UPSET CONDITION Clause Samples
UPSET CONDITION. If the Upset Condition exists in accordance with Section 2.2 (UPSET PROVISION) during the time period provided for in such Section.
UPSET CONDITION. If the Upset Condition exists in accor- dance with Section 2.2 (UPSET PROVISION).
UPSET CONDITION. If the Final Old ▇▇▇▇ ▇▇▇▇▇ is less than the Upset Price, in accordance with Section 2.2 (UPSET PROVISION).
UPSET CONDITION. An "Upset Condition" shall exist if both of the following conditions then exist:
(a) The Final Old ▇▇▇▇ ▇▇▇▇▇ (defined below) is less than $33.46875 (the "Floor Old ▇▇▇▇ ▇▇▇▇▇"); and
(b) The number determined by dividing the Final Old ▇▇▇▇ ▇▇▇▇▇ by $39.375 (the "Initial Old ▇▇▇▇ ▇▇▇▇▇") is less than the number obtained by subtracting (i) 0.15 from (ii) the quotient obtained by dividing the Final Index Price (defined below) by the Initial Index Price (defined below).
UPSET CONDITION. The "UPSET CONDITION" shall exist if both of the following conditions then exist:
(a) The Final Old ▇▇▇▇ ▇▇▇▇▇ (defined below) is less than $36.4969 (the "FLOOR OLD ▇▇▇▇ ▇▇▇▇▇"); and
(b) The number determined by dividing the Final Old ▇▇▇▇ ▇▇▇▇▇ by $42.9375 (the "INITIAL OLD ▇▇▇▇ ▇▇▇▇▇") is less than the number obtained by subtracting (i) 0.15 from (ii) the quotient obtained by dividing the Final Index Price (defined below) by the Initial Index Price (defined below).
UPSET CONDITION. At the Closing, if the Upset Condition then exists and Acquirer has not elected to cure the Upset Condition as provided above.
UPSET CONDITION. If Shoreline has given notice of termination without resolution pursuant to Section 2.3 (Rights in Upset Condition).