Common use of Partial Lookthrough Clause in Contracts

Partial Lookthrough. (a) The definition of “Potential Adjustment Event” in Share Linked Condition 5(a) shall be amended as follows: (i) the DR Amendment shall be made, provided that an event under (i) to (vii) of the definition of “Potential Adjustment Event” in respect of the Underlying Shares shall not constitute a Potential Adjustment Event unless, in the opinion of the Calculation Agent, such event has a diluting or concentrative effect on the theoretical value of the Shares; (ii) “.” shall be deleted where it appears at the end of (vii) in the definition of “Potential Adjustment Event” and replaced with “; or ”; and (iii) the following shall be inserted as provision (viii): “

Appears in 1 contract

Sources: Agency Agreement (Bank of America Corp /De/)

Partial Lookthrough. (a) The definition of "Potential Adjustment Event" in Share Linked Condition 5(a) shall be amended as follows: (i) the DR Amendment shall be made, provided that an event under (i) to (vii) of the definition of "Potential Adjustment Event" in respect of the Underlying Shares shall not constitute a Potential Adjustment Event unless, in the opinion of the Calculation Agent, such event has a diluting or concentrative effect on the theoretical value of the Shares; (ii) “.” shall be deleted where it appears at the end of (vii) in the definition of "Potential Adjustment Event" and replaced with "; or "; and (iii) the following shall be inserted as provision (viii): "

Appears in 1 contract

Sources: Supplemental Agreement (Bank of America Corp /De/)

Partial Lookthrough. (a) The definition of “Potential Adjustment Event” in Share Linked Condition 5(a) shall be amended as follows: (i) the DR Amendment shall be made, provided that an event under (i) to (vii) of the definition of “Potential Adjustment Event” in respect of the Underlying Shares shall not constitute a Potential Adjustment Event unless, in the opinion of the Calculation Agent, such event has a diluting or concentrative effect on the theoretical value of the Shares; (ii) “.” shall be deleted where it appears at the end of (vii) in the definition of “Potential Adjustment Event” and replaced with “; or ; and (iii) the following shall be inserted as provision (viii): “

Appears in 1 contract

Sources: Supplemental Agreement to the Amended and Restated Agency Agreement (Bank of America Corp /De/)