If a provision of this chapter 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, the following provisions apply: (1) The manner in which the facts will operate upon the terms of the plan or filed document shall be set forth in the plan or filed document; (2) The facts may include: (a) Any of the following that are available in a nationally recognized news or information medium either in print or electronically: statistical or market indices, market prices of any security or group of securities, interest rates, currency exchange rates, or similar economic or financial data; (b) A determination or action by any person, including the corporation or any other party to a plan or filed document; or (c) The terms of, or actions taken under, an agreement to which the corporation is a party, or any other agreement or document. For the purposes of this section, a filed document is a document filed with the Office of the Secretary of State under any provision of this chapter except §§ 47-1A-1502 to 47-1A-1601 , inclusive, or §§ 47-1A-1621.1 to 47-1A-1701 , inclusive, and a plan is a plan of domestication, nonprofit conversion, entity conversion, merger, or share exchange.
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