Delivery of the Conversion Consideration. Except as set forth in Sections 5.05(D), 5.07(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, however, that if Physical Settlement applies to the conversion of any Note with a Conversion Date that is after the Regular Record Date immediately 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 conversion no later than the Maturity Date (or, if the Maturity Date is not a Business Day, the next Business Day); and (y) the Conversion Date will instead be deemed to be the second (2nd) Business Day immediately before the Maturity Date.
Appears in 2 contracts
Samples: Indenture (Marathon Digital Holdings, Inc.), Indenture (Cryoport, Inc.)
Delivery of the Conversion Consideration. Except as set forth in Sections 5.05(D), 5.07(D5.05(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, however, provided that if with respect to conversions for which Physical Settlement applies to and the conversion of any Note with a relevant Conversion Date that is occurs after the Regular Record Date immediately before preceding the Maturity Date, then, solely for purposes of such conversion, (x) the Company such settlement will pay or deliver, as applicable, the Conversion Consideration due upon such conversion no later than 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) Business Scheduled Trading Day immediately before the Maturity Date.
Appears in 2 contracts
Samples: Indenture (Boxed, Inc.), Indenture (Seven Oaks Acquisition Corp.)
Delivery of the Conversion Consideration. Except as set forth in Sections 5.05(D)Section 4.04, 5.07(D) and 5.09Section 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, however, that if Physical Settlement applies to the conversion of any Note with a Conversion Date that is after the Regular Record Date immediately 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 conversion no later than the Maturity Date (or, if the Maturity Date is not a Business Day, the next Business Day)Date; and (y) the Conversion Date will instead be deemed to be the second (2nd) Business Day immediately before the Maturity Date.
Appears in 1 contract
Samples: Indenture (Herbalife Ltd.)
Delivery of the Conversion Consideration. Except as set forth in Sections 5.05(D5.05(A), 5.07(D5.05(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, however, that if Physical Settlement applies to the conversion of any Note with a Conversion Date that is after the Regular Record Date immediately 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 conversion no later than the Maturity Date (or, if the Maturity Date is not a Business Day, the next Business Day); and (y) the Conversion Date will instead be deemed to be the second (2nd) Business Day immediately before the Maturity Date.
Appears in 1 contract
Samples: First Supplemental Indenture (Mesa Laboratories Inc /Co)
Delivery of the Conversion Consideration. Except as set forth in Sections 5.05(D5.05(D), 5.07(D5.07(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, however, that if Physical Settlement applies to the conversion of any Note with a Conversion Date that is after the Regular Record Date immediately 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 conversion no later than the Maturity Date (or, if the Maturity Date is not a Business Day, the next Business Day); and (y) the Conversion Date will instead be deemed to be the second (2nd) Business Day immediately before the Maturity Date.
Appears in 1 contract
Samples: Indenture (Lucid Group, Inc.)