Common use of Substitution by Fund and Substitution by Index Clause in Contracts

Substitution by Fund and Substitution by Index. Following the occurrence (as determined by the Calculation Agent) of any Merger Event, Lock- In Event or Insolvency (each as defined below) in respect of the Fund (the "Affected Fund") in relation to which, or the units or shares (as the case may be) of which, a Merger Event, Lock-In Event or Insolvency has occurred, the Calculation Agent shall notify the Issuer and the Programme Agent who shall promptly notify the Holders, and the Calculation Agent may, (a) designate a date, as of which an appropriate alternative investment fund (the "Replacement Fund") managed by the same Management Company as the Management Company of the Affected Fund selected by the Calculation Agent (the units or shares (as the case may be) of which Replacement Fund shall be denominated in such currency as the Calculation Agent may select) shall replace the Affected Fund for the purposes of the Securities and (b) make such adjustment as it determines to be appropriate, if any, to any variable, calculation methodology, valuation, settlement, payment terms or any other terms and conditions in relation to the Securities to account for the replacement of the Affected Fund by the Replacement Fund (provided that, if the Calculation Agent is unable to select a Replacement Fund or upon the occurrence of any Merger Event, Lock-In Event or Insolvency in respect of a Replacement Fund (the "Affected Replacement Fund") the Calculation Agent may select, for the purposes of replacing the Affected Fund or Affected Replacement Fund (as the case may be), a replacement index (the "Replacement Index") that it determines to be appropriate and the Calculation Agent shall notify the Issuer and the Programme Agent, who shall notify the Holders, and the Calculation Agent shall make such adjustment as it determines to be appropriate, if any, to any variable, calculation methodology, valuation, settlement, payment terms or any other terms and conditions in relation to the Securities to account for the replacement of the Affected Fund or Affected Replacement Fund (as the case may be), by the Replacement Index). For the purposes of this Condition 28:

Appears in 9 contracts

Samples: www.borsaitaliana.it, www.borsaitaliana.it, www.borsaitaliana.it

Substitution by Fund and Substitution by Index. Following the occurrence (as az determined by the Calculation Agent) of any Merger Event, Lock- In Event or Insolvency Inzolvency (each as az defined below) in respect rezpect of the Fund (the "Affected Fund") in relation to which, or the units unitz or shares zharez (as az the case caze may be) of which, a Merger Event, Lock-In Event or Insolvency has Inzolvency haz occurred, the Calculation Agent shall zhall notify the Issuer Izzuer, the French Programme Agent and the CREST Programme Agent who shall zhall promptly notify the HoldersHolderz, and the Calculation Agent may, (a) designate dezignate a date, as az of which an appropriate alternative investment inveztment fund (the "Replacement Fund") managed by the same zame Management Company as az the Management Company of the Affected Fund selected zelected by the Calculation Agent (the units unitz or shares zharez (as az the case caze may be) of which Replacement Fund shall zhall be denominated in such xxxx currency as az the Calculation Agent may selectzelect) shall zhall replace the Affected Fund for the purposes purpozez of the Securities Securitiez and (b) make such adjustment as xxxx adjuztment az it determines determinez to be appropriate, if any, to any variable, calculation methodology, valuation, settlementzettlement, payment terms termz or any other terms termz and conditions conditionz in relation to the Securities Securitiez to account for the replacement of the Affected Fund by the Replacement Fund (provided that, if the Calculation Agent is iz unable to select zelect a Replacement Fund or upon the occurrence of any Merger Event, Lock-In Event or Insolvency Inzolvency in respect rezpect of a Replacement Fund (the "Affected Replacement Fund") the Calculation Agent may selectzelect, for the purposes purpozez of replacing the Affected Fund or Affected Replacement Fund (as az the case caze may be), a replacement index (the "Replacement Index") that it determines determinez to be appropriate and the Calculation Agent shall zhall notify the Issuer Izzuer, the French Programme Agent and the CREST Programme Agent, who shall zhall notify the HoldersHolderz, and the Calculation Agent shall zhall make such adjustment as xxxx adjuztment az it determines determinez to be appropriate, if any, to any variable, calculation methodology, valuation, settlementzettlement, payment terms termz or any other terms termz and conditions conditionz in relation to the Securities Securitiez to account for the replacement of the Affected Fund or Affected Replacement Fund (as az the case caze may be), by the Replacement Index). For the purposes purpozez of this thiz Condition 2827:

Appears in 5 contracts

Samples: www.borsaitaliana.it, www.borsaitaliana.it, www.borsaitaliana.it

Substitution by Fund and Substitution by Index. Following the occurrence (as determined by the Calculation Agent) of any Merger Event, Lock- Lock-In Event or Insolvency (each as defined below) in respect of the Fund (the "Affected Fund") in relation to which, or the units or shares (as the case may be) of which, a Merger Event, Lock-In Event or Insolvency has occurred, the Calculation Agent shall notify the Issuer Issuer, the French Programme Agent and the CREST Programme Agent who shall promptly notify the Holders, and the Calculation Agent may, (a) designate a date, as of which an appropriate alternative investment fund (the "Replacement Fund") managed by the same Management Company as the Management Company of the Affected Fund selected by the Calculation Agent (the units or shares (as the case may be) of which Replacement Fund shall be denominated in such currency as the Calculation Agent may select) shall replace the Affected Fund for the purposes of the Securities and (b) make such adjustment as it determines to be appropriate, if any, to any variable, calculation methodology, valuation, settlement, payment terms or any other terms and conditions in relation to the Securities to account for the replacement of the Affected Fund by the Replacement Fund (provided that, if the Calculation Agent is unable to select a Replacement Fund or upon the occurrence of any Merger Event, Lock-In Event or Insolvency in respect of a Replacement Fund (the "Affected Replacement Fund") the Calculation Agent may select, for the purposes of replacing the Affected Fund or Affected Replacement Fund (as the case may be), a replacement index (the "Replacement Index") that it determines to be appropriate and the Calculation Agent shall notify the Issuer Issuer, the French Programme Agent and the CREST Programme Agent, who shall notify the Holders, and the Calculation Agent shall make such adjustment as it determines to be appropriate, if any, to any variable, calculation methodology, valuation, settlement, payment terms or any other terms and conditions in relation to the Securities to account for the replacement of the Affected Fund or Affected Replacement Fund (as the case may be), by the Replacement Index). For the purposes of this Condition 2827:

Appears in 3 contracts

Samples: www.borsaitaliana.it, www.borsaitaliana.it, www.borsaitaliana.it