Constructive Sale definition

Constructive Sale means, with respect to any security, a short sale or entering into or acquiring an offsetting derivative contract with respect to such security, entering into or acquiring a futures or forward contract to deliver such security or entering into any other hedging or other derivative transaction that has the effect of materially changing the economic benefits and risks of ownership of such security.

Constructive Sale means a short sale with respect to such security, entering into or acquiring an offsetting derivative contract with respect to such security, entering into or acquiring a futures or forward contract to deliver such security or entering into any other hedging or other derivative transaction that has the effect of materially changing the economic benefits and risks of ownership.

Constructive Sale means, with respect to any security, a short sale with respect to such security, entering into or acquiring an offsetting derivative Contract with respect to such security, entering into or acquiring a futures or forward Contract to deliver such security or entering into any other hedging or other derivative transaction that has the effect of either directly or indirectly materially changing the economic benefits and risks of ownership of any security.

Examples of Constructive Sale in a sentence

• The term “Community Resident” has the meaning set forth in Section V.C. Constructive Sale.

• As a result, the IRS issued Notice 2012-77, Interim Guidance and Request for Comments; Medical Device Excise Tax; Manufacturers Excise Taxes; Constructive Sale Price; Deposit Penalties, on December 5, 2012, which provided temporary relief from the penalty for manufacturers who fail to make timely deposits during the first three quarters of CY 2013 so long as the taxpayer shows a good faith effort to comply.

• Other Limitations and Special Rules: Section 1256, the Straddle Rules, the Short Sale Rules, the Constructive Sale Rules, the Constructive Ownership Rules, and the Wash Sale RulesHedge funds employ various types of investment strategies, often involving rapid investment turnover and entering into investment positions that bear a relationship to one another.

• As used herein, the term "Constructive Sale" shall mean, with respect to any security, a short sale with respect to such security, entering into or acquiring an offsetting derivative contract with respect to such security, entering into or acquiring a futures or forward contract to deliver such security or entering into any other or other derivative transaction that has the effect of materially changing the economic benefits and risks of ownership.

• See Code Section 1259: Constructive Sale Treatment for Appreciated Financial Positions.

More Definitions of Constructive Sale

Constructive Sale means, with respect to any Owned Shares, a short sale with respect to such Owned Shares, entering into or acquiring an offsetting derivative contract with respect to such Owned Shares, entering into or acquiring a future or forward contract to deliver such Owned Shares, or entering into any other hedging or other derivative transaction that has the effect of either directly or indirectly materially changing the economic benefits or risks of ownership of such Owned Shares.

Constructive Sale means with respect to any Common Equivalent Securities: (i) a short sale of such Common Equivalent Securities; or (ii) entering into or acquiring a derivative contract with respect to such Common Equivalent Securities; or (iii) entering into or acquiring a futures or forward contract to deliver such Common Equivalent Securities; or (iv) entering into any hedging or other derivative transaction that has the effect of either directly or indirectly materially changing the economic benefits or risk of owning such Common Equivalent Securities.

Constructive Sale means, with respect to any Subject Shares or Subject Options, a short sale with respect to such Subject Shares or Subject Options, entering into or acquiring an offsetting derivative contract with respect to such Subject Shares or Subject Options, entering into or acquiring a future or forward contract to deliver such Subject Shares or Subject Options, or entering into any other hedging or other derivative transaction that has the effect of either directly or indirectly materially changing the economic benefits or risks of ownership of such Subject Shares or Subject Options.

Constructive Sale means, with respect to any Subject Shares, a short sale with respect to such Subject Shares, entering into or acquiring an offsetting derivative contract with respect to such Subject Shares, entering into or acquiring a future or forward contract to deliver such Subject Shares, or entering into any other hedging or other derivative transaction that has the effect of either directly or indirectly materially changing the economic benefits or risks of ownership of such Subject Shares.

Constructive Sale means a short sale with respect to such security, entering into or acquiring an offsetting derivative contract with respect to such security, entering into or acquiring a futures or forward contract to deliver such security or entering into any transaction that has substantially the same effect as any of the foregoing.

Constructive Sale means, with respect to any Token, a short sale with respect to such Token, entering into or acquiring an offsetting derivative contract with respect to such Token, entering into or acquiring a futures or forward contract to deliver such Token, or entering into any other hedging or other derivative transaction that has the effect of materially changing the economic benefits and risks of ownership. Any purported Transfer effected in violation of this Section 12 shall be null and void and shall have no force or effect and the Company shall not be required (i) to transfer on its books any Tokens that have been sold or otherwise transferred in violation of any of the provisions of the Plan or (ii) to treat as owner of such Tokens any purchaser or other transferee to whom such Tokens shall have been so transferred.

Constructive Sale means a short sale with respect to such security, entering into or acquiring a derivative Contract with respect to such security, entering into or acquiring a futures or forward Contract to deliver such security or entering into any transaction that has substantially the same effect as any of the foregoing. Notwithstanding the restrictions set forth in this Section 3(c), nothing shall prohibit the Shareholder from Transferring the Shares or New Shares, provided that, as a condition to such Transfer, the Person to whom such Shares or New Shares are Transferred (whether by pledge or otherwise) executes an agreement providing that it agrees to be bound by the terms of this Agreement and acknowledges that, notwithstanding any such Transfer, the Shareholder shall continue to retain all voting power with respect to such Shares or New Shares.