Calculation Agent. Dealer, whose judgments, determinations and calculations shall be made in good faith and in a commercially reasonable manner. Following any determination or calculation by the Calculation Agent hereunder, upon a written request by Company, the Calculation Agent shall promptly (but in any event within three Scheduled Trading Days) provide to Company by e-mail to the e-mail address provided by Company in such request a report (in a commonly used file format for the storage and manipulation of financial data) displaying in reasonable detail the basis for such determination or calculation (including any assumptions used in making such determination or calculation), it being understood that the Calculation Agent shall not be obligated to disclose any proprietary models or proprietary information used by it for such determination or calculation.
Appears in 16 contracts
Samples: Letter Agreement (Shutterfly Inc), Letter Agreement (Shutterfly Inc), Letter Agreement (Shutterfly Inc)
Calculation Agent. Dealer, whose judgments, determinations and calculations shall be made in good faith and in a commercially reasonable manner. Following any determination or calculation by the Calculation Agent hereunder, upon a written request by CompanyCounterparty, the Calculation Agent shall promptly (but in any event within three Scheduled Trading Days) will provide to Company Counterparty by e-mail to the e-mail address provided by Company Counterparty in such written request a report (in a commonly used file format for the storage and manipulation of financial data) displaying in reasonable detail the basis for such determination or calculation (including any assumptions used in making such determination or calculation), it being understood that the Calculation Agent shall not be obligated to disclose any proprietary models or proprietary information used by it for such determination or calculation.
Appears in 14 contracts
Samples: Letter Agreement (Gilead Sciences Inc), Letter Agreement (Integra Lifesciences Holdings Corp), Letter Agreement (Integra Lifesciences Holdings Corp)
Calculation Agent. Dealer, whose judgments, determinations and calculations shall be made in good faith and in a commercially reasonable manner. Following any determination or calculation by the Calculation Agent hereunder, upon a written request by Company, the Calculation Agent shall promptly (but in any event within three Scheduled Trading Days) will provide to Company by e-mail to the e-mail address provided by Company in such written request a report (in a commonly used file format for the storage and manipulation of financial data) displaying in reasonable detail the basis for such determination or calculation (including any assumptions used in making such determination or calculation), it being understood that the Calculation Agent shall not be obligated to disclose any proprietary models or proprietary information used by it for such determination or calculation.
Appears in 11 contracts
Samples: Letter Agreement (Integra Lifesciences Holdings Corp), Letter Agreement (Gilead Sciences Inc), Letter Agreement (Gilead Sciences Inc)
Calculation Agent. Dealer, whose judgments, determinations and calculations shall be made in good faith and in a commercially reasonable manner. Following any determination or calculation by the Calculation Agent hereunder, upon a written request by CompanyCounterparty, the Calculation Agent shall promptly (but in any event within three Scheduled Trading Days) provide to Company Counterparty by e-mail to the e-mail address provided by Company Counterparty in such request a report (in a commonly used file format for the storage and manipulation of financial data) displaying in reasonable detail the basis for such determination or calculation (including any assumptions used in making such determination or calculation), it being understood that the Calculation Agent shall not be obligated to disclose any proprietary models or proprietary information used by it for such determination or calculation.
Appears in 7 contracts
Samples: Letter Agreement (Hornbeck Offshore Services Inc /La), Spansion Inc., Spansion Inc.
Calculation Agent. Dealer, whose judgments, determinations and calculations shall be made in good faith and in a commercially reasonable manner. Following any determination or calculation by the Calculation Agent hereunderAgent, upon a written request by Company, the Calculation Agent shall promptly (but in any event within three Scheduled Trading Days) provide to Company by e-mail email to the e-mail email address provided by Company in such request a report (in a commonly used file format for the storage and manipulation of financial data) displaying in reasonable detail the basis for such determination or calculation (including any assumptions used in making such determination or calculation), it being understood that the Calculation Agent shall not be obligated to disclose any proprietary models or proprietary information used by it for such determination or calculation.
Appears in 4 contracts
Samples: Healthways, Inc, Healthways, Inc, Healthways, Inc
Calculation Agent. Dealer, whose judgments, determinations and calculations shall be made in good faith and in a commercially reasonable manner. Following any determination or calculation by the Calculation Agent hereunder, upon a written request by CompanyCounterparty, the Calculation Agent shall promptly (but in any event within three Scheduled Trading Days) provide to Company Counterparty by e-mail to the e-mail address provided by Company Counterparty in such request a report (in a commonly used file format for the storage and manipulation of financial data) displaying in reasonable detail the basis for such determination or calculation (including any assumptions used in making such determination or calculation), it being understood that the Calculation Agent shall not be obligated to disclose any proprietary or confidential models or proprietary information used by it for such determination or calculation.
Appears in 4 contracts
Samples: Horizon Pharma, Inc., Horizon Pharma, Inc., Horizon Pharma, Inc.
Calculation Agent. Dealer, whose judgments, determinations and calculations shall be made in good faith and in a commercially reasonable manner. Following any determination or calculation by the Calculation Agent hereunder, upon a written request by CompanyCounterparty, the Calculation Agent shall promptly (but in any event within three Scheduled Trading Days) provide to Company Counterparty by e-mail to the e-mail address provided by Company Counterparty in such request a report (in a commonly used file format for the storage and manipulation of financial data) displaying in reasonable detail the basis for such determination or calculation (including any assumptions used in making such determination or calculation), it being understood that the Calculation Agent shall not be obligated to disclose any confidential or proprietary models or any confidential or proprietary information used by it for such determination or calculation.
Appears in 4 contracts
Samples: Letter Agreement (Amag Pharmaceuticals Inc.), Letter Agreement (Amag Pharmaceuticals Inc.), Letter Agreement (Amag Pharmaceuticals Inc.)
Calculation Agent. Dealer, whose judgments, determinations and calculations shall be made in good faith and in a commercially reasonable manner. Following any determination or calculation by the Calculation Agent hereunder, upon a written request by Company, the Calculation Agent shall promptly (but in any event within three Scheduled Trading Days) provide to Company by e-mail to the e-mail address provided by Company in such request a report (in a commonly used file format for the storage and manipulation of financial data) displaying in reasonable detail the basis for such determination or calculation (including any assumptions used in making such determination or calculation), it being understood that the Calculation Agent shall not be obligated to disclose any proprietary models or proprietary information used by it for such determination or calculation.
Appears in 4 contracts
Samples: Letter Agreement (Hornbeck Offshore Services Inc /La), Hornbeck Offshore Services Inc /La, Hornbeck Offshore Services Inc /La
Calculation Agent. Dealer, whose judgments, ; provided that all determinations and calculations made by the Calculation Agent shall be made in good faith and in a commercially reasonable manner. Following any determination or calculation by the Calculation Agent hereunder, upon hereunder and a prior written request by Company, the Calculation Agent shall promptly (but in provide Company a written explanation of any event within three Scheduled Trading Days) provide to Company calculation or adjustment made by e-mail to it including, where applicable, a description of the e-mail address provided by Company in such request a report (in a commonly used file format for the storage methodology and manipulation of financial data) displaying in reasonable detail the basis for such determination calculation or calculation (including any assumptions used adjustment in making such determination or calculation)reasonable detail, it being understood that the Calculation Agent shall not be obligated to disclose any proprietary models or proprietary information used by it for such determination or calculation.
Appears in 3 contracts
Samples: Letter Agreement (Tyson Foods Inc), Newell Rubbermaid Inc, Newell Rubbermaid Inc
Calculation Agent. Dealer, whose judgments, determinations and calculations shall be made in good faith and in a commercially reasonable manner. Following any determination or calculation by the Calculation Agent hereunder, upon a written request by CompanyCounterparty, the Calculation Agent shall promptly (but in any event within three Scheduled Trading Days) provide to Company Counterparty by e-mail to the e-e- mail address provided by Company Counterparty in such request a report (in a commonly used file format for the storage and manipulation of financial data) displaying in reasonable detail the basis for such determination or calculation (including any assumptions used in making such determination or calculation), it being understood that the Calculation Agent shall not be obligated to disclose any confidential or proprietary models or any confidential or proprietary information used by it for such determination or calculation.
Appears in 2 contracts
Samples: Letter Agreement (Amag Pharmaceuticals Inc.), Letter Agreement (Amag Pharmaceuticals Inc.)
Calculation Agent. Dealer, whose judgments, determinations and calculations shall be made in good faith and in a commercially reasonable mannermanner (whether or not explicitly so stated in connection with a provision hereof). Following any determination or calculation by the Calculation Agent hereunder, upon a written request by Company, the Calculation Agent shall promptly (but in any event within three Scheduled Trading five Exchange Business Days) provide to Company by e-mail to the e-mail address provided by Company in such request a report (in a commonly used file format for the storage and manipulation of financial data) displaying in reasonable detail the basis for such determination or calculation (including any assumptions used in making such determination or calculation), it being understood that the Calculation Agent shall not be obligated to disclose any proprietary models or proprietary information used by it for such determination or calculation.
Appears in 2 contracts
Samples: Letter Agreement (Spectrum Pharmaceuticals Inc), Letter Agreement (Spectrum Pharmaceuticals Inc)
Calculation Agent. Dealer, whose judgments, determinations and calculations shall be made in good faith and in a commercially reasonable manner. Following any determination or calculation by the Calculation Agent hereunderAgent, upon a written request by CompanyCounterparty, the Calculation Agent shall promptly (but in any event within three Scheduled Trading Days) provide to Company Counterparty by e-mail email to the e-mail email address provided by Company Counterparty in such request a report (in a commonly used file format for the storage and manipulation of financial data) displaying in reasonable detail the basis for such determination or calculation (including any assumptions used in making such determination or calculation), it being understood that the Calculation Agent shall not be obligated to disclose any proprietary models or proprietary information used by it for such determination or calculation.
Appears in 2 contracts
Samples: Healthways, Inc, Healthways, Inc
Calculation Agent. Dealer, whose judgments, . All calculations and determinations and calculations by the Calculation Agent shall be made in good faith and in a commercially reasonable manner. Following any determination or calculation by the Calculation Agent hereunder, upon a written request by Company, the Calculation Agent shall promptly (but in any event within three Scheduled Trading Days) provide to Company by e-mail to the e-mail address provided by Company in such request a written explanation and report (in a commonly used file format for the storage and manipulation of financial data) displaying in commercially reasonable detail the basis for such determination or calculation (including any assumptions quotations, market data or information from internal or external sources, and any assumptions, used in making such determination or calculation), it being understood that the Calculation Agent shall not be obligated to disclose any proprietary or confidential models or proprietary or confidential information used by it for such determination or calculation.
Appears in 1 contract
Samples: CalAmp Corp.
Calculation Agent. Dealer, whose judgments, determinations and calculations shall be made in good faith and in a commercially reasonable manner. Following any determination or calculation by the Calculation Agent hereunder, upon a written request by Company, the Calculation Agent shall promptly (but in any event within three Scheduled Trading Days) provide to Company by e-mail to the e-mail address provided by Company in such request a report (in a commonly used file format for the storage and manipulation of financial data) displaying in reasonable detail the basis for such determination or calculation (including any assumptions used in making such determination or calculation), it being understood that the Calculation Agent shall not be obligated to disclose any proprietary or confidential models or proprietary or confidential information used by it for such determination or calculation.
Appears in 1 contract
Calculation Agent. Dealer, whose judgments, determinations and calculations shall be made in good faith and in a commercially reasonable manner. Following any determination or calculation by the Calculation Agent hereunder, upon a written request by CompanyCounterparty, the Calculation Agent shall promptly (but in any event within three Scheduled Trading Days) provide to Company Counterparty by e-mail to the e-mail address provided by Company Counterparty in such request a report (in a commonly used file format for the storage and manipulation of financial data) displaying in reasonable detail the basis for such determination or calculation (including any assumptions used in making such determination or calculation), it being understood that the Calculation Agent shall not be obligated to disclose any confidential or proprietary models or any confidential or proprietary information used by it for such determination or calculation.
Appears in 1 contract
Samples: Letter Agreement (Yahoo Inc)
Calculation Agent. Dealer, whose judgments, determinations and calculations shall be made in good faith and in a commercially reasonable manner. Following any determination or calculation by the Calculation Agent hereunder, upon hereunder and a prior written request by Company, the Calculation Agent shall promptly (but in provide Company a written explanation of any event within three Scheduled Trading Days) provide to Company calculation or adjustment made by e-mail to it including, where applicable, a description of the e-mail address provided by Company in such request a report (in a commonly used file format for the storage methodology and manipulation of financial data) displaying in reasonable detail the basis for such determination calculation or calculation (including any assumptions used adjustment in making such determination or calculation)reasonable detail, it being understood that the Calculation Agent shall not be obligated to disclose any proprietary models or proprietary information used by it for such determination or calculation.
Appears in 1 contract
Calculation Agent. Dealer, whose judgments, determinations and calculations shall be made in good faith and in a commercially reasonable manner. Following any determination or calculation by the Calculation Agent hereunder, upon a written request by CompanyCounterparty, the Calculation Agent shall promptly (but in any event within three Scheduled Trading Days) provide to Company Counterparty by e-mail to the e-mail address provided by Company Counterparty in such request a report (in a commonly used file format for the storage and manipulation of financial data) displaying in reasonable detail the basis for such determination or calculation (including any assumptions used in making such determination or calculation), it being understood that the Calculation Agent shall not be obligated to disclose any proprietary or confidential models or proprietary or confidential information used by it for such determination or calculation.
Appears in 1 contract
Samples: Electronics for Imaging Inc
Calculation Agent. Dealer, whose judgments, determinations and calculations shall be made in good faith and in a commercially reasonable manner. Following any determination or calculation by the Calculation Agent hereunder, upon a written request by Company, the Calculation Agent shall promptly (but in any event within three Scheduled Trading Days) provide to Company by e-mail to the e-mail address provided by Company in such request a report (in a commonly used file format for the storage and manipulation of financial data) displaying in reasonable detail the basis for such determination or calculation (including any assumptions used in making such determination or calculation), it being understood that the Calculation Agent shall not be obligated to disclose any confidential or proprietary models or any confidential or proprietary information used by it for such determination or calculation.
Appears in 1 contract
Samples: Letter Agreement (Yahoo Inc)