Market Disruption Event. Section 6.3(a)(ii) of the 2002 Definitions is hereby amended by replacing clause (ii) in its entirety with “(ii) an Exchange Disruption, or” and inserting immediately following clause (iii) the phrase “; in each case that the Calculation Agent determines is material.” Exchange Act: The Securities Exchange Act of 1934, as amended from time to time.
Appears in 51 contracts
Sources: Confirmation (Entergy Corp /De/), Confirmation (Entergy Corp /De/), Confirmation (Entergy Corp /De/)
Market Disruption Event. Section 6.3(a)(ii6.3(a) of the 2002 Definitions is hereby amended by replacing clause (ii) in its entirety with “(ii) an Exchange Disruption, or” and inserting immediately following clause (iii) the phrase “; in each case that the Calculation Agent determines is material.” Exchange Act: The Securities Exchange Act of 1934, as amended from time to time.
Appears in 16 contracts
Sources: Confirmation (American Water Works Company, Inc.), Confirmation (American Water Works Company, Inc.), Confirmation (American Water Works Company, Inc.)
Market Disruption Event. Section 6.3(a)(ii) of the 2002 Definitions is hereby amended by replacing clause (ii) in its entirety with “(ii) an Exchange Disruption, or” and inserting immediately following clause (iii) the phrase “; in each case that the Calculation Agent reasonably determines is material.” Exchange Act: The Securities Exchange Act of 1934, as amended from time to time.
Appears in 10 contracts
Sources: Confirmation (Idacorp Inc), Confirmation (Idacorp Inc), Confirmation (Idacorp Inc)
Market Disruption Event. Section 6.3(a)(ii) of the 2002 Definitions is hereby amended by replacing clause (ii) in its entirety with “(ii) an Exchange Disruption, or” and inserting immediately following clause (iii) the phrase “; , in each case case, that the Calculation Agent determines is material.” Exchange Act: The Securities Exchange Act of 1934, as amended from time to time.
Appears in 8 contracts
Sources: Equity Underwriting Agreement (ONE Gas, Inc.), Forward Confirmation (ONE Gas, Inc.), Forward Confirmation (ONE Gas, Inc.)
Market Disruption Event. Section 6.3(a)(ii) of the 2002 Definitions is hereby amended by replacing clause (ii) in its entirety with “(ii) an Exchange Disruption, or” and inserting immediately following clause (iii) the phrase “; , in each case case, that the Calculation Agent acting in good faith and a commercially reasonable manner determines is material.” Exchange Act: The Securities Exchange Act of 1934, as amended from time to time.
Appears in 7 contracts
Sources: Confirmation (Centerpoint Energy Inc), Confirmation (Centerpoint Energy Inc), Confirmation (Centerpoint Energy Inc)
Market Disruption Event. Section 6.3(a)(ii) of the 2002 Definitions is hereby amended by replacing clause (ii) in its entirety with “(ii) an Exchange Disruption, or” and inserting immediately following clause (iii) the phrase “; in each case that the Calculation Agent determines is material.” Exchange Act: The Securities Exchange Act of 1934, as amended from time to time.”
Appears in 4 contracts
Sources: Confirmation (Corporate Office Properties Trust), Confirmation (Regency Centers Corp), Confirmation (Piedmont Natural Gas Co Inc)
Market Disruption Event. Section 6.3(a)(ii) of the 2002 Definitions is hereby amended by replacing clause (ii) in its entirety with “(ii) an Exchange Disruption, or” and inserting immediately following clause (iii) the phrase “; , in each case case, that the Calculation Agent reasonably determines is material.” Exchange Act: The Securities Exchange Act of 1934, as amended from time to time.
Appears in 4 contracts
Sources: Forward Confirmation (Pinnacle West Capital Corp), Forward Confirmation (Pinnacle West Capital Corp), Forward Confirmation (Pinnacle West Capital Corp)
Market Disruption Event. Section 6.3(a)(ii) of the 2002 Definitions is hereby amended by replacing clause (ii) in its entirety with “(ii) an Exchange Disruption, or” and inserting immediately following clause (iii) the phrase “; in each case that the Calculation Agent reasonably determines is material.” Exchange Act: The Securities Exchange Act Section 6.3(d) of 1934, as the Equity Definitions is hereby amended from time to timeby deleting the remainder of the provision following the term “Scheduled Closing Time” in the fourth line thereof.
Appears in 3 contracts
Sources: Confirmation Agreement (New Jersey Resources Corp), Confirmation (New Jersey Resources Corp), Confirmation (New Jersey Resources Corp)
Market Disruption Event. Section 6.3(a)(ii) of the 2002 Definitions is hereby amended by replacing clause (ii) in its entirety with “(ii) an Exchange Disruption, or” and inserting immediately following clause (iii) the phrase “; , in each case that the Calculation Agent determines is material.” Exchange Act: The Securities Exchange Act of 1934, as amended from time to time.
Appears in 3 contracts
Sources: Confirmation (Pepco Holdings Inc), Confirmation (Pepco Holdings Inc), Purchase Agreement (Pepco Holdings Inc)
Market Disruption Event. Section 6.3(a)(ii) of the 2002 Definitions is hereby amended by replacing clause (ii) in its entirety with “(ii) an Exchange Disruption or Regulatory Disruption, or” and inserting immediately following clause (iii) the phrase “; , in each case case, that the Calculation Agent determines is material.” Exchange Act: The Securities Exchange Act of 1934, as amended from time to time.”
Appears in 2 contracts
Sources: Master Forward Confirmation (Getty Realty Corp /Md/), Master Forward Confirmation (Getty Realty Corp /Md/)
Market Disruption Event. Section 6.3(a)(ii) of the 2002 Definitions is hereby amended by replacing clause (ii) in its entirety with “(ii) an Exchange Disruption, or” and inserting immediately following clause (iii) the phrase “; in each case that the Calculation Agent reasonably determines is material.” Exchange Act: The Securities Exchange Act of 1934, as amended from time to time.”
Appears in 2 contracts
Sources: Confirmation (PNM Resources Inc), Confirmation (PNM Resources Inc)