Derivative Liability definition

Derivative Liability means, on any date and in respect of any Derivative Instrument between any member of the Group, any Borrowing Group Member and any creditor, the amount (if any) payable by that member of the Group or Borrowing Group Member to that creditor on termination of that Derivative Instrument on that date (or which would have been payable by that member of the Group or Borrowing Group Member to that creditor had that Derivative Instrument been terminated on that date) (where the amount shall be the “marked-to-market” value of that contract or instrument and shall take into account the operation of any netting provisions contained within that instrument or contract or master agreement including the netting of one or more Derivative Instruments between the same creditor and member of the Group or Borrowing Group Member under the same master agreement). EMTN means a Euro medium term note programme for the Company in an amount of €1,800,000,000 as described in an offering circular dated 5th October, 2001. Enforcement Action in respect of an Affected Facility means any of the following actions:
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Derivative Liability means a liability of an institution under resolution arising from the close-out of a derivative contract or a netting set;
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Derivative Liability means the liabilities that reside on Guarantor’s balance sheet at fair value until they are either converted to stock or they expire relating to any convertible debenture or warrant instruments issued by any Borrower or Guarantor that are convertible or exercisable into common stock at the investor’s option and at a predetermined price; it being acknowledged that that the Financial Accounting Standards Board issued Financial Accounting Statement No. 133 which defines the term “derivative instrument” and prescribes its accounting treatment.
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Examples of Derivative Liability in a sentence

  • Refer to Note 8 – Earnout Derivative Liability for information about the earnout derivative liability related to the Gexpro Services Holdback Shares.

  • G.1.c, if the Corporation pays in cash no later than close of the business day after the Notice Date, time being of the essence, the full amount of Dividends and Embedded Derivative Liability due as of the Notice Date, no further amount will be due with respect to Dividends and Embedded Derivative Liability for the shares in the Conversion Notice.

  • Prior to the Dividend Maturity Date, the Corporation may redeem Series A Preferred Stock by paying Holder an amount per share (the “Early Redemption Price”) equal to the sum of the following: (a) 100% of the Face Value, plus (b) the Embedded Derivative Liability, minus (c) any Dividends that have been paid, with respect to the shares redeemed.

  • Refer to Note 8 – Earnout Derivative Liability and Note 3 – Business Acquisitions, respectively, within Item 8.

  • The adjusted Dividend Rate used for calculation of the Liquidation Value, Embedded Derivative Liability, Early Redemption Price or Dividend, as applicable, will be determined based upon the volume weighted average price of the Common Stock for the applicable Measuring Period, not to exceed the average of the individual daily volume weighted average prices for any five Trading Days (which may be non-consecutive) during such period, selected by Holder in its sole and absolute discretion.

  • Prior to redemption pursuant to Section I.F.1 hereof, the Corporation will have the right, at the Corporation’s option, to redeem all or a portion of the shares of Series A Preferred Stock at any time or times after the Issuance Date of such Series A Preferred Stock, at a price per share (the “Early Redemption Price”) equal to the sum of the following: (a) the Corporation Redemption Price, plus (b) the Embedded Derivative Liability, less (c) any Dividends that have been paid.

  • Dividends and any Embedded Derivative Liability are payable at the Corporation’s election, (a) in cash, or (b) in registered and free trading shares of Common Stock registered pursuant to a current and effective registration statement on file with the U.S. Securities & Exchange Commission, valued at 81.0% of the following: the Closing Price of the Common Stock on the date of delivery, not to exceed the Closing Price on any Trading Day during the Equity Conditions Measuring Period.

  • F.1 hereof, the Corporation will have the right, at the Corporation’s option, to redeem all or a portion of the shares of Series B Preferred Stock at any time or times after the Issuance Date of such Series B Preferred Stock, at a price per share (the “Early Redemption Price”) equal to the sum of the following: (a) the Corporation Redemption Price, plus (b) the Embedded Derivative Liability on the date of the applicable redemption or conversion, less (c) any Dividends that have been paid.

  • Dividends and any Embedded Derivative Liability are payable at the Corporation’s election, (a) in cash, or (b) in free trading shares of Common Stock registered pursuant to a current and effective registration statement on file with the U.S. Securities & Exchange Commission, valued at 81.0% of the following: the VWAP of the Common Stock for the Equity Conditions Measuring Period, not to exceed the Closing Price on any Trading Day during the Equity Conditions Measuring Period.

  • Each Conversion Notice will set forth the number of shares of Series A Preferred Stock being converted, the minimum number of Conversion Shares and the amount of Dividends and any applicable Embedded Derivative Liability due as of the date of the Conversion Notice (the “Notice Date”), and the calculation thereof.

Related to Derivative Liability

  • Hovercraft Liability This policy does not cover "hovercraft liability".

  • Net Liability as used herein is defined as the Company's gross liability remaining after cessions, if any, to other pro rata reinsurers.

  • Product Liability Claim means a Claim of a Third Party (other than a Claim arising out of use of the Product in a clinical trial) that (i) arises as a result of the use of the Product during the Term that results in personal injury or death or (ii) is in anticipation of or intended to prevent or forestall personal injury or death as a result of the use of the Product during the Term.

  • Product Liability means any liability, claim or expense, including but not limited to attorneys’ fees and medical expenses, arising in whole or in part out of a breach of any express or implied product warranty by the Company, strict liability in tort, negligent manufacture of product, negligent provision of services, product recall, or any other allegation of liability arising from the design, testing, manufacture, packaging, labeling (including instructions for use), or sale of products.

  • Excluded Hedge Liability or Liabilities means, with respect to each Borrower and Guarantor, each of its Swap Obligations if, and only to the extent that, all or any portion of this Agreement or any Other Document that relates to such Swap Obligation is or becomes illegal under the CEA, or any rule, regulation or order of the CFTC, solely by virtue of such Borrower’s and/or Guarantor’s failure to qualify as an Eligible Contract Participant on the Eligibility Date for such Swap. Notwithstanding anything to the contrary contained in the foregoing or in any other provision of this Agreement or any Other Document, the foregoing is subject to the following provisos: (a) if a Swap Obligation arises under a master agreement governing more than one Swap, this definition shall apply only to the portion of such Swap Obligation that is attributable to Swaps for which such guaranty or security interest is or becomes illegal under the CEA, or any rule, regulations or order of the CFTC, solely as a result of the failure by such Borrower or Guarantor for any reason to qualify as an Eligible Contract Participant on the Eligibility Date for such Swap; (b) if a guarantee of a Swap Obligation would cause such obligation to be an Excluded Hedge Liability but the grant of a security interest would not cause such obligation to be an Excluded Hedge Liability, such Swap Obligation shall constitute an Excluded Hedge Liability for purposes of the guaranty but not for purposes of the grant of the security interest; and (c) if there is more than one Borrower or Guarantor executing this Agreement or the Other Documents and a Swap Obligation would be an Excluded Hedge Liability with respect to one or more of such Persons, but not all of them, the definition of Excluded Hedge Liability or Liabilities with respect to each such Person shall only be deemed applicable to (i) the particular Swap Obligations that constitute Excluded Hedge Liabilities with respect to such Person, and (ii) the particular Person with respect to which such Swap Obligations constitute Excluded Hedge Liabilities.