VWAP Price. On any Trading Day the per Share volume-weighted average price as displayed on Bloomberg (or any successor service) page TRAK <equity> AQR (or its equivalent successor page) in respect of the period from 9:30 a.m. to 4:00 p.m., New York City time, on such Trading Day; or, if such price is not available, the VWAP Price means the market value per Share on such Trading Day, as determined by the Calculation Agent. The VWAP Price will be determined without regard to after hours trading or any other trading outside of the regular trading session trading hours.
VWAP Price. From and after the Effective Date, the text opposite the caption “VWAP Price” in Section 2 of the Confirmation shall be revised by deleting “Bloomberg page ‘NUVA.Q <Equity> AQR’” and replacing it with “Bloomberg page ‘GMED.N <Equity> AQR’”.
VWAP Price. For any day, the per Share volume-weighted average price as displayed under the heading “Bloomberg VWAP” on Bloomberg page IPG <equity> VAP (or any successor thereto) in respect of the period from 9:30 a.m. to 4:00 p.m. (New York City time) on such day (or if such volume-weighted average price is unavailable, the market value of one Share on such day, as determined by the Calculation Agent).
VWAP Price. On any Trading Day, the per Share volume-weighted average price as displayed on Bloomberg page (or its equivalent successor if such page is not available) “TER <equity> AQR” in respect of the period from the scheduled open of trading until the scheduled close of trading of the primary trading session on such Trading Day (or if such volume-weighted average price is unavailable at such time, the market value of one Share on such Trading Day, as reasonably determined by the Calculation Agent using a volume-weighted method). For the avoidance of doubt, the VWAP Price will be determined without regard to after-hours trading or any other trading outside of the regular trading session hours.
VWAP Price. For any Exchange Business Day, as determined by the Calculation Agent based on the 10b-18 Volume Weighted Average Price per Share for the regular trading session (including any extensions thereof) of the Exchange on such Exchange Business Day (without regard to pre-open or after hours trading outside of such regular trading session for such Exchange Business Day), as published by Bloomberg at 4:15 p.m. New York time (or 15 minutes following the end of any extension of the regular trading session) on such Exchange Business Day, on Bloomberg page "LM.N <Equity> AQR_SEC" (or any successor thereto), absent manifest error, or if such price is not so reported on such Exchange Business Day for any reason, as reasonably determined by the Calculation Agent. For purposes of calculating the VWAP Price, the Calculation Agent will include only those trades that are reported during the period of time during which Counterparty could purchase its own shares under Rule 10b-18(b)(2) and are effected pursuant to the conditions of Rule 10b-18(b)(3), each under the Exchange Act (as defined herein).
VWAP Price. On any Averaging Date, the “Volume Weighted Average Price” per Share on such day, as displayed on Bloomberg Page “AQR” (or any successor thereto) for the Issuer with respect to the period from 9:30 a.m. to 4:00 p.m. (New York City time) on such day, as determined by the Calculation Agent. Net Premium (which for purposes of the Definitions will be the Premium): $69,880,000; subject to adjustment pursuant to the Notice of Adjustment set forth on Annex II hereto. ISSUER CALL SPREAD Premium Payment Date: July 27, 2005 Exchange: American Stock Exchange Clearance System: DTC Calculation Agent: Party A. Upon becoming or being made aware of an error, the Calculation Agent shall promptly correct such error (but the Calculation Agent shall not be liable for any amounts other than the actual costs of such error). Procedure for Exercise: Expiration Time: The close of trading on the Exchange Expiration Date: July 23, 2007 Automatic Exercise: Applicable Settlement Terms:
VWAP Price. For any Exchange Business Day, the per-Share volume weighted average price based on transactions executed in the United States as displayed on Bloomberg page “BKR US <equity> AQR SEC” (or any successor thereto) in respect of the period from the scheduled open of trading on the Exchange until the Scheduled Closing Time on such Exchange Business Day or, in the event such price is not so reported on such Exchange Business Day for any reason or is manifestly erroneous, as determined by the Calculation Agent based on such transactions reported to the consolidated tape.
VWAP Price. For any Valuation Date, the volume-weighted average price per Share at which the Shares trade on the Exchange on such day, excluding trades (i) that do not settle regular way, (ii) opening trades (regular way) reported in the consolidated system, (iii) trades effected during the 10 minutes before the scheduled close of trading on the Exchange and 10 minutes before the scheduled close of the primary trading session in the market where the trade is effected and (iv) trades on such day that do not satisfy the requirements of Rule 10b-18(b)(3) under the Exchange Act, as determined by the Calculation Agent by reference to Bloomberg Page “AQR SEC” (or any successor thereto) for the Issuer.
VWAP Price. On any day, the “Volume Weighted Average Price” per Share on such day, as displayed on Bloomberg Page “AQR” (or any successor thereto) for the Issuer with respect to the period from 9:30 a.m. to 4:00 p.m. (New York City time) on such day, as determined by the Calculation Agent. Settlement Terms: Physical Settlement: Applicable
VWAP Price. For any Exchange Business Day, the Rule 10b-18 dollar volume weighted average price per Share for such Exchange Business Day based on transactions executed during such Exchange Business Day, as reported on Bloomberg Page “ATPG<Equity>AQR SEC” (or any successor thereto) or, in the event such price is not so reported on such Exchange Business Day for any reason or is, in the reasonable determination of the Calculation Agent, erroneous, as reasonably determined by the Calculation Agent.
