Common use of Failure to Deliver a Conversion Shares Settlement Notice Clause in Contracts

Failure to Deliver a Conversion Shares Settlement Notice. If any Holder or Beneficial Owner (or custodian, nominee, broker or other representative thereof) fails to deliver a Conversion Shares Settlement Notice and the relevant Securities, if applicable, to the Conversion Shares Depository on or before the Notice Cut-off Date, the Conversion Shares Depository shall continue to hold the Conversion Shares or any Conversion Shares Component, as applicable to such Holder or Beneficial Owner, until a Conversion Shares Settlement Notice (and the relevant Securities, if applicable) is so delivered; provided, however, that the relevant Securities shall be cancelled on the Final Cancellation Date, and any Holder or Beneficial Owner (or custodian, nominee, broker or other representative thereof) of Securities delivering a Conversion Shares Settlement Notice after the Notice Cut-off Date shall be required provide evidence of its entitlement to the relevant Conversion Shares or the Conversion Shares Component of any Conversion Shares Offer Consideration, as applicable, satisfactory to the Conversion Shares Depository in its sole and absolute discretion in order to receive delivery of such Conversion Shares or of the Conversion Shares Component of any Conversion Shares Offer Consideration, as applicable. The Company shall have no liability to any Holder or Beneficial Owner of the Securities for any loss resulting from such Holder’s or Beneficial Owner’s failure to receive any Conversion Shares or Conversion Shares Component of any Conversion Shares Offer Consideration, as applicable, or from any delay in the receipt thereof, in each case as a result of such Holder or Beneficial Owner (or custodian, nominee, broker or other representative thereof) failing to duly submit a Conversion Shares Settlement Notice and the relevant Securities, if applicable, on a timely basis or at all.

Failure to Deliver a Conversion Shares Settlement Notice. If any Holder or Beneficial Owner (or custodian, nominee, broker or other representative thereof) fails to deliver a Conversion Shares Settlement Notice and the relevant Securities, if applicable, to the Conversion Shares Depository on or before the Notice Cut-off Date, the Conversion Shares Depository shall continue to hold the Conversion Shares or any Conversion Shares Component, as applicable to such Holder or Beneficial Owner, until a Conversion Shares Settlement Notice (and the relevant Securities, if applicable) is so delivered; provided, however, that the relevant Securities shall be cancelled on the Final Cancellation Date, and any Holder or Beneficial Owner (or custodian, nominee, broker or other representative thereof) of Securities delivering a Conversion Shares Settlement Notice after the Notice Cut-off Date shall be required provide evidence of its entitlement to the relevant Conversion Shares or the Conversion Shares Component that portion, if any, of any Conversion Shares Offer ConsiderationConsideration consisting of Conversion Shares, as applicable, satisfactory to the Conversion Shares Depository in its sole and absolute discretion in order to receive delivery of such Conversion Shares or of the Conversion Shares Component that portion, if any, of any Conversion Shares Offer ConsiderationConsideration consisting of Conversion Shares, as applicable. The Company shall have no liability to any Holder or Beneficial Owner of the Securities for any loss resulting from such Holder’s or Beneficial Owner’s failure to receive any Conversion Shares or Conversion Shares Component that portion, if any, of any Conversion Shares Offer ConsiderationConsideration consisting of Conversion Shares, as applicable, or from any delay in the receipt thereof, in each case as a result of such Holder or Beneficial Owner (or custodian, nominee, broker or other representative thereof) failing to duly submit a Conversion Shares Settlement Notice and the relevant Securities, if applicable, on a timely basis or at all.

Failure to Deliver a Conversion Shares Settlement Notice. If any Holder or Beneficial Owner (or custodian, nominee, broker or other representative thereof) fails to deliver a Conversion Shares Settlement Notice and the relevant SecuritiesConverted Notes, if applicable, are not delivered to the Conversion Shares Depository Issuer on or before the Notice Cut-off Date, then the Conversion Shares Depository shall continue relating to hold the Conversion Shares or any Conversion Shares Componentsuch Converted Notes will, as applicable to of the Notice Cut-off Date, be held by the Trustee on behalf of the relevant Holder of Converted Notes or, in the case of any Excess Shares, the future purchasers of such Holder or Beneficial OwnerExcess Shares, through the Nominee Company until a the relevant Conversion Shares Settlement Notice (and the relevant SecuritiesConverted Notes, if applicable) is , are so delivered; provided. However, however, that the relevant Securities Converted Notes shall be cancelled on the Final Cancellation Date, Date and any Holder or Beneficial Owner (or custodian, nominee, broker or other representative thereof) of Securities Notes delivering a Conversion Shares Settlement Notice after the Notice Cut-off Date shall be required will have to provide evidence of its entitlement to the relevant Conversion Shares or the Conversion Shares Component of any Conversion Shares Offer Consideration, as applicable, satisfactory to the Conversion Shares Depository Issuer in its sole and absolute discretion in order to receive delivery of such Conversion Shares or of the Conversion Shares Component of and any Conversion Shares Offer Consideration, as applicable. The Company Issuer shall have no liability to any Holder or Beneficial Owner of the Securities Notes for any loss resulting from such Holder’s or Beneficial Owner’s failure to receive Holder not receiving any Conversion Shares or Conversion Shares Component of any Conversion Shares Offer Consideration, as applicable, Consideration or from any delay in the receipt thereof, in each case as a result of such Holder or Beneficial Owner (or custodian, nominee, broker or other representative thereof) failing to duly submit a Conversion Shares Settlement Notice and the relevant SecuritiesNotes, if applicable, on a timely basis or at all. In the event that the Trustee holds Conversion Shares pursuant to this Indenture and the related Holder does not submit a Conversion Share Settlement Notice by the first anniversary of the Capital Adequacy Trigger Event, the Trustee shall, promptly after such anniversary, return the Conversion Shares to the Issuer, who will hold and record them as treasury shares, and will re- issue and deliver them (excluding any Excess Shares, in respect of which a Conversion Shares Offer will be made by the Trustee) to the Holders against (a) sufficient evidence, at the Issuer's sole discretion, of such Xxxxxx’s holding of Converted Notes, and (b) delivery of a Conversion Shares Settlement Notice, and the relevant Converted Notes, if applicable.

Failure to Deliver a Conversion Shares Settlement Notice. If any Holder or Beneficial Owner (or custodian, nominee, broker or other representative thereof) fails to deliver a Conversion Shares Settlement Notice and the relevant SecuritiesConverted Notes, if applicable, are not delivered to the Conversion Shares Depository Issuer on or before the Notice Cut-off Date, then the Conversion Shares Depository shall continue relating to hold the Conversion Shares or any Conversion Shares Componentsuch Converted Notes will, as applicable to of the Notice Cut-off Date, be held by the Trustee on behalf of the relevant Holder of Converted Notes or, in the case of any Excess Shares, the future purchasers of such Holder or Beneficial OwnerExcess Shares, through the Nominee Company until a the relevant Conversion Shares Settlement Notice (and the relevant SecuritiesConverted Notes, if applicable) is , are so delivered; provideddelivered.‌ However, however, that the relevant Securities Converted Notes shall be cancelled on the Final Cancellation Date, Date and any Holder or Beneficial Owner (or custodian, nominee, broker or other representative thereof) of Securities Notes delivering a Conversion Shares Settlement Notice after the Notice Cut-off Date shall be required will have to provide evidence of its entitlement to the relevant Conversion Shares or the Conversion Shares Component of any Conversion Shares Offer Consideration, as applicable, satisfactory to the Conversion Shares Depository Issuer in its sole and absolute discretion in order to receive delivery of such Conversion Shares or of the Conversion Shares Component of and any Conversion Shares Offer Consideration, as applicable. The Company Issuer shall have no liability to any Holder or Beneficial Owner of the Securities Notes for any loss resulting from such Holder’s or Beneficial Owner’s failure to receive Holder not receiving any Conversion Shares or Conversion Shares Component of any Conversion Shares Offer Consideration, as applicable, Consideration or from any delay in the receipt thereof, in each case as a result of such Holder or Beneficial Owner (or custodian, nominee, broker or other representative thereof) failing to duly submit a Conversion Shares Settlement Notice and the relevant SecuritiesNotes, if applicable, on a timely basis or at all.. In the event that the Trustee holds Conversion Shares pursuant to this Indenture and the related Holder does not submit a Conversion Share Settlement Notice by the first anniversary of the Capital Adequacy Trigger Event, the Trustee shall, promptly after such anniversary, return the Conversion Shares to the Issuer, who will hold and record them as treasury shares, and will re- issue and deliver them (excluding any Excess Shares, in respect of which a Conversion Shares Offer will be made by the Trustee) to the Holders against (a) sufficient evidence, at the Issuer's sole discretion, of such Xxxxxx’s holding of Converted Notes, and (b) delivery of a Conversion Shares Settlement Notice, and the relevant Converted Notes, if applicable. ANTI-DILUTION ADJUSTMENTS‌