Common use of Default Settlement Method Clause in Contracts

Default Settlement Method. Net Share Settlement; provided however that if Counterparty specifies a Cash Percentage in accordance with Section 10.03 of the Indenture in connection with the conversion of any Convertible Notes corresponding to the Options, Counterparty shall elect Combination Settlement, consistent with the settlement method elected by Counterparty for the corresponding Convertible Notes; provided further that, if Counterparty does not provide a Notice of Combination Settlement to Dealer in compliance with the requirements set forth in “Notice of Combination Settlement” below, Net Share Settlement shall be deemed to apply to the relevant Options. Counterparty agrees not to elect to specify a Cash Percentage (as defined in the Indenture) in connection with the conversion of any Convertible Notes if Counterparty is in possession of any material non-public information with respect to Counterparty or the Shares.

Default Settlement Method. Net Share Settlement; provided however that if Counterparty specifies a Cash Percentage in accordance with Section 10.03 of the Indenture in connection with the conversion of any Convertible Notes corresponding to the Options, Counterparty shall elect Combination Settlement, consistent with the settlement method elected by Counterparty for the corresponding Convertible Notes; provided further that, if Counterparty does not provide a Notice of Combination Settlement to Dealer in compliance with the requirements set forth in “Notice of Combination Settlement” below, Net Share Settlement shall be deemed to apply to the relevant Options. Counterparty agrees not to elect to specify a Cash Percentage (as defined in the Indenture) in connection with the conversion of any Convertible Notes Notes, if Counterparty is in possession of any material non-public information with respect to Counterparty or the Shares.