Economic Equivalency Clause Samples

The Economic Equivalency clause defines how parties will treat certain financial outcomes or transactions as being equivalent for contractual purposes, even if they are not identical in form. In practice, this clause may specify that if a party receives a benefit or incurs a cost that is substantially similar in economic effect to what was originally contemplated, it will be considered as fulfilling the relevant contractual obligation. This ensures that the contract remains flexible and effective in the face of changes or unforeseen circumstances, preventing disputes over technical differences that do not materially affect the parties' economic positions.
Economic Equivalency. Notwithstanding any other provision of this Exhibit F, the shares of Series C Preferred Stock and the Series C Partnership Preferred Units are intended to be substantially equivalent in distributions and other payments. In the event that any provision of this Exhibit F would result in a different distribution or other payments being made to the holder of a Series C Partnership Preferred Units than to a holder of a share of Series C Preferred Stock, this Exhibit F shall be deemed automatically amended to conform to the terms of the Series C Articles Supplementary with respect to such distribution or other payment.
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Economic Equivalency. Notwithstanding any other provision of this Exhibit F, the shares of Series D Preferred Stock and the Series D Partnership Preferred Units are intended to be substantially equivalent in distributions and other payments, liquidation rights, redemption rights, repurchase rights, conversion rights and voting rights. In the event that any provision of this Exhibit F would result in a different distribution or other payments or rights being made or provided to the holder of a Series D Partnership Preferred Units than to a holder of a share of Series D Preferred Stock, this Exhibit F shall be deemed automatically amended to conform to the terms of the Series D Articles Supplementary with respect to such distribution or other payment.
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Economic Equivalency. Notwithstanding any other provision of this EXHIBIT E, the shares of Series C Preferred Stock and the Series C Partnership Preferred Units are intended to be substantially equivalent in distributions and other payments. In the event that any provision of this EXHIBIT E would result in a different distribution or other payments being made to the holder of a Series C Partnership Preferred Units than to a holder of a share of Series C Preferred Stock, this EXHIBIT E shall be deemed automatically amended to conform to the terms of the Series C Articles Supplementary with respect to such distribution or other payment.
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Economic Equivalency. Notwithstanding any other provision of this EXHIBIT D, the shares of Series B Preferred Stock and the Series B Partnership Preferred Units are intended to be substantially equivalent in distributions and other payments. In the event that any provision of this EXHIBIT D would result in a different distribution or other payments being made to the holder of a Series B Partnership Preferred Units than to a holder of a share of Series B Preferred Stock, this Exhibit D shall be deemed automatically amended to conform to the terms of the Series B Articles Supplementary with respect to such distribution or other payment. August 17, 1999 SCHEDULE A HOME PROPERTIES OF NEW YORK, L.P. PARTNERS, UNITS AND PERCENTAGE INTERESTS GENERAL PARTNER Number of Percentage NAME AND IDENTIFYING NUMBER BUSINESS OR RESIDENCE UNITS HELD INTEREST ADDRESS Home Properties of New York, Inc. 850 Clinton Square 347,568.539 1.00000% ▇▇▇▇▇▇ter, New York 14604 LIMITED ▇▇▇▇▇▇▇▇ Number of Percentage NAME AND IDENTIFYING NUMBER BUSINESS OR RESIDENCE UNITS HELD INTEREST ADDRESS Home Properties Trust 850 Clinton Square 18,678,296.360 53.73989% ▇▇▇▇▇▇ter, New York 14604 Home Leasing Corporation 850 Clint▇▇ ▇▇▇▇▇▇ ▇▇▇,▇▇▇ 1.23537% ▇▇▇▇▇▇ter, New York 14604 Leenhouts Ventures 850 Clint▇▇ ▇▇▇▇▇▇ ▇,▇▇▇ ▇.▇▇▇▇5% ▇▇▇▇▇▇ter, New York 14604 Norman P. Leenhouts 850 Clint▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇.▇▇▇▇▇% ▇▇▇▇▇▇ter, New York 14604 Nelson B. Leenhouts 850 Clint▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇.▇▇▇▇▇% ▇▇▇▇▇▇ter, New York 14604 Arlene Z. Leenhouts 850 Clint▇▇ ▇▇▇▇▇▇ ▇▇,▇▇▇ ▇.▇▇▇▇▇% ▇▇▇▇▇▇ter, New York 14604 Nancy E. Leenhouts 850 Clint▇▇ ▇▇▇▇▇▇ ▇▇,▇▇▇ ▇.▇▇▇▇▇% ▇▇▇▇▇▇ter, New York 14604 Amy L. Tait 850 Clint▇▇ ▇▇▇▇▇▇ ▇▇,▇▇▇ ▇.▇▇▇▇▇% ▇▇▇▇▇▇ter, New York 14604 Amy L. Tait and 850 Clint▇▇ ▇▇▇▇▇▇ ▇,▇▇▇ ▇.▇▇▇▇▇% Robert C. Tait ▇▇▇▇▇▇ter, New York 14604 Ann M. Mc▇▇▇▇▇▇▇ 850 Clint▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇.▇▇▇▇▇% ▇▇▇▇▇▇ter, New York 14604 Ann M. McCormick and 850 Clint▇▇ ▇▇▇▇▇▇ ▇,▇▇▇ ▇.▇▇▇▇▇% ▇▇▇▇▇ck M. McCormi▇▇ ▇▇▇▇▇▇▇er, New York 14604 David P. ▇▇▇▇▇▇▇ 850 Clint▇▇ ▇▇▇▇▇▇ ▇,▇▇▇ ▇.▇▇▇▇▇% ▇▇▇▇▇▇▇er, New York 14604 William E. Beach 850 Clint▇▇ ▇▇▇▇▇▇ ▇,▇▇▇ ▇.▇▇▇▇▇% ▇▇▇▇▇▇▇er, New York 14604 William E. Beach and 850 Clint▇▇ ▇▇▇▇▇▇ ▇,▇▇▇ ▇.▇▇▇▇▇% Richelle A. Beach ▇▇▇▇▇▇▇er, New York 14604 Paul O'Le▇▇▇ 850 Clint▇▇ ▇▇▇▇▇▇ ▇,▇▇▇ ▇.▇▇▇▇▇% ▇▇▇▇▇▇▇er, New York 14604 ▇▇▇▇▇▇ ▇▇ Percentage NAME AND IDENTIFYING NUMBER BUSINESS OR RESIDENCE UNITS HELD INTEREST ADDRESS Richard J. Struzzi 850 Clinton Square 2,363 ▇.▇▇▇▇▇% ▇▇▇▇▇▇▇▇r, New York 14604 Robert C. Tait 850 Clint▇▇...
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Economic Equivalency. Notwithstanding any other provision of this Exhibit G, the shares of Series E Preferred Stock and the Series E Partnership Preferred Units are intended to be substantially equivalent in distributions and other payments. In the event that any provision of this Exhibit G would result in a different distribution or other payments being made to the holder of a Series E Partnership Preferred Units than to a holder of a share of Series E Preferred Stock, this Exhibit G shall be deemed automatically amended to conform to the terms of the Series E Articles Supplementary with respect to such distribution or other payment.
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Related to Economic Equivalency

  • Economic Equivalence So long as any Exchangeable Shares not owned by Acquiror or its Affiliates are outstanding: (a) Acquiror will not, without prior approval of ExchangeCo and the prior approval of the holders of the Exchangeable Shares given in accordance with Section 10.2 of the Exchangeable Share Provisions: (i) issue or distribute Acquiror Shares (or securities exchangeable for or convertible into or carrying rights to acquire Acquiror Shares) to the holders of all or substantially all of the then outstanding Acquiror Shares by way of stock dividend or other distribution, other than an issue of Acquiror Shares (or securities exchangeable for or convertible into or carrying rights to acquire Acquiror Shares) to holders of Acquiror Shares: (A) who exercise an option to receive dividends in Acquiror Shares (or securities exchangeable for or convertible into or carrying rights to acquire Acquiror Shares) in lieu of receiving cash dividends; or (B) pursuant to any dividend reinvestment plan or scrip dividend; or (ii) issue or distribute rights, options or warrants to the holders of all or substantially all of the then outstanding Acquiror Shares entitling them to subscribe for or to purchase Acquiror Shares (or securities exchangeable for or convertible into or carrying rights to acquire Acquiror Shares); or (iii) issue or distribute to the holders of all or substantially all of the then outstanding Acquiror Shares: (A) shares or securities of Acquiror of any class other than Acquiror Shares (other than shares convertible into or exchangeable for or carrying rights to acquire Acquiror Shares); (B) rights, options or warrants other than those referred to in Subsection 2.7(a)(ii); (C) evidences of indebtedness of Acquiror; or (D) assets of Acquiror, unless the economic equivalent on a per share basis of such rights, options, warrants, securities, shares, evidences of indebtedness or other assets is issued or distributed simultaneously to holders of the Exchangeable Shares; provided that, for greater certainty, the above restrictions shall not apply to any securities issued or distributed by Acquiror in order to give effect to and to consummate the transactions contemplated by, and in accordance with, the Arrangement Agreement. (b) Acquiror will not, without the prior approval of ExchangeCo and the prior approval of the holders of the Exchangeable Shares given in accordance with Section 10.2 of the Exchangeable Share Provisions: (i) subdivide, redivide or change the then outstanding Acquiror Shares into a greater number of Acquiror Shares; or (ii) reduce, combine, consolidate or change the then outstanding Acquiror Shares into a lesser number of Acquiror Shares; or (iii) reclassify or otherwise change Acquiror Shares or effect an amalgamation, merger, reorganization or other transaction affecting the Acquiror Shares, unless the same or an economically equivalent change shall simultaneously be made to, or in the rights of the holders of, the Exchangeable Shares, and such change is permitted under applicable law; provided that, for greater certainty, the above restrictions shall not apply to any securities issued or distributed by Acquiror in order to give effect to and to consummate the transactions contemplated by, and in accordance with, the Arrangement Agreement. (c) Acquiror will ensure that the record date for any event referred to in Subsections 2.7(a) or 2.7(b) as such events apply to the Exchangeable Shares, or (if no record date is applicable for such event) the effective date for any such event, is the same as the record date or effective date, as applicable, with respect to the Acquiror Shares (and Acquiror shall contemporaneously notify ExchangeCo at the time Acquiror declares or announces such record date or effective date); (d) The Board of Directors of ExchangeCo shall determine, in good faith and in its sole discretion, economic equivalence for the purposes of any event referred to in Subsections 2.7(a) or 2.7(b) and each such determination shall be conclusive and binding on Acquiror and the holders of the Exchangeable Shares. In making each such determination, the following factors shall, without excluding other factors determined by the Board of Directors of ExchangeCo to be relevant, be considered by the Board of Directors of ExchangeCo: (i) in the case of any stock dividend or other distribution payable in Acquiror Shares, the number of such shares issued in proportion to the number of Acquiror Shares previously outstanding; (ii) in the case of the issuance or distribution of any rights, options or warrants to subscribe for or purchase Acquiror Shares (or securities exchangeable for or convertible into or carrying rights to acquire Acquiror Shares), the relationship between the exercise price of each such right, option or warrant and the Current Market Price, the volatility of the Acquiror Shares and the term of such instrument; (iii) in the case of the issuance or distribution of any other form of property (including any shares or securities of Acquiror of any class other than Acquiror Shares, any rights, options or warrants other than those referred to in Subsection 2.7(d)(ii), any evidences of indebtedness of Acquiror or any assets of Acquiror), the relationship between the fair market value (as determined by the Board of Directors of ExchangeCo in the manner above contemplated) of such property to be issued or distributed with respect to each outstanding Acquiror Common Share and the Current Market Price; (iv) in the case of any subdivision, redivision or change of the then outstanding Acquiror Shares into a greater number of Acquiror Shares or the reduction, combination, consolidation or change of the then outstanding Acquiror Shares into a lesser number of Acquiror Shares or any amalgamation, merger, reorganization or other transaction affecting Acquiror Shares, the effect thereof upon the then outstanding Acquiror Shares; and (v) in all such cases, the general taxation consequences of the relevant event to holders of Exchangeable Shares to the extent that such consequences may differ from the taxation consequences to holders of Acquiror Shares as a result of differences between taxation laws of Canada and the United States (except for any differing consequences arising as a result of differing marginal taxation rates and without regard to the individual circumstances of holders of Exchangeable Shares). (e) ExchangeCo agrees that, to the extent required, upon due notice from Acquiror, ExchangeCo will use its reasonable best efforts to take or cause to be taken such steps as may be necessary for the purposes of ensuring that appropriate dividends are paid or other distributions are made by ExchangeCo, or subdivisions, redivisions or changes are made to the Exchangeable Shares, in order to implement the required economic equivalent with respect to the Acquiror Shares and Exchangeable Shares as provided for in this Section 2.7.

  • Equivalence The importing Party shall accept the sanitary and phytosanitary measures of the exporting Party as equivalent, even if these measures differ from its own measures, if the exporting Party objectively demonstrates to the importing Party that its measures achieve the importing Party's appropriate level of sanitary and phytosanitary protection. For this purpose, reasonable access shall be given, upon request, to the importing Party for inspection, testing, and other relevant procedures.

  • Economic Uniformity At the election of the General Partner with respect to any taxable period ending upon, or after, the termination of the Subordination Period, all or a portion of the remaining items of Partnership gross income or gain for such taxable period, after taking into account allocations pursuant to Section 6.1(d)(iii), shall be allocated 100% to each Partner holding Subordinated Units that are Outstanding as of the termination of such Subordination Period (“Final Subordinated Units”) in the proportion of the number of Final Subordinated Units held by such Partner to the total number of Final Subordinated Units then Outstanding, until each such Partner has been allocated an amount of gross income or gain that increases the Capital Account maintained with respect to such Final Subordinated Units to an amount equal to the product of (A) the number of Final Subordinated Units held by such Partner and (B) the Per Unit Capital Amount for a Common Unit. The purpose of this allocation is to establish uniformity between the Capital Accounts underlying Final Subordinated Units and the Capital Accounts underlying Common Units held by Persons other than the General Partner and its Affiliates immediately prior to the conversion of such Final Subordinated Units into Common Units. This allocation method for establishing such economic uniformity will be available to the General Partner only if the method for allocating the Capital Account maintained with respect to the Subordinated Units between the transferred and retained Subordinated Units pursuant to Section 5.5(c)(ii) does not otherwise provide such economic uniformity to the Final Subordinated Units.

  • Economic Benefit The Bank shall determine the economic benefit attributable to the Executive based on the life insurance premium factor for the Executive’s age multiplied by the aggregate death benefit payable to the Beneficiary. The “life insurance premium factor” is the minimum factor applicable under guidance published pursuant to Treasury Reg. § 1.61-22(d)(3)(ii) or any subsequent authority.

  • Purchaser Bears Economic Risk The Purchaser has substantial experience in evaluating and investing in private placement transactions of securities in companies similar to the Company so that it is capable of evaluating the merits and risks of its investment in the Company and has the capacity to protect its own interests. The Purchaser must bear the economic risk of this investment until the Securities are sold pursuant to: (i) an effective registration statement under the Securities Act; or (ii) an exemption from registration is available with respect to such sale.