Examples of Applicable Hedge Positions in a sentence
For the avoidance of doubt, the parties acknowledge and agree that a Hypothetical Broker Dealer may, at its sole discretion, unwind all or any portion of the Applicable Hedge Positions by way of a block sale or book building process.
Party A will determine the portion of the Applicable Hedge Positions (which may be all or some of the Applicable Hedge Positions) which Party A determines correspond to the relevant Proposed Party B Terminated Number of Shares (the "Corresponding Applicable Hedge Positions").
Any liquidation of all or any portion of the Applicable Hedge Positions shall be by a Hypothetical Broker Dealer acting in good faith and in a commercially reasonable manner.
For the avoidance of doubt, in respect of any Increase Notice, Party A may not (and shall not be obligated to) make any Applicable Hedge Positions Determination in respect of that Increase Notice or give any Supplemental Notice to Party B in respect of an Increase Notice, in each case, if Party A determines that doing so would result in the Remaining Prepayment Amount for the related Supplemental Notice to be less than zero.
Applicable Hedge Positions: means the Initial Hedge Position and any purchase, sale, entry into or maintenance of one or more positions or contracts in the Shares, or securities, options, futures, derivatives or foreign exchange or other instruments or arrangements (howsoever described) that Party A determines a Hypothetical Broker Dealer, acting in its sole discretion, would enter into in order to hedge this Transaction.