First Averaging Date means October 25, 2007; provided, however, that the First Averaging Date may be extended by the Calculation Agent in its discretion by one Trading Day for each Scheduled Trading Day following the date hereof and prior to the First Averaging Date that ceases to be a Scheduled Trading Day or is not a Trading Day due to the occurrence of a Market Disruption Event.
First Averaging Date means the date specified as such on Schedule 1 hereto.
First Averaging Date means February 13, 2024. “Average VWAP” means the arithmetic average of the VWAP Prices for all Averaging Dates. “VWAP Price” for any Averaging Date means the Rule 10b-18 volume-weighted average price per Share for such day based on transactions executed during such day, as reported on Bloomberg page DXCM <equity> AQR SEC (or any successor thereto) or, in the event such price is not so reported on such day for any reason or is manifestly incorrect, as reasonably determined by Dealer as Calculation Agent using a volume weighted method. Notwithstanding the foregoing, if (i) any Averaging Date is a Disrupted Day in part or (ii) Dealer concludes in its reasonable judgment discretion based on advice of counsel, that it is appropriate with respect to any legal, regulatory or self-regulatory requirements, or with related policies and procedures (whether or not such requirements, policies, or procedures are imposed by the law or have been voluntarily adopted by Dealer, but so long as such policies or procedures are applied to the transactions contemplated by this Agreement by Dealer in a non-discriminatory manner), for it to refrain from or decrease any market activity on any Averaging Date. Dealer may by written notice to the Company elect to deem that a Market Disruption Event has occurred and will be continuing on such Averaging Date, and the VWAP Price for such Averaging Date(s) shall be the Rule 10b-18 volume-weighted average price per Share on such Averaging Date(s), as determined by Dealer as Calculation Agent based on such sources as it deems appropriate using a volume-weighted methodology, for the portion of such Averaging Date(s) for which Dealer determines there is no Market Disruption Event with respect to the Shares (if any) and the Average VWAP and the Share Settlement Amount shall be adjusted by Dealer as Calculation Agent in its good faith, commercially reasonable discretion to account for such disruption and/or extension.
Examples of First Averaging Date in a sentence
Company acknowledges and agrees that Dealer may, during the period from the First Averaging Date to the final Averaging Date (the “Relevant Period”), purchase Shares in connection with this Agreement.
Company acknowledges and agrees that Dealer may, during the period from the First Averaging Date to the final Averaging Date (the “ Relevant Period ”), purchase Shares in connection with this Agreement.
The Chief Judge determines at the initial consideration of the petition the steps necessary to properly decide on the merits the issues raised by the petition.
In respect of(b) and (c), the amount will depend on the performance of the Index since the Initial Strike Date and calculated as an average over a series of monthly (or near monthly) valuation dates commencing on the First Averaging Date and ending on the Last Averaging Date.
If the Issuer has not exercised the Switch Option, such Performance Component will correspond to a positive amount which will depend on the performance of the Index since the Initial Strike Date and calculated as an average over a series of monthly (or near monthly) valuation dates commencing on the First Averaging Date and ending on the Last Averaging Date.
More Definitions of First Averaging Date
First Averaging Date means the first Scheduled Trading Day immediately following the day that Dealer receives the Prior Unwind Notice. The “Prior Unwind Notice” means written notice by BNP Paribas to Dealer that the final averaging date under the Other Dealer Warrant Settlement Agreement (as defined below) entered into on the date hereof between Issuer and BNP Paribas has occurred. “Average VWAP” means the arithmetic average of the VWAP Prices for all Averaging Dates. “VWAP Price” for any Averaging Date means the Rule 10b-18 dollar volume weighted average price per Share for such day based on transactions executed during such day, as reported on Bloomberg page CRM.N <equity> AQR SEC (or any successor thereto) or, in the event such price is not so reported on such day for any reason or is manifestly incorrect, as reasonably determined by the Calculation Agent using a volume weighted method. Notwithstanding
First Averaging Date means the first Scheduled Trading Day immediately following the day that Dealer receives the Prior Unwind Notice. The “Prior Unwind Notice” means written notice by Xxxxxx Xxxxxxx & Co. International plc (or one of its affiliates) to Dealer that the final averaging date under the Other Dealer Warrant Settlement Agreement (as defined below) entered into on the date hereof between Issuer and Xxxxxx Xxxxxxx & Co. International plc has occurred. “Average VWAP” means the arithmetic average of the VWAP Prices for all Averaging Dates. “VWAP Price” for any Averaging Date means the Rule 10b-18 dollar volume weighted average price per Share for such day based on transactions executed during such day, as reported on Bloomberg page CRM.N <equity> AQR SEC (or any
First Averaging Date means, with respect to each Tranche, September 10, 2007.
First Averaging Date means the Effective Date.
First Averaging Date. The date five Scheduled Trading Days immediately prior to and including the Scheduled Maturity Date.
First Averaging Date. As set forth in the Supplemental Confirmation.
First Averaging Date means the first Scheduled Trading Day immediately following the day that Company delivers the Averaging Period Commencement Notice. The “Averaging Period Commencement Notice” means written notice by the Company to Dealer that the Company has received notice from Xxxxxxx, Xxxxx & Co. that the final averaging date under the substantially similar warrant settlement agreement entered into between Issuer and Xxxxxxx, Sachs & Co. has occurred (the “Prior Unwind Notice”), which Averaging Period Commencement Notice shall be delivered by the Company prior to 4:00 P.M. (New York City time) on the first Scheduled Trading Day immediately following the day on which the Prior Unwind Notice was received; provided that such notice shall not include any other information about the nature of such postponement or its applicability to Company or otherwise communicate any material nonpublic information about Company or the Shares to Dealer. “Average VWAP” means the arithmetic average of the VWAP Prices for all Averaging Dates. “VWAP Price” for any Averaging Date means the Rule 10b-18 dollar volume weighted average price per Share for such day based on transactions executed during such day, as reported on Bloomberg page CRM <equity> AQR SEC (or any successor thereto) or, in the event such price is not so reported on such day for any reason or is manifestly incorrect, as reasonably determined by Dealer using a volume weighted method. Notwithstanding the foregoing, if any Averaging Date is a Disrupted Day, then the consequence shall be Modified Postponement as if this Agreement were a “Transaction” under the Equity Definitions; provided that notwithstanding anything to the contrary in the Equity Definitions, if a Market Disruption Event occurs on any Averaging Date, Dealer may, if appropriate in light of market conditions, regulatory considerations or otherwise, take any or all of the following actions: (i) postpone the