Exchange Market Value means the Closing Price on the Trading Day following the date a holder of ZONES delivers an exchange notice to the Trustee, unless more than 500,000 ZONES have been delivered for exchange on such date. If more than 500,000 ZONES have been delivered for exchange, then the Exchange Market Value shall be the average Closing Price on the five Trading Days following such date. If more than 500,000 ZONES are delivered for exchange on any one day, the Company shall give notice of that fact by issuing a press release prior to 9:00 a.m. New York City time on the next Trading Day, by providing notice to DTC for dissemination through the DTC broadcast facility and by providing notice to the Trustee. The Company's failure to provide these notices, however, will not affect the determination of Exchange Market Value as described above.
Exchange Market Value means, for each Reference Share attributable to the Debentures at the date of determination, (a) in the case of a Notice of Exchange delivered to the Exchange Agent prior to March 14, 2002, the Closing Price for such Reference Share on the twentieth Trading Day following the Exchange Date (unless more than $1,000,000 aggregate Original Principal Amount of Debentures have been validly tendered for exchange on such date, in which case Exchange Market Value shall mean the average of the Closing Prices for such Reference Share over the five Trading Day period ending on the twentieth Trading Day immediately following the Exchange Date); and (b) in the case of a Notice of Exchange delivered to the Exchange Agent on or after March 14, 2002, the Closing Price for such Reference Share on the Trading Day following the Exchange Date (unless more than $1,000,000 aggregate Original Principal Amount of Debentures have been validly tendered for exchange on such date, in which case the Exchange Market Value shall mean the average of the Closing Prices for such Reference Share over the five Trading Day period immediately following the Exchange Date). The aggregate Exchange Market Value of the Reference Shares attributable to any Debenture for which a Notice of Exchange is delivered to the Trustee shall equal the sum of the Exchange Market Values of the Reference Shares attributable to such Debenture.
Exchange Market Value means the closing price (as defined below) on the trading day (as defined below) following the date of delivery of an exchange notice to the trustee, unless more than 500,000 ZONES have been delivered for exchange on that date. If more than 500,000 ZONES have been delivered for exchange, then the exchange market value shall be the average closing price on the five trading days following that date.
Examples of Exchange Market Value in a sentence
Such payment or delivery will be made as promptly as practicable, but in any event within ten Trading Days after the date of determination of the Exchange Market Value.
Following the Exchange Date for an exchange of Debentures, all rights of the Holder with respect to such Debentures shall cease, except for the right of such Holder to receive 100% of the Exchange Market Value of the Reference Shares attributable to such Debentures.
The Early Exchange Ratio at any time shall be equal to: (i) 95% of the then Exchange Market Value of the Reference Shares attributable to each PHONES or (ii) during a deferral of Basic Interest or, if the Company so elects, during the pendency of any tender or exchange offer for any of the Reference Shares, 100% of the then Exchange Market Value of the Reference Shares attributable to each PHONES.
When the Exchange Market Value has been determined, the Company shall deliver an Officers' Certificate to the Trustee setting forth the exact amount to be paid or the amount of Reference Shares to be delivered to the tendering Holder and shall deposit such amount with the Exchange Agent (except that if the Company elects to deliver Reference Shares in certificated form, the Company shall act as its own Paying Agent as to such shares).
Exchange Option Holders of the ZONES may at any time exchange a ZONES for an amount of cash equal to 95% (the "Early Exchange Ratio") of the Exchange Market Value of the Reference Shares attributable to one ZONES.
More Definitions of Exchange Market Value
Exchange Market Value means the Closing Price (as defined below) on the Trading Day following the date a Holder of PHONES delivers an Exchange Notice to the Trustee (an "Exchange Date"); provided, however, if Exchange Notices relating to more than 200,000 PHONES have been delivered on any Exchange Date, then the Exchange Market Value shall be the average Closing Price on the five (5) Trading Days following such Exchange Date. If Exchange Notices relating to more than 200,000 PHONES are delivered on any Exchange Date, the Trustee shall notify the Company of such fact by 6:00 p.m., New York City time, on the Exchange Date, and the Company shall give notice of such fact by issuing a press release prior to 9:00 a.m., New York City time, on the next Trading Day, which shall be provided to DTC for dissemination through the DTC broadcast facility and to the Trustee. The Company's failure to provide this
Exchange Market Value means the Closing Price (as defined below) on the Trading Day (as defined below) following the date you deliver an exchange notice to the Trustee, unless more than 1,000,000 PHONES have been delivered for exchange on such date. If more than 1,000,000 PHONES have been delivered for exchange, then the exchange market value shall be the average Closing Price on the five Trading Days following such date. If more than 1,000,000 PHONES are delivered for exchange on any one day, we will give notice of that fact by issuing a press release prior to 9:00 a.m. New York City time on the next Trading Day, by providing notice to DTC for dissemination through the DTC broadcast facility and by providing notice to the Trustee. Our failure to provide these notices, however, will not affect the determination of exchange market value as described above.
Exchange Market Value means the Closing Price on the Trading Day following the date a Holder of PRIZES delivers an Exchange Notice to the Trustee (an "Exchange Date"); provided, however, if Exchange Notices relating to more than 500,000 PRIZES have been delivered on any Exchange Date, then the Exchange Market Value shall be the average Closing Price on the five (5) Trading Days following such Exchange Date. If Exchange Notices relating to more than 500,000 PRIZES are delivered on any Exchange Date, the Trustee shall notify the Company of such fact by 6:00 p.m. New York City time on the Exchange Date, and the Company shall give notice of such fact by issuing a press release prior to 9:00 a.m. New York City time on the next Trading Day, to be provided to DTC for dissemination through the DTC broadcast facility and by providing such notice to the Trustee. If the PRIZES are held through DTC, the Holder of each PRIZES may exercise such Holder's Exchange Right through the relevant direct participant in DTC through the DTC ATOP system by delivering an agent's message and delivering the PRIZES of such Holder to the Trustee's DTC participant account. If the PRIZES are held in certificated form, the Holder may exercise such Exchange Right as follows: the Holder shall (i) complete and manually sign an Exchange Notice in the form available from the Trustee and deliver such Exchange Notice to the Trustee at the office maintained by the Trustee for such purpose, (ii) surrender such PRIZES to the Trustee, (iii) if required, furnish appropriate endorsement and transfer documents, and (iv) if required, pay all transfer or similar taxes. By 12:00 noon New York City time on each Business Day following receipt by the Trustee of notification from DTC that DTC has received an agent's message from a DTC participant electing to exercise such participant's Exchange Right and delivery of such PRIZES into the Trustee's DTC participant account or following receipt of a complete manually signed Exchange Notice and receipt of the related PRIZES from the Holder, the Trustee shall notify the Company of the amount of such PRIZES so tendered. The Company shall deliver an Officers' Certificate to the Trustee no later than one (1) Business Day after the Trading Day following the Exchange Date; provided however, if Exchange Notices relating to more than 500,000 PRIZES have been delivered on any Exchange Date, the Company shall deliver such Officers' Certificate no later than one (1) Business Day after the fifth (5...
Exchange Market Value as defined in the Indenture.
Exchange Market Value means the Closing Price (as defined below) on the Trading Day following the date a Holder of PHONES delivers an Exchange Notice to the Trustee (an "Exchange Date"); provided, however, if Exchange Notices relating to more than 200,000 PHONES have been delivered on any Exchange Date, then the Exchange Market Value shall be the average Closing Price on the five (5) Trading Days following such Exchange Date. If Exchange Notices relating to more than 200,000 PHONES are delivered on any Exchange Date, the Trustee shall notify the Company of such fact by 6:00 p.m., New York City time, on the Exchange Date, and the Company shall give notice of such fact by issuing a press release prior to 9:00 a.m., New York City time, on the next Trading Day, which shall be provided to DTC for dissemination through the DTC broadcast facility and to the Trustee. The Company's failure to provide this notice, however, shall not affect the determination of Exchange Market Value as described above. If the PHONES are held through DTC, the Holder of each PHONES may exercise such Holder's Exchange Right through the relevant direct participant in DTC through the DTC ATOP system by delivering an agent's message and delivering the PHONES of such Holder to the Trustee's DTC participant account. If the PHONES are held in certificated form, the Holder may exercise such Exchange Right as follows: the Holder shall (i) complete and manually sign an Exchange Notice in the form available from the Trustee and deliver such Exchange Notice to the Trustee at the office maintained by the Trustee for such purpose, (ii) surrender such PHONES to the Trustee, (iii) if required, furnish appropriate endorsement and transfer documents, and (iv) if required, pay all transfer or similar taxes. By 12:00 noon, New York City time, on each Business Day following receipt by the Trustee of notification from DTC that DTC has received an agent's message from a DTC participant electing to exercise such participant's Exchange Right and delivery of such PHONES into the Trustee's DTC participant account or following receipt of a complete manually signed Exchange Notice and receipt of the related PHONES from the Holder, the Trustee shall notify the Company of the amount of such PHONES so tendered. The Company shall deliver an Officers' Certificate to the Trustee no later than one (1) Business Day after the Trading Day following the Exchange Date; provided however, if Exchange Notices relating to more than 200,000 PHONES have...
Exchange Market Value for Securities as of any Exchange Date means the average of the daily Volume Weighted Average Price for the Reference Shares during the 10 consecutive Trading Days beginning on the Trading Day following the Exchange Date times the number of Reference Shares the Holder would be entitled to receive upon an exchange of such Securities on such Exchange Date.
Exchange Market Value means the Closing Price (as defined below) on the Trading Day (as defined below) following the date you deliver an exchange notice to the Trustee, unless more than 1,000,000 PHONES have been delivered for exchange on such date. If more than 1,000,000 PHONES have been delivered for exchange, then the exchange market value shall be the average Closing Price on the five Trading Days following such date.