Common use of Other Forward Clause in Contracts

Other Forward. Party A acknowledges that Party B may enter into one or more substantially identical forward transactions for its Shares (including that certain forward transaction entered into on the date hereof) (each, an “Other Forward”) with Citibank, N.A. Party A and Party B agree that if Party B designates a Settlement Date with respect to an Other Forward and for which Cash Settlement or Net Share Settlement is applicable, and the resulting Unwind Period for such Other Forward coincides for any period of time with an Unwind Period for the Transaction (the “Overlap Unwind Period”), Party B shall notify Party A prior to the commencement of such Overlap Unwind Period, and Party A shall only be permitted to purchase Shares to unwind its hedge in respect of the Transaction on every other Exchange Business Day that is not a Suspension Day during such Overlap Unwind Period, commencing on the second day of such Overlap Unwind Period. Acknowledgements: The parties hereto intend for:

Appears in 2 contracts

Samples: PNM Resources Inc, PNM Resources Inc

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Other Forward. Party A acknowledges that Party B may enter into one or more substantially identical forward transactions for its Shares (including that certain forward transaction entered into on the date hereof) (each, an “Other Forward”) with CitibankBank of America, N.A. Party A and Party B agree that if Party B designates a Settlement Date with respect to an Other Forward and for which Cash Settlement or Net Share Settlement is applicable, and the resulting Unwind Period for such Other Forward coincides for any period of time with an Unwind Period for the Transaction (the “Overlap Unwind Period”), Party B shall notify Party A prior to the commencement of such Overlap Unwind Period, and Party A shall only be permitted to purchase Shares to unwind its hedge in respect of the Transaction on every other Exchange Business Day that is not a Suspension Day during such Overlap Unwind Period, commencing on the second first day of such Overlap Unwind Period. Acknowledgements: The parties hereto intend for:

Appears in 2 contracts

Samples: PNM Resources Inc, PNM Resources Inc

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