Early Settlement Upon a Fundamental Change definition

Early Settlement Upon a Fundamental Change. The following table sets forth the “fundamental change early settlement rate” (as defined in the Units Preliminary Prospectus Supplement) per Purchase Contract for each stock price and effective date set forth below: Effective Date Stock Price August 5, 2014 July 15, 2015 July 15, 2016 July 15, 2017 $10.00 1.1949 1.2377 1.2805 1.3228 $15.00 1.2300 1.2628 1.2935 1.3228 $20.00 1.2338 1.2678 1.2990 1.3228 $25.00 1.2165 1.2534 1.2946 1.3228 $30.00 1.1880 1.2231 1.2711 1.3228 $35.00 1.1567 1.1855 1.2278 1.3228 $37.80 1.1401 1.1645 1.1992 1.3228 $40.00 1.1281 1.1490 1.1767 1.2500 $42.50 1.1155 1.1327 1.1526 1.1765 $45.00 1.1044 1.1181 1.1311 1.1111 $47.25 1.0955 1.1066 1.1145 1.0582 $49.00 1.0893 1.0987 1.1034 1.0582 $52.00 1.0800 1.0871 1.0879 1.0582 $55.00 1.0724 1.0777 1.0764 1.0582 $60.00 1.0626 1.0662 1.0641 1.0582 $70.00 1.0582 1.0582 1.0582 1.0582 $80.00 1.0582 1.0582 1.0582 1.0582 $100.00 1.0582 1.0582 1.0582 1.0582 $125.00 1.0582 1.0582 1.0582 1.0582 $150.00 1.0582 1.0582 1.0582 1.0582 The exact stock prices and effective dates may not be set forth in the table above, in which case: • if the applicable stock price is between two stock prices in the table or the applicable effective date is between two effective dates in the table, the fundamental change early settlement rate will be determined by straight line interpolation between the fundamental change early settlement rates set forth for the higher and lower stock prices and the earlier and later effective dates, as applicable, based on a 365-day year; • if the applicable stock price is greater than $150.00 per share (subject to adjustment in the same manner and at the same time as the stock prices set forth in the column headings of the table above), then the fundamental change early settlement rate will be the Minimum Settlement Rate; or • if the applicable stock price is less than $10.00 per share (subject to adjustment in the same manner and at the same time as the stock prices set forth in the column headings of the table above, the “Minimum Stock Price”), the fundamental change early settlement rate will be determined as if the stock price equaled the Minimum Stock Price, and using straight line interpolation, as described in the first bullet of this paragraph, if the effective date is between two effective dates in the table. The maximum number of shares of Class A Common Stock deliverable under a Purchase Contract is 1.3228, subject to adjustment in the same manner and at the same time as the...
Sample 1Sample 2
Early Settlement Upon a Fundamental Change. The following table sets forth the fundamental change early settlement rate per Purchase Contract for each stock price and effective date set forth below: Effective Date December 10, December 15, December 15, December 15, Stock Price 2010 2011 2012 2013 $10.00 1.5036 1.5719 1.6282 1.6666 $12.50 1.4843 1.5580 1.6270 1.6666 $15.00 1.4586 1.5342 1.6158 1.6666 $17.50 1.4320 1.5056 1.5952 1.6666 $20.00 1.4073 1.4761 1.5671 1.6666 $22.50 1.3854 1.4480 1.5346 1.6666 $25.00 1.3669 1.4227 1.5009 1.6666 $27.50 1.3515 1.4007 1.4686 1.6666 $30.00 1.3390 1.3820 1.4394 1.6666 $32.50 1.3289 1.3666 1.4141 1.5384 $35.00 1.3209 1.3541 1.3931 1.4285 $37.50 1.3148 1.3441 1.3761 1.3333 $40.00 1.3100 1.3362 1.3627 1.3333 $42.50 1.3064 1.3300 1.3523 1.3333 $45.00 1.3038 1.3253 1.3445 1.3333 $47.50 1.3020 1.3217 1.3387 1.3333 $50.00 1.3007 1.3191 1.3345 1.3333 The exact stock prices and effective dates may not be set forth in the table above, in which case: • if the stock price is between two stock prices in the table or the effective date is between two effective dates in the table, the fundamental change early settlement rate will be determined by a straight-line interpolation between the number of shares set forth for the higher and lower stock prices and the earlier and later effective dates, as applicable, based on a 365-day year; • if the stock price is greater than $50.00 per share (subject to adjustment in the same manner as the stock prices set forth in the table above), the fundamental change early settlement rate will be the Minimum Settlement Rate; or • if the stock price is less than $10.00 per share (subject to adjustment in the same manner as the stock prices set forth in the table above), the “minimum stock price,” the fundamental change early settlement rate will be determined as if the stock price equaled the minimum stock price, and using straight line interpolation, as described in the first bullet of this paragraph, if the effective date is between two dates in the table. The maximum number of shares of Common Stock deliverable under a Purchase Contract is 1.6666, subject to adjustment in the same manner as the fixed settlement rates as set forth in the preliminary prospectus under “Description of the Purchase Contracts—Adjustments to the Fixed Settlement Rates.”
Sample 1
Early Settlement Upon a Fundamental Change. The following table sets forth the “fundamental change early settlement rate” (as defined in the Units Preliminary Prospectus Supplement) per Purchase Contract for each stock price and effective date set forth below: Stock Price Effective Date $50.00 $100.00 $130.25 $135.00 $140.00 $159.54 $175.00 $207.40 $225.00 $275.00 $300.00 September 17, 2018 0.3223 0.3321 0.3217 0.3197 0.3175 0.3096 0.3052 0.3012 0.3007 0.3016 0.3023 September 15, 2019 0.3421 0.3482 0.3337 0.3306 0.3273 0.3153 0.3088 0.3045 0.3044 0.3054 0.3059 September 15, 2020 0.3626 0.3671 0.3493 0.3445 0.3392 0.3202 0.3119 0.3084 0.3086 0.3093 0.3096 September 15, 2021 0.3839 0.3839 0.3839 0.3704 0.3571 0.3134 0.3134 0.3134 0.3134 0.3134 0.3134 The exact stock prices and effective dates may not be set forth in the table above, in which case: • if the applicable stock price is between two stock prices in the table or the applicable effective date is between two effective dates in the table, the fundamental change early settlement rate will be determined by straight line interpolation between the fundamental change early settlement rates set forth for the higher and lower stock prices and the earlier and later effective dates, as applicable, based on a 365- or 366-day year, as applicable; • if the applicable stock price is greater than $300.00 per share (subject to adjustment in the same manner and at the same time as the stock prices set forth in the column headings of the table above), then the fundamental change early settlement rate will be the Minimum Settlement Rate; or • if the applicable stock price is less than $50.00 per share (subject to adjustment in the same manner and at the same time as the stock prices set forth in the column headings of the table above, the “Minimum Stock Price”), the fundamental change early settlement rate will be determined as if the stock price equaled the Minimum Stock Price, and using straight line interpolation, as described in the first bullet of this paragraph, if the effective date is between two effective dates in the table. The maximum number of shares of Common Stock deliverable under a Purchase Contract is 0.3839, subject to adjustment in the same manner and at the same time as the fixed settlement rates as set forth under “Description of the Purchase Contracts—Adjustments to the Fixed Settlement Rates” in the Units Preliminary Prospectus Supplement.
Sample 1

Related to Early Settlement Upon a Fundamental Change

  • Repurchase Upon Fundamental Change means the repurchase of any Note by the Company pursuant to Section 4.02.

  • Make-Whole Fundamental Change means any transaction or event that constitutes a Fundamental Change (as defined above and determined after giving effect to any exceptions to or exclusions from such definition, but without regard to the proviso in clause (b) of the definition thereof).

  • Early Settlement has the meaning specified in Section 5.9(a).

  • Early Settlement Date has the meaning specified in Section 5.9(a).

  • Early Settlement Amount has the meaning specified in Section 5.9(a).

  • Fundamental Change Purchase Date has the meaning specified in Section 8.01(a).

  • Fundamental Change Purchase Price has the meaning specified in Section 5.01(a).

  • Fundamental Change Repurchase Date shall have the meaning specified in Section 15.02(a).

  • Fundamental Change Repurchase Price shall have the meaning specified in Section 15.02(a).

  • Fundamental Change shall be deemed to have occurred at the time after the Notes are originally issued if any of the following occurs:

  • Make-Whole Fundamental Change Period shall have the meaning specified in Section 14.03(a).

  • Make-Whole Fundamental Change Effective Date means (A) with respect to a Make-Whole Fundamental Change pursuant to clause (A) of the definition thereof, the date on which such Make-Whole Fundamental Change occurs or becomes effective; and (B) with respect to a Make-Whole Fundamental Change pursuant to clause (B) of the definition thereof, the applicable Redemption Notice Date.

  • Fundamental Change Purchase Notice has the meaning specified in Section 3.01(a)(i).

  • Fundamental Change Repurchase Notice shall have the meaning specified in Section 15.02(b)(i).

  • Non-Stock Fundamental Change means any Fundamental Change other than a Common Stock Fundamental Change.

  • Fundamental Change Effective Date means the date on which any Fundamental Change becomes effective.

  • Cash Settlement shall have the meaning specified in Section 14.02(a).

  • Common Stock Fundamental Change means any Fundamental Change in which more than 50% of the value (as determined in good faith by the Board of Directors of the Company) of the consideration received by holders of Common Stock consists of common stock that, for the 10 Trading Days immediately prior to such Fundamental Change, has been admitted for listing or admitted for listing subject to notice of issuance on a national securities exchange or quoted on Nasdaq National Market, provided, however, that a Fundamental Change shall not be a Common Stock Fundamental Change unless either (i) the Company continues to exist after the occurrence of such Fundamental Change and the outstanding Preferred Stock continues to exist as outstanding Preferred Stock, or (ii) not later than the occurrence of such Fundamental Change, the outstanding Preferred Stock is converted into or exchanged for shares of convertible preferred stock, which convertible preferred stock has powers, preferences and relative, participating optional or other rights, and qualifications, limitations and restrictions substantially similar (but no less favorable) to those of the Preferred Stock.

  • Form of Fundamental Change Repurchase Notice means the “Form of Fundamental Change Repurchase Notice” attached as Attachment 2 to the Form of Note attached hereto as Exhibit A.

  • Make-Whole Fundamental Change Conversion Period has the following meaning:

  • Form of Fundamental Change Purchase Notice means the “Form of Fundamental Change Purchase Notice” attached as Attachment 2 to the Form of Note attached hereto as Exhibit A.

  • Cash Settlement Date means, for each Financially Settled Futures Transaction, the Business Day determined by Exchange from time to time in accordance with industry practice for such Transaction, as posted on Exchange’s Website not less than one month prior to the occurrence of such date, other than Invoices issued as a result of a Contracting Party’s Default or under the Close- out Procedure which amounts require payment immediately;

  • Early Settlement Rate has the meaning specified in Section 5.9(b).

  • Fundamental Change Notice has the meaning specified in Section 8.02(a).

  • Mandatory Settlement Date means the earliest of:

  • Fundamental Change Expiration Time shall have the meaning specified in Section 16.02(b)(ix).