Common use of Delivery of the Conversion Consideration Clause in Contracts

Delivery of the Conversion Consideration. Except as set forth in Sections 5.05(C) and 5.09, the Company will pay or deliver, as applicable, the Conversion Consideration due upon the conversion of any Note to the Holder as follows: (i) if Cash Settlement or Combination Settlement applies to such conversion, on or before the second (2nd) Business Day immediately after the last VWAP Trading Day of the Observation Period for such conversion; and (ii) if Physical Settlement applies to such conversion, on or before the second (2nd) Business Day immediately after the Conversion Date for such conversion, provided that with respect to conversions for which Physical Settlement applies and the relevant Conversion Date occurs after the Regular Record Date immediately preceding the Maturity Date, (x) such settlement will occur on the Maturity Date (or, if the Maturity Date is not a Business Day, on the next succeeding Business Day) and (y) the Conversion Date will instead be deemed to be the second (2nd) Scheduled Trading Day immediately before the Maturity Date.

Delivery of the Conversion Consideration. Except as set forth in Sections 5.05(C5.05(A), 5.05(D) and 5.09, the Company will pay or deliver, as applicable, the Conversion Consideration due upon the conversion of any Note to the Holder as follows: (i) if Cash Settlement or Combination Settlement applies to such conversion, on or before the second (2nd) Business Day immediately after the last VWAP Trading Day of the Observation Period for such conversion; and (ii) if Physical Settlement applies to such conversion, on or before the second (2nd) Business Day immediately after the Conversion Date for such conversion; provided, provided however, that with respect to conversions for which if Physical Settlement applies and to the relevant conversion of any Note with a Conversion Date occurs that is after the Regular Record Date immediately preceding before the Maturity Date, then, solely for purposes of such conversion, (x) the Company will pay or deliver, as applicable, the Conversion Consideration due upon such settlement will occur on conversion no later than the Maturity Date (or, if the Maturity Date is not a Business Day, on the next succeeding Business Day) ); and (y) the Conversion Date will instead be deemed to be the second (2nd) Scheduled Trading Business Day immediately before the Maturity Date.

Delivery of the Conversion Consideration. Except as set forth in Sections 5.05(C‎5.05(D), ‎5.07(D) and 5.09‎5.09, the Company will pay or deliver, as applicable, the Conversion Consideration due upon the conversion of any Note to the Holder as follows: (i) if Cash Settlement or Combination Settlement applies to such conversion, on or before the second (2nd) Business Day immediately after the last VWAP Trading Day of the Observation Period for such conversion; and (ii) if Physical Settlement applies to such conversion, on or before the second (2nd) Business Day immediately after the Conversion Date for such conversion; provided, provided however, that with respect to conversions for which if Physical Settlement applies and to the relevant conversion of any Note with a Conversion Date occurs that is after the Regular Record Date immediately preceding before the Maturity Date, then, solely for purposes of such conversion, (x) the Company will pay or deliver, as applicable, the Conversion Consideration due upon such settlement will occur on conversion no later than the Maturity Date (or, if the Maturity Date is not a Business Day, on the next succeeding Business Day) ); and (y) the Conversion Date will instead be deemed to be the second (2nd) Scheduled Trading Business Day immediately before the Maturity Date.

Delivery of the Conversion Consideration. Except as set forth in Sections 5.05(C) and 5.09Section 4.04, Section 4.06 or Section 4.07, the Company will pay or deliver, as applicable, to the Holder the Conversion Consideration due upon the conversion of any Note to the Holder as follows: (i) if Cash Settlement or Combination Settlement applies to such conversion, on or before the second (2nd) Business Day immediately after the last VWAP Trading Day of the Observation Period for such conversion; and (ii) if Physical Settlement applies to such conversion, on or before the second (2nd) Business Day immediately after the Conversion Date for such conversion; provided, provided however, that with respect to conversions for which if Physical Settlement applies and to the relevant conversion of any Note with a Conversion Date occurs that is after the Regular Record Date immediately preceding before the Maturity Date, then, solely for purposes of such conversion, (x) the Company will pay or deliver, as applicable, the Conversion Consideration due upon such settlement will occur on conversion no later than the Maturity Date (or, if the Maturity Date is not a Business Day, on the next succeeding Business Day) Date; and (y) the Conversion Date will instead be deemed to be the second (2nd) Scheduled Trading Business Day immediately before the Maturity Date.