Common use of UPSET CONDITION Clause in Contracts

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).

Appears in 1 contract

Sources: Merger Agreement (Merchants Bancorp Inc/De/)

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 38.25 (the "FLOOR OLD ▇▇▇▇ ▇▇▇▇▇"); and (b) The number determined by dividing the Final Old ▇▇▇▇ ▇▇▇▇▇ by $42.9375 45.00 (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 (as defined below) by the Initial Index Price (as defined below).

Appears in 1 contract

Sources: Merger Agreement (Old Kent Financial Corp /Mi/)