Adjustments. For the avoidance of doubt, whenever the Calculation Agent or Determining Party is called upon to make an adjustment pursuant to the terms of this Confirmation or the Equity Definitions to take into account the effect of an event, the Calculation Agent or Determining Party shall make such adjustment by reference to the effect of such event on the Hedging Party, assuming that the Hedging Party maintains a commercially reasonable hedge position.
Appears in 69 contracts
Samples: Letter Agreement (Air Transport Services Group, Inc.), Letter Agreement (Integra Lifesciences Holdings Corp), Letter Agreement (Integra Lifesciences Holdings Corp)
Adjustments. For the avoidance of doubt, whenever the Calculation Agent or Determining Party is called upon to make an adjustment pursuant to the terms of this Confirmation or the Equity Definitions to take into account the effect of an eventevent (other than an adjustment to be made by reference to the Indenture), the Calculation Agent or Determining Party shall make such adjustment by reference to the effect of such event on the Hedging Partya dealer, assuming that the Hedging Party such dealer maintains a commercially reasonable hedge position.
Appears in 52 contracts
Samples: Letter Agreement (Wayfair Inc.), Letter Agreement (Invacare Corp), Letter Agreement (Wayfair Inc.)
Adjustments. For the avoidance of doubt, whenever the Calculation Agent or Determining Party is called upon to make an adjustment pursuant to the terms of this Confirmation or the Equity Definitions to take into account the effect of an event, the Calculation Agent or Determining Party shall make such adjustment by reference to the effect of such event on the Hedging Party, assuming that the Hedging Party maintains a commercially reasonable hedge position.
Appears in 17 contracts
Samples: Letter Agreement (Qiagen Nv), Letter Agreement (Red Hat Inc), Letter Agreement (Qiagen Nv)
Adjustments. For the avoidance of doubt, whenever the Calculation Agent Agent, the Hedging Party or the Determining Party is called upon to make an adjustment pursuant to the terms of this Master Confirmation, any Supplemental Confirmation or the Equity Definitions to take into account the effect of an event, the Calculation Agent Agent, the Hedging Party or the Determining Party Party, as applicable, shall make such adjustment by reference to the effect of such event on the Hedging Party, assuming that the Hedging Party maintains a commercially reasonable hedge positionposition at the time of the event.
Appears in 11 contracts
Samples: Equity Distribution Agreement (Welltower Inc.), Equity Distribution Agreement (Agree Realty Corp), Equity Distribution Agreement (Black Hills Corp /Sd/)
Adjustments. For the avoidance of doubt, whenever the Calculation Agent or Determining Party is called upon to make an adjustment pursuant to the terms of this Confirmation or the Equity Definitions to take into account the effect of an eventevent (other than an adjustment to be made by reference to the Indenture), the Calculation Agent or Determining Party shall make such adjustment in good faith and in a commercially reasonable manner and by reference to the effect of such event on the Hedging Partya dealer, assuming that the Hedging Party such dealer maintains a commercially reasonable hedge position.
Appears in 7 contracts
Samples: Letter Agreement (Varex Imaging Corp), Letter Agreement (Varex Imaging Corp), Letter Agreement (Pegasystems Inc)
Adjustments. For the avoidance of doubt, whenever the Calculation Agent or the Determining Party is called upon to make an adjustment or determine an amount pursuant to the terms of this Confirmation or the Equity Definitions to take into account the effect of an event, the Calculation Agent or the Determining Party Party, as the case may be, shall make such adjustment or determine such amount, as the case may be, by reference to the effect of such event on the Hedging Party, assuming that the Hedging Party maintains a commercially reasonable hedge position.
Appears in 7 contracts
Samples: Perficient Inc, Luminex Corp, Hubspot Inc
Adjustments. For the avoidance of doubt, whenever the Calculation Agent or Determining Party is called upon to make an adjustment pursuant to the terms of this Confirmation or the Equity Definitions to take into account the effect of an eventevent (other than on adjustments made by reference to the Indenture), the Calculation Agent or Determining Party shall make such adjustment in a commercially reasonable manner by reference to the effect of such event on the Hedging Party, assuming that the Hedging Party maintains a commercially reasonable hedge position.
Appears in 7 contracts
Samples: Brookdale Senior Living Inc., Coupa Software Inc, Coupa Software Inc
Adjustments. For the avoidance of doubt, whenever the Calculation Agent Agent, Dealer, Hedging Party or Determining Party is called upon to make an adjustment pursuant to the terms of this Confirmation or the Equity Definitions to take into account the effect of an event, the Calculation Agent Agent, Dealer, Hedging Party or Determining Party Party, as applicable, shall make such adjustment by reference to the effect of such event on the Hedging Party, assuming that the Hedging Party maintains a commercially reasonable hedge positionposition at the time of the event.
Appears in 6 contracts
Samples: Letter Agreement (CalAmp Corp.), Letter Agreement (AOL Inc.), Letter Agreement (CalAmp Corp.)
Adjustments. For the avoidance of doubt, whenever the Calculation Agent or Determining Party is called upon to make an adjustment or determination pursuant to the terms of this Confirmation or the Equity Definitions to take into account the effect of an eventevent (other than an adjustment or determination to be made by reference to the Indenture), the Calculation Agent or Determining Party shall make such adjustment or determination in a commercially reasonable manner and by reference to the effect of such event on the Hedging Partya dealer, assuming that the Hedging Party such dealer maintains a commercially reasonable hedge position.
Appears in 6 contracts
Samples: Letter Agreement (Invacare Corp), Letter Agreement (Invacare Corp), Letter Agreement (Invacare Corp)
Adjustments. For the avoidance of doubt, whenever the Calculation Agent or Determining Party is called upon to make an adjustment pursuant to the terms of this Amended and Restated Confirmation or the Equity Definitions to take into account the effect of an event, the Calculation Agent or Determining Party shall make such adjustment by reference to the effect of such event on the Hedging Party, assuming that the Hedging Party maintains a commercially reasonable hedge position.
Appears in 4 contracts
Samples: Liberty Media Corp, Liberty Media Corp, Liberty Media Corp
Adjustments. For the avoidance of doubt, whenever the Calculation Agent or Determining Party is called upon to make an adjustment pursuant to the terms of this Confirmation or the Equity Definitions to take into account the effect of an event, the Calculation Agent or Determining Party shall make such adjustment by reference to the effect of such event on the Hedging Party, assuming that the Hedging Party maintains a commercially reasonable hedge position.
Appears in 4 contracts
Samples: Oneok Inc /New/, Kaman Corp, Chicos Fas Inc
Adjustments. For the avoidance of doubt, whenever the Calculation Agent or Determining Party or Dealer is called upon to make an adjustment pursuant to the terms of this Confirmation or the Equity Definitions to take into account the effect of an event, the Calculation Agent or Determining Party shall make such adjustment by reference to the effect of such event on the Hedging Party, assuming that the Hedging Party maintains a commercially reasonable hedge position.
Appears in 4 contracts
Samples: Ironwood Pharmaceuticals Inc, Ironwood Pharmaceuticals Inc, Ironwood Pharmaceuticals Inc
Adjustments. For the avoidance of doubt, whenever the Calculation Agent or Determining Party is called upon to make an adjustment pursuant to the terms of this Confirmation or the Equity Definitions to take into account the effect of an event, the Calculation Agent or Determining Party shall make such adjustment by reference to the effect of such event on the Hedging Party, assuming that the Hedging Party maintains a commercially reasonable hedge position, and taking into account the requirements under “Calculation Agent” above.
Appears in 4 contracts
Samples: Purchase Agreement (Supernus Pharmaceuticals Inc), Purchase Agreement (Supernus Pharmaceuticals Inc), Supernus Pharmaceuticals Inc
Adjustments. For the avoidance of doubt, whenever the Calculation Agent or Agent, the Determining Party or Dealer is called upon to make an adjustment or determine an amount pursuant to the terms of this Confirmation or the Equity Definitions to take into account the effect of an event, the Calculation Agent or Agent, the Determining Party or Dealer, as the case may be, shall make such adjustment or determine such amount, as the case may be, by reference to the effect of such event on the Hedging Party, assuming that the Hedging Party maintains a commercially reasonable hedge position.
Appears in 3 contracts
Samples: On Semiconductor Corp, On Semiconductor Corp, Mitek Systems Inc
Adjustments. For the avoidance of doubt, whenever the Calculation Agent or Determining Party is called upon to make an adjustment pursuant to the terms of this Confirmation or the Equity Definitions to take into account the effect of an event, the Calculation Agent or Determining Party shall make such adjustment by reference to the effect (including the effect of any taxes) of such event on the Hedging Party, assuming that the Hedging Party maintains a commercially reasonable hedge position.
Appears in 3 contracts
Samples: Maxeon Solar Technologies, Ltd., Sunpower Corp, Sunpower Corp
Adjustments. For the avoidance of doubt, whenever the Calculation Agent Agent, the Hedging Party or the Determining Party is called upon to make an adjustment pursuant to the terms of this Confirmation or the Equity Definitions to take into account the effect of an event, the Calculation Agent Agent, the Hedging Party or the Determining Party Party, as applicable, shall make such adjustment by reference to the effect of such event on the Hedging Party, assuming that the Hedging Party maintains a commercially reasonable hedge positionposition at the time of the event.
Appears in 2 contracts
Adjustments. For the avoidance of doubt, whenever the Calculation Agent Agent, Dealer, Hedging Party or Determining Party is called upon to make an adjustment (other than adjustments made by reference to the Indenture) pursuant to the terms of this Confirmation or the Equity Definitions to take into account the effect of an event, the Calculation Agent Agent, Dealer, Hedging Party or Determining Party Party, as applicable, shall make such adjustment by reference to the effect of such event on the Hedging Party, assuming that the Hedging Party maintains a commercially reasonable hedge positionposition at the time of the event.
Appears in 2 contracts
Samples: Letter Agreement (AOL Inc.), Letter Agreement (AOL Inc.)
Adjustments. For the avoidance of doubt, whenever the Calculation Agent or Determining Party is called upon to make an adjustment pursuant to the terms of this Confirmation or the Equity Definitions to take into account the effect of an event, the Calculation Agent or Determining Party shall make such adjustment in good faith and in a commercially reasonable manner and by reference to the effect of such event on the Hedging Partya dealer, assuming that the Hedging Party such dealer maintains a commercially reasonable hedge position.
Appears in 2 contracts
Samples: Letter Agreement (Varex Imaging Corp), Letter Agreement (Varex Imaging Corp)
Adjustments. For the avoidance of doubt, whenever the Calculation Agent or Determining Party is called upon to make an adjustment pursuant to the terms of this Confirmation or the Equity Definitions to take into account the effect of an eventevent by reference to the effect of such event on the Hedging Party, other than an adjustment that corresponds to an adjustment required to be made pursuant to the terms of the Indenture, the Calculation Agent or Determining Party shall make such adjustment by reference to the effect of such event on the Hedging Party, assuming that the Hedging Party maintains a commercially reasonable hedge position.
Appears in 1 contract
Samples: Rovi Corp
Adjustments. For the avoidance of doubt, whenever the Calculation Agent or Determining Party is called upon to make an adjustment pursuant to the terms of this Confirmation or the Equity Definitions to take into account the effect of an eventevent by reference to the effect of such event on the Hedging Party, other than an adjustment that corresponds to an adjustment pursuant to the terms of the Indenture, the Calculation Agent or Determining Party shall make such adjustment by reference to the effect of such event on the Hedging Party, assuming that the Hedging Party maintains a commercially reasonable hedge position.
Appears in 1 contract
Samples: Brocade Communications Systems Inc
Adjustments. For the avoidance of doubt, whenever the Calculation Agent or Determining Party is called upon to make an adjustment pursuant to the terms of this Confirmation or the Equity Definitions to take into account the effect of an event, the Calculation Agent or Determining Party shall make such adjustment by reference to the effect of such event on the Hedging Party, assuming that the Hedging Party maintains a commercially reasonable hedge position.take
Appears in 1 contract
Samples: Healthways, Inc
Adjustments. For the avoidance of doubt, whenever the Calculation Agent or Determining Party is called upon to make an adjustment pursuant to the terms of this Confirmation or the Equity Definitions to take into account the effect of an event, event by reference to the effect of such event on the Hedging Party the Calculation Agent or Determining Party shall make such adjustment by reference to the effect of such event on the Hedging Party, assuming that the Hedging Party maintains a commercially reasonable hedge position.
Appears in 1 contract
Samples: Rovi Corp
Adjustments. For the avoidance of doubt, whenever the Calculation Agent or Determining Party is called upon to make an any calculation, determination or adjustment pursuant to the terms of this Confirmation or the Equity Definitions to take into account the effect of an event, the Calculation Agent or Determining Party shall make such calculation, determination or adjustment by reference to the effect of such event on the Hedging Party, assuming that the Hedging Party maintains a commercially reasonable hedge position.
Appears in 1 contract
Samples: Dynavax Technologies Corp
Adjustments. For the avoidance of doubt, whenever the Calculation Agent or Determining Party is called upon to make an adjustment pursuant to the terms of this Confirmation or the Equity Definitions to take into account the effect of an event, the Calculation Agent or Determining Party shall make such adjustment by reference to the effect of such event on the Hedging Party, assuming that the Hedging Party maintains a commercially reasonable hedge position. 10 Insert for Base Warrant Confirmation. 11 Insert for Additional Warrant Confirmation.
Appears in 1 contract
Adjustments. For the avoidance of doubt, whenever the Calculation Agent or Determining Party is called upon to make an adjustment pursuant to the terms of this Confirmation or the Equity Definitions to take into account the effect of an event, the Calculation Agent or Determining Party shall make such adjustment by reference to the effect of such event on the Hedging Party, assuming that the Hedging Party maintains a commercially reasonable hedge position. 10 Inserted in the Base Warrant Confirmation. 11 Inserted in the Additional Warrant Confirmation.
Appears in 1 contract
Samples: Letter Agreement (Brocade Communications Systems Inc)
Adjustments. For the avoidance of doubt, whenever the Calculation Agent or Determining Party is called upon to make an adjustment pursuant to the terms of this Confirmation or the Equity Definitions to take into account the effect of an event, the Calculation Agent or Determining Party shall make such adjustment by reference to the effect of such event on the Hedging Party, assuming that the Hedging Party maintains a commercially reasonable hedge position.. OR
Appears in 1 contract
Samples: lawteract.com.ng
Adjustments. For the avoidance of doubt, whenever the Calculation Agent or Determining Party is called upon to make an adjustment pursuant to the terms of this Confirmation or the Equity Definitions to take into account the effect of an event, the Calculation Agent or Determining Party 9 Insert for Base Warrant Confirmation. 10 Insert for Additional Warrant Confirmation. shall make such adjustment by reference to the effect of such event on the Hedging Party, assuming that the Hedging Party maintains a commercially reasonable hedge position.
Appears in 1 contract
Samples: Letter Agreement (Uniti Group Inc.)