3 of the Collar Confirmation shall be amended by replacing the phrase “Market Quotation” with the word “Loss”.
In the event Pledgor permits Secured Party to take by rehypothecation Shares then held in the Collateral Account pursuant to the provisions under the heading “Increased Cost of Stock Borrow” in the Collar Confirmation, Secured Party shall rehypothecate a number of Shares (any Shares so rehypothecated, “ Used Shares ”) in an amount equal to the lesser of (x) the number of Affected Shares (as defined in the Collar Transaction Documents) and (y) the number of Shares then held in the Collateral Account.
In the event Pledgor permits Secured Party to take by rehypothecation Shares then held in the Collateral Account pursuant to the provisions under the heading “Increased Cost of Stock Borrow” in the Collar Confirmation, Secured Party shall rehypothecate a number of Shares (any Shares so rehypothecated, “Used Shares”) in an amount equal to the lesser of (x) the number of Affected Shares (as defined in the Collar Transaction Documents) and (y) the number of Shares then held in the Collateral Account.
For the avoidance of doubt, Component 1 shall not be subject to any Component Unwind and the “Valuation” and “Settlement Terms” provisions of Section 2 of the Collar Confirmation shall not apply to any Component Unwind hereunder.
At any time and from time to time, Used Shares shall be allocated to Components (each Component to which Used Shares have been allocated, an “Affected Component”) in increasing order of maturity until the aggregate of the Number of Shares (as defined in the Collar Confirmation) in respect of Affected Components is equal to or greater than the aggregate number of Used Shares at such time.
For avoidance of doubt, nothing in this Agreement shall imply or be construed as an agreement, acceptance or acknowledgment by New DTV or Greenlady II that the Merger Transactions constitute or result in an Insider Acquisition Event, a Liberty Induced Float Reduction Event or a Liberty Control Event (each, as defined in the Collar Confirmation).