| | | 10. Extrinsic facts.__This subsection applies whenever a | | provision of this Title permits any of the terms of a plan or a | | filed document to be dependent on facts objectively ascertainable | | outside the plan or filed document. |
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| | | A.__The manner in which the facts will operate upon the | | terms of the plan or filed document must be set forth in the | | plan or filed document. |
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| | | B.__The facts upon which the terms of a plan or filed | | document depend may include, but are not limited to: |
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| | | (1)__Any of the following that is available in a | | nationally recognized news or information medium either | | in print or electronically: |
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| | | (a)__Statistical or market indices; |
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| | | (b)__Market prices of any security or group of | | securities; |
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| | | (d)__Currency exchange rates; or |
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| | | (e)__Similar economic or financial data; |
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| | | (2)__A determination or action by any person or body, | | including the corporation or any other party to a plan | | or filed document; or |
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| | | (3)__The terms of, or actions taken under, an agreement | | to which the corporation is a party or any other | | agreement or document. |
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| | | C.__As used in this subsection: |
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| | | (1)__"Filed document" means a document filed with the | | Secretary of State under any provision of this Title | | except chapter 15 or section 1621; and |
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| | | (2)__"Plan" means a plan of domestication, nonprofit | | conversion, entity conversion, merger or share | | exchange. |
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| | | D. The following provisions of a plan or filed document may | | not be made dependent on facts outside the plan or filed | | document: |
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