Market Disruption Event. Section 6.3(a) of the Equity Definitions is hereby amended by replacing clause (ii) in its entirety with “(ii) an Exchange Disruption, or” and inserting immediately following clause (iii) the phrase “; in each case that the Calculation Agent determines is material.”
Appears in 137 contracts
Samples: Letter Agreement (MARRIOTT VACATIONS WORLDWIDE Corp), Letter Agreement (Wright Medical Group Inc), Letter Agreement (Citrix Systems Inc)
Market Disruption Event. Section 6.3(a6.3(a)(ii) of the Equity Definitions is hereby amended by replacing clause (ii) in its entirety with “(ii) an Exchange Disruption, or” and inserting immediately following clause (iii) the phrase “; in each case that the Calculation Agent determines is material.”” Valuation:
Appears in 22 contracts
Samples: Letter Agreement (Exterran Holdings Inc.), Letter Agreement (Take Two Interactive Software Inc), Letter Agreement (Hornbeck Offshore Services Inc /La)
Market Disruption Event. Section 6.3(a6.3(a)(ii) of the Equity Definitions is hereby amended by replacing clause (ii) in its entirety with “(ii) an Exchange Disruption, or” and inserting immediately following clause (iii) the phrase “; in each case that the Calculation Agent determines is material.”
Appears in 17 contracts
Samples: Letter Agreement (Tower Group, Inc.), Letter Agreement (Navistar International Corp), Letter Agreement (Navistar International Corp)
Market Disruption Event. Section 6.3(a) of the Equity Definitions is hereby amended by replacing clause clauses (ii) and (iii) in its their entirety with “(ii) an Exchange Disruption, or” and inserting immediately following clause (iii) the phrase “an Early Closure or (iv) a Regulatory Disruption; in each case that the Calculation Agent determines is material.”
Appears in 15 contracts
Samples: Letter Agreement (Groupon, Inc.), Letter Agreement (Shutterfly Inc), Letter Agreement (Shutterfly Inc)
Market Disruption Event. Section 6.3(a) of the Equity Definitions is hereby amended by replacing clause clauses (ii) and (iii) in its their entirety with “(ii) an Exchange Disruption, or” and inserting immediately following clause (iii) the phrase “; an Early Closure or (iv) a Regulatory Disruption, in each case case, that the Calculation Agent determines is material.”
Appears in 15 contracts
Samples: Letter Agreement (Ezcorp Inc), Letter Agreement (Ezcorp Inc), Letter Agreement (Ezcorp Inc)
Market Disruption Event. Section 6.3(a) of the Equity Definitions is hereby amended by replacing clause clauses (ii) and (iii) in its their entirety with “(ii) an Exchange Disruption, or” and inserting immediately following clause Disruption or (iii) the phrase “; an Early Closure, in each case case, that the Calculation Agent determines is material.”
Appears in 12 contracts
Samples: Letter Agreement (Electronics for Imaging Inc), Letter Agreement (Atlas Air Worldwide Holdings Inc), Letter Agreement (Atlas Air Worldwide Holdings Inc)
Market Disruption Event. Section 6.3(a) of the Equity Definitions is hereby amended by replacing clause (ii) in its entirety with “(ii) an Exchange Disruption, or” and inserting immediately following clause (iii) the phrase “; in each case that the Calculation Agent determines is material.”” Section 6.3(d) of the Equity Definitions is hereby amended by deleting the remainder of the provision following the words “Scheduled Closing Time” in the fourth line thereof.
Appears in 8 contracts
Samples: Letter Agreement (CalAmp Corp.), Letter Agreement (CalAmp Corp.), Letter Agreement (World Wrestling Entertainmentinc)
Market Disruption Event. Section 6.3(a6.3(a)(ii) of the Equity Definitions is hereby amended by replacing clause (ii) in its entirety with “(ii) an Exchange Disruption, or” and inserting immediately following clause (iii) the phrase “; in each case that the Calculation Agent reasonably determines is material.”” Valuation:
Appears in 7 contracts
Samples: Letter Agreement (Newmont Mining Corp /De/), Letter Agreement (Newmont Mining Corp /De/), Newmont Mining Corp /De/
Market Disruption Event. Section 6.3(a6.3(a)(ii) of the Equity Definitions is hereby amended by replacing clause (ii) in its entirety with “"(ii) an Exchange Disruption, or” " and inserting immediately following clause (iii) the phrase “"; in each case that the Calculation Agent determines is material.”" Valuation:
Appears in 6 contracts
Samples: Letter Agreement (Legg Mason Inc), Legg Mason Inc, Legg Mason Inc
Market Disruption Event. Section 6.3(a6.3(a)(ii) of the Equity Definitions is hereby amended by replacing clause (ii) in its entirety with “(ii) an Exchange Disruption, Disruption or” and inserting immediately following clause (iii) the phrase “; in each case that the Calculation Agent determines is material.”
Appears in 4 contracts
Samples: Letter Agreement (Gilead Sciences Inc), Letter Agreement (Gilead Sciences Inc), Gilead Sciences Inc
Market Disruption Event. Section 6.3(a) of the Equity Definitions is hereby amended by replacing clause (ii) in its entirety with “(ii) an Exchange Disruption, or” and inserting immediately following clause (iii) the phrase “; in each case that the Calculation Agent determines is material.”” Valuation:
Appears in 4 contracts
Samples: Letter Agreement (TTM Technologies Inc), Letter Agreement (TTM Technologies Inc), Letter Agreement (TTM Technologies Inc)
Market Disruption Event. Section 6.3(a) of the Equity Definitions is hereby amended by replacing clause (ii) in its entirety with “"(ii) an Exchange Disruption, or” " and inserting immediately following clause (iii) the phrase “"; in each case that the Calculation Agent determines is material.”"
Appears in 4 contracts
Samples: Healthways, Inc, Healthways, Inc, Healthways, Inc
Market Disruption Event. Section 6.3(a6.3(a)(ii) of the Equity Definitions is hereby amended by replacing clause (ii) in its entirety with “(ii) an Exchange Disruption, or” and inserting immediately following clause (iii) the phrase “; in each case that the Calculation Agent determines determine is material.”
Appears in 4 contracts
Samples: Letter Agreement (Nuvasive Inc), Nuvasive Inc, Nuvasive Inc
Market Disruption Event. Section 6.3(a) of the Equity Definitions is hereby amended by replacing clause (ii) thereof in its entirety with the following: “(ii) an Exchange Disruption, or” and inserting immediately following clause (iii) thereof the phrase following: “; in each case that the Calculation Agent determines is material.”” Relevant Price: VWAP Price
Appears in 4 contracts
Samples: Letter Agreement (Dexcom Inc), TXCO Resources Inc, TXCO Resources Inc
Market Disruption Event. Section 6.3(a) of the Equity Definitions is hereby amended by replacing clause (ii) in its entirety with “(ii) an Exchange Disruption, or” and inserting immediately following clause (iii) the phrase “; in each case that the Calculation Agent reasonably determines is material.”
Appears in 3 contracts
Samples: Letter Agreement (Patrick Industries Inc), Patrick Industries Inc, Patrick Industries Inc
Market Disruption Event. Section 6.3(a6.3(a)(ii) of the Equity Definitions is hereby amended by replacing clause (ii) in its entirety with “(ii) an Exchange Disruption, or,” and inserting immediately following clause (iii) the phrase “or (iv) a Regulatory Disruption; in each case that the Calculation Agent determines is material.”
Appears in 3 contracts
Samples: Wyndham Worldwide Corp, Wyndham Worldwide Corp, Wyndham Worldwide Corp
Market Disruption Event. Section 6.3(a6.3(a)(ii) of the Equity Definitions is hereby amended by replacing clause clauses (ii) and (iii) in its their entirety with “(ii) an Exchange Disruption, or” and inserting immediately following clause (iii) the phrase “an Early Closure or (iv) a Regulatory Disruption; in each case that the Calculation Agent determines is material.”
Appears in 3 contracts
Samples: Letter Agreement (Integra Lifesciences Holdings Corp), Letter Agreement (Integra Lifesciences Holdings Corp), Letter Agreement (Integra Lifesciences Holdings Corp)
Market Disruption Event. Section 6.3(a) of the Equity Definitions is hereby amended by replacing clause (ii) in its entirety with “(ii) an Exchange Disruption, or” and inserting immediately following clause (iii) the phrase “; in each case that the Calculation Agent determines in its commercially reasonable discretion is material.”” Section 6.3(d) of the Equity Definitions is hereby amended by deleting the remainder of the provision following the words “Scheduled Closing Time” in the fourth line thereof.
Appears in 2 contracts
Samples: Perficient Inc, Luminex Corp
Market Disruption Event. Section 6.3(a) of the Equity Definitions is hereby amended by replacing clause (ii) in its entirety with “(ii) an Exchange Disruption, or,” and inserting immediately following clause (iii) the phrase “; in each case that the Calculation Agent determines is materialmaterial or (iv) a Regulatory Disruption.”” Section 6.3(d) of the Equity Definitions is hereby amended by deleting the remainder of the provision following the words “Scheduled Closing Time” in the fourth line thereof.
Appears in 2 contracts
Samples: Liberty Media Corp, Liberty Media Corp
Market Disruption Event. Section 6.3(a) of the Equity Definitions is hereby amended by replacing clause (ii) in its entirety with “(ii) an Exchange Disruption, or” and inserting immediately following clause (iii) the phrase “; in each case case, that the Calculation Agent determines is material.”
Appears in 2 contracts
Samples: Letter Agreement (Varex Imaging Corp), Letter Agreement (Varex Imaging Corp)
Market Disruption Event. Section 6.3(a) of the Equity Definitions is hereby amended by replacing clause (ii) in its entirety with “(ii) an Exchange Disruption, or,” and inserting immediately following clause (iii) the phrase “; in each case that the Calculation Agent determines is materialmaterial or (iv) a Regulatory Disruption.”
Appears in 2 contracts
Samples: Liberty Media Corp, Liberty Media Corp
Market Disruption Event. Section 6.3(a) of the Equity Definitions is hereby amended by replacing clause (ii) in its entirety with “(ii) an Exchange Disruption, or” and inserting immediately following clause (iii) the phrase “; in each case that the Calculation Agent determines in its commercially reasonable discretion is material.”
Appears in 2 contracts
Samples: Letter Agreement (Cracker Barrel Old Country Store, Inc), Perficient Inc
Market Disruption Event. Section 6.3(a) of the Equity Definitions is hereby amended by replacing clause clauses (ii) and (iii) in its their entirety with “(ii) an Exchange Disruption, or” and inserting immediately following clause (iii) the phrase “; an Early Closure, or (iv) a Regulatory Disruption, in each case case, that the Calculation Agent determines in its commercially reasonable discretion is material.”
Appears in 1 contract
Samples: Letter Agreement (Brocade Communications Systems Inc)
Market Disruption Event. Section 6.3(a) of the Equity Definitions is hereby amended by replacing clause (ii) in its entirety with “(ii) an Exchange Disruption, or” and inserting immediately following clause (iii) the phrase “; in each case that the Calculation Agent determines is material.”” {00050290;1} 3 Section 6.3(d) of the Equity Definitions is hereby amended by deleting the remainder of the provision following the words “Scheduled Closing Time” in the fourth line thereof.
Appears in 1 contract
Market Disruption Event. Section 6.3(a6.3(a)(ii) of the Equity Definitions is hereby amended by replacing clause (ii) in its entirety with “(ii) an Exchange Disruption, or” and inserting immediately following clause (iii) the phrase “; in each case that the Calculation Agent determines is material.”” Valuation: Valuation Time: Scheduled Closing Time.
Appears in 1 contract
Market Disruption Event. Section 6.3(a) of the Equity Definitions is hereby amended by replacing clause clauses (ii) and (iii) in its their entirety with “(ii) an Exchange Disruption, or” and inserting immediately following clause (iii) the phrase “; an Early Closure or (iv) a Regulatory Disruption, in each case case, that the Calculation Agent determines in its commercially reasonable discretion is material.”
Appears in 1 contract
Samples: Rovi Corp
Market Disruption Event. Section 6.3(a) of the Equity Definitions is hereby amended by replacing clause clauses (ii) and (iii) in its their entirety with “(ii) an Exchange Disruption, or” and inserting immediately following clause (iii) the phrase “; an Early Closure or (iv) a Regulatory Disruption, in each case case, that the Calculation Agent determines is material.”” Section 6.3(d) of the Equity Definitions is hereby amended by deleting the remainder of the provision following the words “Scheduled Closing Time” in the fourth line thereof.
Appears in 1 contract
Market Disruption Event. Section 6.3(a) of the Equity Definitions is hereby amended by replacing clause (ii) thereof in its entirety with the following: “(ii) an Exchange Disruption, or” and inserting immediately following clause (iii) thereof the phrase following: “; in each case that the Calculation Agent determines is material.”
Appears in 1 contract
Samples: Verenium Corp
Market Disruption Event. Section 6.3(a) of the Equity Definitions is hereby amended by replacing (A) clause (ii) in its entirety with “(ii) an Exchange Disruption, or” and inserting immediately following clause (B) the words “or (iii) the phrase an Early Closure.” therein with “(iii) an Early Closure, or (iv) a Regulatory Disruption; in each case case, that the Calculation Agent determines is material.”
Appears in 1 contract
Samples: Letter Agreement (Q2 Holdings, Inc.)
Market Disruption Event. Section 6.3(a6.3(a)(ii) of the Equity Definitions is hereby amended by replacing clause (ii) in its entirety with “(ii) an Exchange Disruption, or” and inserting immediately following clause (iii) the phrase phrase; “; in each case that the Calculation Agent reasonably determines is material.”” Valuation:
Appears in 1 contract
Market Disruption Event. The first sentence of Section 6.3(a) of the Equity Definitions is hereby amended by replacing clause (ii) in its entirety with “(ii) an Exchange Disruption, or” and inserting immediately following clause (iii) the phrase “; which in each either case that the Calculation Agent reasonably determines is material, at any time on any Scheduled Trading Day during the Valuation Period,” and by adding “, or (iv) a Regulatory Disruption” at the end thereof.”
Appears in 1 contract
Samples: Exelon Corp
Market Disruption Event. Section 6.3(a) of the Equity Definitions is hereby amended by replacing clause (ii) in its entirety with “(ii) an Exchange Disruption, or” and inserting immediately following after clause (iii) the phrase following: “; in each case that the Calculation Agent determines is material.”
Appears in 1 contract
Samples: On Semiconductor Corp
Market Disruption Event. Section 6.3(a) of the Equity Definitions is hereby amended by replacing clause (ii) in its entirety with “(ii) an Exchange Disruption, or” and inserting immediately following clause (iii) the phrase “; in each case that the Calculation Agent determines is material.”” {00050291;1} 3 Section 6.3(d) of the Equity Definitions is hereby amended by deleting the remainder of the provision following the words “Scheduled Closing Time” in the fourth line thereof.
Appears in 1 contract
Market Disruption Event. Section 6.3(a) of the Equity Definitions is hereby amended by replacing clause (ii) in its entirety with “(ii) an Exchange Disruption, or” and inserting immediately following clause (iii) the phrase “; in each case that the Calculation Agent reasonably determines is material.”
Appears in 1 contract
Samples: Advanced Energy Industries Inc