Cash Alternative Election Sample Clauses

Cash Alternative Election. (a) Upon exercise of a Conversion Right, the Issuer may make an election (a “Cash Alternative Election”) by giving notice (a “Cash Alternative Election Notice”) to the relevant Bondholder by not later than the date (the “Cash Election Date”) falling four Dealing Days after the relevant Conversion Date (with a copy to the Calculation Agent) to satisfy the exercise of the Conversion Right in respect of the relevant Bonds by (i) making payment, or procuring that payment is made, to the relevant Bondholder of the Cash Alternative Amount in respect of the Cash Settled ADSs in respect of such exercise as specified in the relevant Cash Alternative Election Notice, and (ii) where the Cash Settled ADSs are less than the Reference ADSs in respect of the relevant exercise of Conversion Rights, by issuing or transferring and delivering the Physically Settled ADSs, together in any such case with any other amount payable by the Issuer to such Bondholder pursuant to these Conditions in respect of or relating to the relevant exercise of Conversion Rights, including any interest payable pursuant to Condition 6.13. (b) The Cash Alternative Election Notice shall be irrevocable and shall specify: (i) the Conversion Price in effect on the relevant Conversion Date and the number of Reference ADSs in respect of such exercise of Conversion Rights; (ii) the number of Cash Settled ADSs in respect of the relevant exercise of Conversion Rights, by reference to which the Cash Alternative Amount is to be calculated; and (iii) if the number of Cash Settled ADSs (determined as aforesaid) is less than the number of Reference ADSs in respect of the relevant exercise of Conversion Rights, the number of Physically Settled ADSs to be transferred and delivered by the Issuer to the relevant Bondholder in respect of such exercise. (c) The Issuer will pay the Cash Alternative Amount not later than three New York business days following the last day of the Cash Alternative Calculation Period by transfer to a US Dollar bank account in accordance with the Payment Details. (d) If there is a Retroactive Adjustment to the Conversion Price following the exercise of Conversion Rights by a Bondholder in circumstances where (x) a Cash Alternative Election is made in respect of such exercise and (y) if any Dealing Day comprised in the Cash Alternative Calculation Period in respect of such exercise of Conversion Rights falls on or after the Applicable Adjustment Reference Date in respect of such Retroactive ...

Cash Alternative Election. If the Issuer does make a Cash Alternative Election in respect of the relevant Unconverted Notes then, subject to: (i) the deduction by the Trustee of any amount which it determines to be payable in respect of its liability to taxation or the payment of any capital, stamp, issue or registration duties (if any); (ii) the deduction by the Trustee of any costs incurred by or on behalf of the Trustee and/or the Paying and Conversion Agents (if any) in connection with such conversion; and (iii) the deduction by the Trustee (and payment thereof to the Issuer) of an amount equal to the amount of any interest paid by the Issuer on the Unconverted Notes in respect of any Interest Payment Date falling on or after the relevant Conversion Date but before the relevant redemption date, the Cash Alternative Amount paid to the Trustee together with accrued interest (if any) payable under Condition 16(e) (Rights Arising on Conversion - Interest upon conversion due to early redemption) in respect of such Unconverted Notes shall be held by or on behalf of the Trustee and distributed rateably to the holders of such Unconverted Notes against due presentation in accordance with Condition 8 (Payments) or in such other manner as the Trustee may determine. Such Cash Alternative Amount (together with any such accrued interest) shall be treated for all purposes as the full amount due from the Issuer in respect of such Unconverted Notes.

Cash Alternative Election. If the VWAP of the ADSs on the Conversion Date is lower than the VWAP of the ADSs on the Original Issue Date, upon receiving a Conversion Notice, the Company may, at its sole option, make an election (the “Cash Alternative Election”) to satisfy the exercise of the Conversion Right in respect of such Conversion Notice, in whole and not in part, by paying the Cash Alternative Amount to such converting Holder. The Company will inform the Holder of its exercise of the Cash Alternative Election by giving notice to the Holder in the form attached hereto as Exhibit B (the “Cash Alternative Election Notice”) within two Business Days after the Receipt Confirmation Date.