Template:2002 ISDA Equity Derivatives Definitions 12.2(a): Difference between revisions
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{{eqderivprov|12.2(a)}} “'''{{eqderivprov|Alternative Obligation}}''' | {{eqderivprov|12.2(a)}} “'''{{eqderivprov|Alternative Obligation}}'''”, then except in respect of a {{eqderivprov|Reverse Merger}}, on or after the <br>relevant {{eqderivprov|Merger Date}}, the {{eqderivprov|New Shares}} and/or the amount of {{eqderivprov|Other Consideration}}, if applicable (as <br>subsequently modified in accordance with any relevant terms and including the proceeds of any <br>redemption, if applicable), and their issuer (if any) will be deemed the “{{eqderivprov|Shares}}" and the “{{eqderivprov|Issuer}}”, <br>respectively, the number of {{eqderivprov|New Shares}} and/or the amount of {{eqderivprov|Other Consideration}}, if applicable, (as <br>subsequently modified in accordance with any relevant terms and including the proceeds of any <br>redemption, if applicable) to which a holder of the relevant {{eqderivprov|Number of Shares}} immediately prior to the <br>occurrence of the {{eqderivprov|Merger Event}} would be entitled upon consummation of the {{eqderivprov|Merger Event}} will be <br>deemed the relevant “{{eqderivprov|Number of Shares}}" and, if necessary, the {{eqderivprov|Calculation Agent}} will adjust any relevant <br>terms, provided, however, that no adjustments will be made to account solely for changes in volatility, <br>expected dividends, stock loan rate or liquidity relevant to the Shares or the {{eqderivprov|Transaction}}; <br> | ||
Revision as of 10:05, 16 September 2016
12.2(a) “Alternative Obligation”, then except in respect of a Reverse Merger, on or after the
relevant Merger Date, the New Shares and/or the amount of Other Consideration, if applicable (as
subsequently modified in accordance with any relevant terms and including the proceeds of any
redemption, if applicable), and their issuer (if any) will be deemed the “Shares" and the “Issuer”,
respectively, the number of New Shares and/or the amount of Other Consideration, if applicable, (as
subsequently modified in accordance with any relevant terms and including the proceeds of any
redemption, if applicable) to which a holder of the relevant Number of Shares immediately prior to the
occurrence of the Merger Event would be entitled upon consummation of the Merger Event will be
deemed the relevant “Number of Shares" and, if necessary, the Calculation Agent will adjust any relevant
terms, provided, however, that no adjustments will be made to account solely for changes in volatility,
expected dividends, stock loan rate or liquidity relevant to the Shares or the Transaction;