Common use of Delivery Upon Settlement of the Purchase Contracts Clause in Contracts

Delivery Upon Settlement of the Purchase Contracts. (a) On the applicable Settlement Date, the Company shall issue and deliver to the Purchase Contract Agent, for the benefit of the Holders of the Outstanding Purchase Contracts, or, in the case of an Early Settlement or an Early Settlement in connection with a Fundamental Change, for the benefit of the Holders of the Purchase Contracts that have elected such Early Settlement or Early Settlement in connection with a Fundamental Change, the aggregate number of shares of Common Stock to which such Holders are entitled hereunder, registered in the name of the Purchase Contract Agent (or its nominee) as custodian for the Holders (such shares of Common Stock, together with any dividends or distributions for which a payment date has occurred on or prior to the applicable Settlement Date with respect to any dividend or distribution having a Record Date on or after the applicable Determination Date, the “Purchase Contract Settlement Fund”). When any shares of Common Stock are required to be delivered to a Holder pursuant to this Article 4, the Purchase Contract Agent shall deliver such shares of Common Stock together with any dividends or distributions with respect to such shares constituting part of the Purchase Contract Settlement Fund (but without interest thereon) to such Holder or such Holder’s designee and the Company shall cause any such shares to be registered in the name of such Holder or such Holder’s designee.

Appears in 2 contracts

Samples: Purchase Contract Agreement (William Lyon Homes), Purchase Contract Agreement (Thompson Creek Metals CO Inc.)

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Delivery Upon Settlement of the Purchase Contracts. (a) On the each applicable Settlement Date (or, with respect to an Early Settlement Exercise Date or a Fundamental Change Early Settlement Date, on the date provided for in the first sentence of Section 4.04(c) or in Section 5.02(f), respectively), the Company shall issue and deliver to the Purchase Contract Agent, for the benefit of the Holders of the Outstanding Purchase Contracts, or, in the case of an Early Settlement Contracts (or an Early Settlement in connection with a Fundamental Change, for the benefit of the Holders of the Purchase Contracts that have elected such Early Settlement or Early Settlement in connection with a Fundamental Changetheir designees), the aggregate number of shares of Common Stock and cash in lieu of fractional shares of Common Stock to which such Holders are entitled hereunder, registered in the name of the Purchase Contract Agent (or its nominee) as custodian for the Holders (such cash and shares of Common Stock, together with any dividends or distributions with respect to such shares for which a Record Date and payment date has occurred on or prior to the applicable Settlement Date with respect to any for such dividend or distribution having a Record Date have occurred on or after the applicable Determination Date, the “Purchase Contract Settlement Fund”). When any shares of Common Stock are cash is required to be delivered to a Holder Holders pursuant to this Article 4IV or Section 5.02, the Purchase Contract Agent shall deliver such shares of Common Stock together with cash, including any dividends or distributions with respect to such the shares constituting part of the Purchase Contract Settlement Fund (but without interest thereon) to such Holder or such Holder’s designee and Holders, in accordance with the Company shall cause any such shares to be registered in written direction of the name of such Holder or such Holder’s designeeCompany.

Appears in 2 contracts

Samples: Purchase Contract Agreement (Post Holdings, Inc.), Purchase Contract Agreement (McDermott International Inc)

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Delivery Upon Settlement of the Purchase Contracts. (a) On the applicable Settlement Date (or, with respect to an Early Settlement Exercise Date or a Fundamental Change Early Settlement Date, on the date provided for in the first sentence of Section 4.04(c) or in Section 5.02(f), respectively), the Company shall issue and deliver to the Purchase Contract Agent, for the benefit of the Holders of the Outstanding Purchase Contracts, or, in the case of an Early Settlement Contracts (or an Early Settlement in connection with a Fundamental Change, for the benefit of the Holders of the Purchase Contracts that have elected such Early Settlement or Early Settlement in connection with a Fundamental Changetheir designees), the aggregate number of shares of Common Stock and cash in lieu of fractional shares of Common Stock to which such Holders are entitled hereunder, registered in the name of the Purchase Contract Agent (or its nominee) as custodian for the Holders (such cash and shares of Common Stock, together with any dividends or distributions with respect to such shares for which a Record Date and payment date has occurred on or prior to the applicable Settlement Date with respect to any for such dividend or distribution having a Record Date have occurred on or after the applicable Determination Date, the “Purchase Contract Settlement Fund”). When any shares of Common Stock are cash is required to be delivered to a Holder Holders pursuant to this Article 4ARTICLE IV or Section 5.02, the Purchase Contract Agent shall deliver such shares of Common Stock together with cash, including any dividends or distributions with respect to such the shares constituting part of the Purchase Contract Settlement Fund (but without interest thereon) to such Holder or such Holder’s designee and Holders, in accordance with the Company shall cause any such shares to be registered in written direction of the name of such Holder or such Holder’s designeeCompany.

Appears in 1 contract

Samples: Purchase Contract Agreement (Forestar Group Inc.)

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