| | 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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