Common use of Market Disruption Event Clause in Contracts

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)

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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

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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

Samples: Letter Agreement (Molina Healthcare 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: Valuation Time: Scheduled Closing Time.

Appears in 1 contract

Samples: Letter Agreement (Penn Virginia 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 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

Samples: Letter Agreement (Akamai Technologies 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.”

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

Samples: Letter Agreement (Newmont Mining Corp /De/)

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

Samples: Letter Agreement (Molina Healthcare 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 1 contract

Samples: Advanced Energy Industries Inc

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