Premium Payment Date. The Effective Date. Exchange: New York Stock Exchange Related Exchange(s): All Exchanges Expiration Time: The Valuation Time Expiration Date(s): Each Scheduled Trading Day during the period from and including the First Expiration Date and to and including the 39th Scheduled Trading Day following the First Expiration Date shall be an “Expiration Date” for a number of Warrants equal to the Daily Number of Warrants on such date; provided that, notwithstanding anything to the contrary in the Equity Definitions, if any such date is a Disrupted Day, the Calculation Agent may determine that such date is a Disrupted Day in full or a Disrupted Day in part. If the Calculation Agent determines such Disrupted Day is a Disrupted day in full, the Daily Number of Warrants for such day shall be reduced to zero. If the Calculation Agent Determines that such Disrupted Day is a Disrupted Day in part, the Calculation Agent shall make adjustments, if applicable, to the Daily Number of Warrants or shall reduce such Daily Number of Warrants to zero for such date. In either case, the Calculation Agent shall designate a Scheduled Trading Day or a number of Scheduled Trading Days as the Expiration Date(s) for the remaining Daily Number of Warrants or a portion thereof for the originally scheduled Expiration Date; and provided further that if such Expiration Date has not occurred pursuant to this clause as of the eighth Scheduled Trading Day following the last scheduled Expiration Date under this Transaction, the Calculation Agent shall have the right to declare such Scheduled Trading Day to be the final Expiration Date and the Calculation Agent shall determine its good faith estimate of the fair market value for the Shares as of the Valuation Time on that eighth Scheduled Trading Day or on any subsequent Scheduled Trading Day, as the Calculation Agent shall determine using commercially reasonable means. Any Scheduled Trading Day on which, as of the date hereof, the Exchange is scheduled to close prior to its normal close of trading shall be deemed not to be a Scheduled Trading Day; if a closure of the Exchange prior to its normal close of trading on any Scheduled Trading Day is scheduled (i) following the date hereof and (ii) on or prior to the Scheduled Trading Day that is at least one Scheduled Trading Day before such Scheduled Trading Day, then such Scheduled Trading Day shall be deemed to be a Disrupted Day in full. If a closure of the Exchange prior to its normal close of trading on any Scheduled Trading Day is scheduled on such Scheduled Trading Day, such Scheduled Trading Day shall be deemed to be a Disrupted Day in part. First Expiration Date: Monday, December 2, 2019 (or if such day is not a Scheduled Trading Day, the next following Scheduled Trading Day), subject to Market Disruption Event below.
Appears in 2 contracts
Sources: Additional Warrants Confirmation (Hornbeck Offshore Services Inc /La), Base Warrants Confirmation (Hornbeck Offshore Services Inc /La)