Adjustment of Settlement Rate Clause Samples
The Adjustment of Settlement Rate clause defines how and when the rate at which payments or deliveries are settled under a contract may be modified. Typically, this clause applies to financial instruments or derivative contracts, where the settlement rate might need to be recalculated due to market disruptions, regulatory changes, or specific triggering events. By establishing clear procedures for adjusting the settlement rate, the clause ensures fairness and predictability for both parties, helping to manage risk and prevent disputes arising from unforeseen changes in settlement conditions.
Adjustment of Settlement Rate. (a) Adjustments for Dividends, Distributions, Stock Splits, Etc.
(1) In case the Company shall pay or make a dividend or other distribution on Common Stock in Common Stock, the Settlement Rate, as in effect at the opening of business on the day following the date fixed for the determination of shareholders entitled to receive such dividend or other distribution shall be increased by dividing such Settlement Rate by a fraction of which:
(i) the numerator shall be the number of shares of Common Stock outstanding at the close of business on the date fixed for such determination; and
(ii) the denominator shall be the sum of such number of shares and the total number of shares constituting such dividend or other distribution, such increase to become effective immediately after the opening of business on the day following the date fixed for such determination. For the purposes of this paragraph (1), the number of shares of Common Stock at any time outstanding shall not include shares held in the treasury of the Company but shall include any shares issuable in respect of any scrip certificates issued in lieu of fractions of shares of Common Stock. The Company shall not pay any dividend or make any distribution on shares of Common Stock held in the treasury of the Company.
(2) In case the Company shall issue rights, warrants or options to all holders of its Common Stock that are not available on an equivalent basis to Holders of the Securities upon settlement of the Purchase Contracts underlying such Securities entitling such holders of the Common Stock, for a period expiring within 45 days after the record date for the determination of shareholders entitled to receive such rights, warrants or options, to subscribe for or purchase shares of Common Stock at a price per share less than the Current Market Price per share of Common Stock on the date fixed for the determination of shareholders entitled to receive such rights, warrants or options (other than pursuant to a dividend reinvestment plan), the Settlement Rate in effect at the opening of business on the day following the date fixed for such determination shall be increased by dividing such Settlement Rate by a fraction of which:
(i) the numerator shall be the number of shares of Common Stock outstanding at the close of business on the date fixed for such determination plus the number of shares of Common Stock which the aggregate of the offering price of the total number of shares of Common Stock so offered for...
Adjustment of Settlement Rate. (a) Adjustments for Dividends, Distributions, Stock Splits, Etc.
Adjustment of Settlement Rate. 44 SECTION 5.05 Notice of Adjustments and Certain Other Events.................52 SECTION 5.06 Termination Event; Notice......................................52 SECTION 5.07
Adjustment of Settlement Rate for Dividends, Distributions, Stock Splits, Etc.
Adjustment of Settlement Rate. 27 5.7 Notice of Adjustments and Certain Other Events............................. 32 5.8
Adjustment of Settlement Rate. (a) Adjustments for Dividends, Distributions,
Adjustment of Settlement Rate. 40 Section 5.7. Notice of Adjustments and Certain Other Events . . . . . . . . . . . . . . . . . . . 45 Section 5.8.
Adjustment of Settlement Rate. 35 Section 5.7....
Adjustment of Settlement Rate. The Daily Amount used in determining the Settlement Rate and the number of shares of Common Stock to be delivered upon an Early Settlement will be subject to adjustment, without duplication, under the following circumstances:
(a) Adjustments for Dividends, Distributions, Stock Splits, Etc.
Adjustment of Settlement Rate. The Holders of each Outstanding Unit shall have the rights provided by Section 506 of the Master Unit Agreement and adjustment to the Settlement Rate will be made accordingly.
