Common use of Conversion Procedure; Settlement Upon Conversion Clause in Contracts

Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 9.02, Section 9.03(b) and Section 9.07(a), upon conversion of any Note, the Company shall, at its election, pay or deliver, as the case may be, to the converting Holder, in full satisfaction of its Conversion Obligation, cash (“Cash Settlement”), shares of Common Stock (“Physical Settlement”) or a combination of cash and shares of Common Stock (“Combination Settlement”), as set forth in this Section 9.02.

Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 9.0214.02, Section 9.03(b14.03(b) and Section 9.07(a14.07(a), upon conversion of any Note, the Company shall, at its election, pay or deliver, as the case may be, to the converting Holder, in full satisfaction of its Conversion Obligation, cash (“Cash Settlement”), shares of the Common Stock (“Physical Settlement”) or a combination of cash and shares of the Common Stock (“Combination Settlement”), as set forth in this Section 9.0214.02.

Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 9.0214.02, Section 9.03(b14.03(b) and Section 9.07(a14.07(a), upon conversion of any Note, the Company shall, at its election, pay or deliver, as the case may be, to the converting Holder, in full satisfaction of its Conversion Obligation, cash (“Cash Settlement”), shares of the Class A Common Stock (“Physical Settlement”) or a combination of cash and shares of the Class A Common Stock (“Combination Settlement”), as set forth in this Section 9.0214.02.

Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 9.025.02, Section 9.03(b5.03(b) and Section 9.07(a5.07(a), upon conversion of any Note, the Company shall, at its election, pay or deliver, as the case may be, to the converting Holder, in full satisfaction of its Conversion Obligation, cash (“Cash Settlement”), shares of Common Stock (“Physical Settlement”) or a combination of cash and shares of Common Stock (“Combination Settlement”), as set forth in this Section 9.025.02.

Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 9.02, 4.02 and Section 9.03(b4.03(b) and Section 9.07(a4.07(a), upon conversion of any Note, the Company shall, at its election, pay or deliver, as the case may be, to the converting HolderHolder of the Notes, in full satisfaction of its Conversion Obligation, cash (“Cash Settlement”), shares of Common Stock (“Physical Settlement”) or a combination of cash and shares of Common Stock (“Combination Settlement”), as set forth in this Section 9.024.02.

Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 9.02, 8.02 and Section 9.03(b8.03(b) and Section 9.07(a8.07(a), upon conversion of any Note, the Company Issuer shall, at its election, pay or deliver, as the case may be, to the converting HolderHolder of the Notes, in full satisfaction of its Conversion Obligation, cash (“Cash Settlement”), shares of Common Stock (“Physical Settlement”) or a combination of cash and shares of Common Stock (“Combination Settlement”), as set forth in this Section 9.028.02.

Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Except as provided in Section 9.02, Section 9.03(b13.03(b) and Section 9.07(a13.07(a), upon conversion of any Note, the Company shall, at its election, will pay or deliver, as the case may beapplicable, to the converting Holder, in full satisfaction of its Conversion Obligation, (x) cash (“Cash Settlement”), shares of Common Stock ; or (“Physical Settlement”y) or a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of delivering any fractional share of Common Stock in accordance with Section 13.02(k) (“Combination Settlement”), as set forth in this Section 9.02each case at the Company’s election, subject to the following.

Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 9.02, 4.02 and Section 9.03(b4.03(b) and Section 9.07(a4.07(a), upon conversion of any Note, the Company shall, at its election, pay or deliver, as the case may be, to the converting Holder, in full satisfaction of its Conversion Obligation, cash (“Cash Settlement”), shares of Common Stock (“Physical Settlement”) or a combination of cash and shares of Common Stock (“Combination Settlement”), as set forth in this Section 9.024.02.

Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Except as provided in Section 9.02, Section 9.03(b13.03(b) and Section 9.07(a13.07(a), upon conversion of any Note, the Company shall, at its election, shall pay or deliver, as the case may be, to the converting Holder, in full satisfaction of its Conversion Obligation, solely cash (“Cash Settlement”), shares of Common Stock (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 13.02 (“Combination Settlement”), at the Company’s election, as set forth in this Section 9.02the case may be, as described below.

Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 9.0214.02, Section 9.03(b14.03(b) and Section 9.07(a14.07(a), upon conversion of any Note, the Company shall, at its election, pay or deliver, as the case may be, to the converting Holder, in full satisfaction of its Conversion Obligation, cash (“Cash Settlement”), shares of Common Stock (“Physical Settlement”) or a combination of cash and shares of Common Stock (“Combination Settlement”), as set forth in this Section 9.0214.02.