Make-Whole Adjustment Event definition

Make-Whole Adjustment Event means (i) any Change of Control (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), and (ii) any Termination of Trading.

Make-Whole Adjustment Event means (i) any Change in Control (determined after giving effect to any exceptions or exclusions from the definition of “Change in Control” but without giving effect to the proviso in clause (2) of the definition thereof) and (ii) any Termination of Trading.

Make-Whole Adjustment Event means an Asset Sale Make-Whole Adjustment Event or a Common Stock Change Make-Whole Adjustment Event.

Examples of Make-Whole Adjustment Event in a sentence

• Furthermore, for purposes of our opinions set forth in paragraph 4 above, we assume that the increase in the Conversion Rate (as defined in the Indenture) upon the occurrence of a Make-Whole Adjustment Event (as defined in the Indenture) pursuant to the provisions of the Indenture and any related provisions of the Debentures represents reasonable compensation for the lost option value of the Debentures as a result of the occurrence of a Make-Whole Adjustment Event.

• A conversion of Notes shall be deemed to be “in connection with” a Make-Whole Adjustment Event if the notice of conversion of the Notes is received by the Conversion Agent from and including the Effective Date of the Make-Whole Adjustment Event transaction up to and including the date that is 35 days after such date.

• The Company shall use its commercially reasonable efforts to give notice to Holders of the anticipated Effective Date for a Make-Whole Adjustment Event not less than 20 Scheduled Trading Days prior to the anticipated Effective Date.

• The Company shall notify the Holders, the Trustee and the Conversion Agent of the anticipated Effective Date of any Make-Whole Adjustment Event and issue a press release as soon as practicable after the Company first determines the anticipated Effective Date of such Make-Whole Adjustment Event (and make the press release available on the Company’s website).

• The Fundamental Change also constitutes a Make-Whole Adjustment Event (as defined in the Indenture, a “Make-Whole Adjustment Event”).

More Definitions of Make-Whole Adjustment Event

Make-Whole Adjustment Event. Holdings shall increase the number of Class A Units (the “Additional Units”) to be issued to such Exercising Lender for each $1,000 of Conversion Amount as set forth in this Section 15.06.

Make-Whole Adjustment Event shall have the meaning assigned to such term in Section 15.06(a).

Make-Whole Adjustment Event shall be deemed to have occurred at such time after the Issue Date that any of the following events shall occur:

Make-Whole Adjustment Event means the occurrence prior to November 20, 2026 of any transaction or event that constitutes a Fundamental Change (determined after giving effect to any exceptions to or exclusions from such definition, but without regard to clause (i) in the proviso in clause (b) but, for the avoidance of doubt, subject to the proviso immediately following clause (d) of such definition).

Make-Whole Adjustment Event means (a) any Change in Control under clause (1) or (2) in the definition thereof, determined after giving effect to any exceptions to or exclusions from such definition, but without giving effect to the proviso in clause (2) of the definition thereof, and (b) any Termination of Trading.

Make-Whole Adjustment Event means the occurrence prior to the Stated Maturity of either (i) any transaction or event that constitutes a Change in Control (determined after giving effect to any exceptions to or exclusions from such definition, other than the proviso in clause (b) of the definition thereof) or (ii) any Termination of Trading.

Make-Whole Adjustment Event means the occurrence prior to October 5, 2020 of any transaction or event that constitutes a Fundamental Change (determined after giving effect to any exceptions to or exclusions from such definition, but without regard to the proviso in clause (b) but, for the avoidance of doubt, subject to the proviso at the end of such definition).