Delivery or Receipt of Cash. For the avoidance of doubt, other than payment of the Prepayment Amount by Counterparty and receipt by Counterparty of any payment pursuant to the provisions under the heading “Dividends” in Section 2, nothing in this Confirmation shall be interpreted as requiring Counterparty to pay or receive cash, except in circumstances where payment or receipt of cash is within Counterparty’s control or in those circumstances in which holders of Shares would also receive cash.
Appears in 4 contracts
Samples: Forward Stock Purchase Transaction (Accelerate Diagnostics, Inc), Forward Stock Purchase Transaction (GoPro, Inc.), Forward Stock Purchase Transaction (FireEye, Inc.)
Delivery or Receipt of Cash. For the avoidance of doubt, other than payment of the Prepayment Amount by Counterparty and receipt by Counterparty of any payment pursuant to the provisions under the heading “Dividends” in Section 22 above, nothing in this Confirmation shall be interpreted as requiring Counterparty to pay or receive cash, except in circumstances where payment or receipt of cash is within Counterparty’s control or in those circumstances in which holders of Shares would also receive cash.
Appears in 1 contract
Samples: Forward Stock Purchase Transaction (Plug Power Inc)
Delivery or Receipt of Cash. For the avoidance of doubt, other than payment of the Prepayment Amount by Counterparty and receipt by Counterparty of any payment pursuant to the provisions under the heading “Dividends” in Section 22 above, nothing in this Confirmation shall be interpreted as requiring Counterparty to pay or receive cash, except in circumstances where payment or receipt of cash is within Counterparty’s 's control or in those circumstances in which holders of Shares would also receive cash.
Appears in 1 contract
Samples: Forward Stock Purchase Transaction (Esperion Therapeutics, Inc.)
