Calculation of Deficiency Payment. A “Deficiency Payment” shall be calculated as follows: (a) if as of the Determination Date a winding-up order has been made with respect to SLF, then such Deficiency Payment shall be the amount that, when paid to the holders of the SLA Preferred Shares outstanding as of the Triggering Event, will result in: (i) the holders of SLA Class A Shares, SLA Class B Shares, SLA Class C Shares and SLA Class E Shares outstanding as of the Triggering Event receiving payment of the same proportion of the Deficiency Amount for such shares as the holders of such shares would have received had their claim to the Deficiency Amount on the final distribution of surplus of SLF, if any, pursuant to section 95(1) of the WURA ranked on a parity with the claims of the holders of the SLF Class A Shares; and (ii) the holders of SLA Class D Shares outstanding as of the Triggering Event receiving payment of the same proportion of the Deficiency Amount for such shares as the holders of such shares would have received had their claim to the Deficiency Amount on the final distribution of surplus of SLF, if any, pursuant to section 95(1) of the WURA ranked on a parity with the claims of the holders of the SLF Class B Shares; and (b) in all circumstances other than those specified in Section 2.2(a), such Deficiency Payment shall equal the aggregate Deficiency Amounts attributable to all classes of SLA Preferred Shares outstanding as of the Triggering Event.
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Sources: Preferred Share Guarantee Agreement (Sun Life Financial Inc)
Calculation of Deficiency Payment. A “The "Deficiency Payment” " shall be calculated as follows:
(a) if as in the event that, at the time of the Determination Date Date, a winding-up winding‑up order has been made with respect to SLFMFC, then such the Deficiency Payment shall be the amount that, when paid to the holders of the SLA MLI Preferred Shares outstanding as of the Triggering Event, will result in:
(i) the holders of SLA MLI Class A Shares, SLA Class B Shares, SLA Class C Shares and SLA Class E Shares outstanding as of the Triggering Event receiving payment of the same proportion of the Deficiency Amount for such shares MLI Class A Shares as the holders of such shares MLI Class A Shares would have received had their claim to the such Deficiency Amount on the final distribution of surplus of SLFMFC, if any, pursuant to section 95(1) of the WURA ranked on a parity with the claims of the holders of the SLF MFC Class A Shares; and
(ii) the holders of SLA MLI Class D B Shares outstanding as of the Triggering Event receiving payment of the same proportion of the Deficiency Amount for such shares MLI Class B Shares as the holders of such shares MLI Class B Shares would have received had their claim to the such Deficiency Amount on the final distribution of surplus of SLFMFC, if any, pursuant to section 95(1) of the WURA ranked on a parity with the claims of the holders of the SLF MFC Class B Shares; and.
(b) in In all circumstances other than those specified in Section section 2.2(a)) above, such the Deficiency Payment shall equal the aggregate Deficiency Amounts attributable to all classes of SLA MLI Preferred Shares outstanding as of the Triggering Event.
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