Fundamental Change Early Settlement Rate definition

Fundamental Change Early Settlement Rate has the meaning set forth in Section 4.07(f).
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Fundamental Change Early Settlement Rate shall be determined by the Company by reference to the table below, based on the date on which the Fundamental Change occurs or becomes effective (the “Effective Date”) and the stock price (the “Stock Price”) in the Fundamental Change, which shall be:
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Fundamental Change Early Settlement Rate means the sum of the applicable Settlement Rate and the amount of Make-Whole Shares, determined pursuant to Section 5.05(b)(ii) and Section 5.05(b)(iii).
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Examples of Fundamental Change Early Settlement Rate in a sentence

  • These calculations include, but are not limited to, determination of the applicable Settlement Rate, the Fixed Settlement Rates, the Early Settlement Rate, the Merger Termination Redemption Rate, the Fundamental Change Early Settlement Rate, the Applicable Market Value, the Merger Termination Redemption Market Value, the Last Reported Sale Price and the Daily VWAP, as the case may be.

  • These calculations include, but are not limited to, determination of the applicable Mandatory Settlement Rate, the Fixed Settlement Rates, the Early Settlement Rate, the Acquisition Redemption Rate, the Early Mandatory Settlement Rate, the Fundamental Change Early Settlement Rate, the Applicable Market Value, the Redemption Market Value, the Closing Price and the VWAP, as the case may be.

  • These calculations include, but are not limited to, determination of the applicable Fixed Settlement Rates, the Early Settlement Rate, the Acquisition Redemption Rate, the Early Mandatory Settlement Rate, the Fundamental Change Early Settlement Rate, the Closing Price, the Reference Price and the Threshold Appreciation Price as the case may be.

  • These calculations include, but are not limited to, determination of the applicable Mandatory Settlement Rate, the Fixed Settlement Rates, the Early Settlement Rate, the Early Mandatory Settlement Rate, the Fundamental Change Early Settlement Rate, the Applicable Market Value, the Closing Price and the VWAP, as the case may be.

  • The notice shall set forth (i) the applicable Fundamental Change Early Settlement Rate, (ii) if not Common Stock, the kind and amount of cash, securities and other property receivable by the Holder upon settlement, (iii) the deadline by which each Holder’s Fundamental Change Early Settlement Right must be exercised and (iv) any other information the Company determines to be appropriate.


More Definitions of Fundamental Change Early Settlement Rate

Fundamental Change Early Settlement Rate will be determined by reference to the table below, based on the date on which the Fundamental Change occurs or becomes effective (the “Effective Date”) and the price (the “Stock Price”) paid per share for Common Stock in such Fundamental Change. If holders of Common Stock receive only cash in such Fundamental Change, the Stock Price paid per share will be the cash amount paid per share. Otherwise, the Stock Price paid per share will be the average of the Closing Prices of the Common Stock on the five Trading Days prior to, but not including, the Effective Date of such Fundamental Change. Effective Date Stock Price March 16, 2009 March 30, 2010 March 30, 2011 March 30, 2012 $3.00 7.3751 6.9431 6.4345 5.5866 $6.00 6.1860 6.0477 5.8511 5.5866 $8.95 5.5866 5.5866 5.5866 5.5866 $9.62 5.6804 5.5892 5.4415 5.1968 $10.29 5.6204 5.5326 5.3862 4.8579 $15.00 5.3428 5.2703 5.1373 4.8579 $20.00 5.1863 5.1274 5.0217 4.8579 $25.00 5.0942 5.0475 4.9680 4.8579 $30.00 5.0351 4.9986 4.9393 4.8579 $35.00 4.9947 4.9663 4.9215 4.8579 $40.00 4.9658 4.9437 4.9093 4.8579 $45.00 4.9443 4.9271 4.9003 4.8579 The table above sets forth the hypothetical Stock Price and the Fundamental Change Early Settlement Rate per $50 Stated Amount of Units. The Stock Prices set forth in the first column heading of the table above will be adjusted upon the occurrence of events requiring adjustments to the Fixed Settlement Rate pursuant to Section 5.05(a). The adjusted Stock Prices will equal the Stock Prices applicable immediately prior to such adjustment, multiplied by a fraction, the numerator of which is the Fixed Settlement Rate immediately prior to the adjustment giving rise to the Stock Price adjustment and the denominator of which is the Fixed Settlement Rate as so adjusted. The number of shares will be adjusted in the same manner as the Fixed Settlement Rate as set forth in Section 5.05(a). If the Stock Price or Effective Date applicable to a Fundamental Change is not expressly set forth on the table, then the Fundamental Change Early Settlement Rate will be determined as follows:
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Fundamental Change Early Settlement Rate shall be determined by reference to the table set forth below, based on the date on which the Fundamental Change occurs or becomes effective (the “Effective Date”) and the stock price (the “Stock Price”) in the Fundamental Change, which means: (A) in the case of a Fundamental Change described in clause (ii) of the definition of such term and holders of the Common Stock receive only cash in the Fundamental Change, the Stock Price shall be the cash amount paid per share; or (B) otherwise, the Stock Price shall be the average of the Closing Prices of the Common Stock over the five Trading Day period ending on the Trading Day preceding the Effective Date of the Fundamental Change. The following table sets forth the Stock Price and Fundamental Change Early Settlement Rate per $50 of Stated Amount of Units: Effective Date Stock Price May 12, 2008 June 30, 2009 June 30, 2010 June 29, 2011 $51.50 0.9109 0.8796 0.8603 0.8881 $54.80 0.8949 0.8644 0.8439 0.8881 $58.30 0.8804 0.8504 0.8284 0.8576 $62.05 0.8672 0.8377 0.8140 0.8058 $66.20 0.8551 0.8262 0.8012 0.7553 $70.30 0.8451 0.8170 0.7913 0.7401 $74.46 0.8368 0.8095 0.7837 0.7401 $81.90 0.8252 0.7996 0.7748 0.7401 $90.10 0.8160 0.7924 0.7693 0.7401 $99.10 0.8087 0.7871 0.7660 0.7401 $109.00 0.8028 0.7831 0.7637 0.7401 $119.90 0.7979 0.7798 0.7618 0.7401 The exact Stock Prices and Effective Dates may not be set forth in the table above, in which case:
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Fundamental Change Early Settlement Rate shall be determined by reference to the table set forth below, based on the date on which the Fundamental Change occurs or becomes effective (the “Effective Date”) and the stock price (the “Stock Price”) in the Fundamental Change, which means: (A) in the case of a Fundamental Change described in clause (ii) of the definition of such term where holders of the Ordinary Shares receive only cash in the Fundamental Change, the Stock Price shall be the cash amount paid per share; or (B) otherwise, the Stock Price shall be the average of the Closing Price of the Ordinary Shares over the five Trading Day period ending on the Trading Day preceding the Effective Date of the Fundamental Change. The following table sets forth the Stock Price and Fundamental Change Early Settlement Rate per $25 of Stated Amount of Units: Effective Date August 5, 2008 August 15, 2009 August 15, 2010 Xxxxxx 00, 0000 Xxxxx Price $10.0 2.2724 2.0544 1.8182 1.5625 $13.0 2.1086 1.9409 1.7592 1.5625
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Related to Fundamental Change Early Settlement Rate

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

  • 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).

  • 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.

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

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

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

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

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

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

  • Fundamental Change Repurchase Date 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:

  • Mandatory Settlement Date means the earliest of:

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

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

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

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

  • Monthly Settlement Date means the 25th day of each calendar month (or if such day is not a Business Day, the next occurring Business Day).

  • 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;

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

  • Daily Settlement Amount for each of the 40 consecutive Trading Days during the Observation Period, shall consist of:

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

  • 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.

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

  • Daily Settlement Price means the settlement price for a Swap calculated each Business Day by or on behalf of BSEF. The Daily Settlement Price can be expressed in currency, spread, yield or any other appropriate measure commonly used in swap markets.

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

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