Notice of Settlement Method. If Counterparty wishes to elect Combination Settlement, Counterparty must (x) notify JPMorgan in writing before 5:00 p.m. (New York time) on the Scheduled Valid Day immediately preceding the corresponding Settlement Averaging Period that Counterparty has elected Combination Settlement with respect to such Exercisable Options and (y) to the extent that Counterparty has elected Combination Settlement, represent and warrant in such notice that, at the time such election was made, Counterparty was not in possession of any material non-public information with respect to Counterparty or the Shares. Valuation Time: At the close of trading of the regular trading session on the Exchange; provided that if the principal trading session is extended, the Calculation Agent shall determine the Valuation Time in its reasonable discretion.
Notice of Settlement Method. Counterparty initially elects Low Cash Combination Settlement to settle its Conversion Obligation (as defined in the Supplemental Indenture). If Counterparty chooses to elect a different method of settlement, Counterparty must notify Bank of the newly chosen settlement method no later than the earlier of (i) 5:00 p.m. (New York City time) on the second Scheduled Trading Day immediately following the Conversion Date for the Relevant Convertible Notes to which the newly chosen settlement method is going to apply and (ii) 5:00 p.m. (New York City time) on the Scheduled Trading Day immediately preceding the Final Conversion Period; provided that it shall be a condition to Counterparty’s election of any such newly chosen settlement method that at the time of such election each of Counterparty and its affiliates is not, and Counterparty hereby represents and covenants that at such time neither of them will be, in possession of any material non-public information with respect to Counterparty or the Shares.
Notice of Settlement Method. If the Cash Percentage in respect of any Exercisable Option is greater than 0%, Combination Settlement shall apply as set forth under “Settlement Method” below and, in order to exercise such Exercisable Option, Counterparty must (i) notify Dealer in writing before 5:00 p.m. (New York City time) on the Scheduled Valid Day immediately preceding the Settlement Averaging Period for such Exercisable Option that Combination Settlement is applicable with respect to such Exercisable Option and (ii) represent and warrant to Dealer in such notice that, at the time Counterparty specified the Cash Percentage (as defined in the Supplemental Indenture) in respect of the Convertible Notes relating to such Exercisable Option pursuant to Section 4.03(c) of the Supplemental Indenture, neither Counterparty nor any of its affiliates was in possession of any material non-public information with respect to the Issuer or the Shares.
Notice of Settlement Method. If Counterparty wishes to elect Combination Settlement, Counterparty must (x) notify Citibank in writing before 5:00 p.m. (New York time) on the Scheduled Valid Day immediately preceding the corresponding Settlement Averaging Period that Counterparty has elected Combination Settlement with respect to such Exercisable Options and (y) to the extent that Counterparty has elected Combination Settlement, represent and warrant in such notice that, at the time such election was made, Counterparty was not in possession of any material non-public information with respect to Counterparty or the Shares.
Notice of Settlement Method. In order to exercise any Exercisable Options relating to Convertible Notes with a Conversion Date during the Final Conversion Period, Counterparty must notify JPMorgan before 5:00 p.m. (New York City time) on or prior to the forty-third (43rd) Scheduled Valid Day prior to the Expiration Date whether Settlement in Shares applies to the settlement of the Convertible Notes converted during the Final Conversion Period.
Notice of Settlement Method. In order to exercise any Exercisable Options relating to Convertible Notes with a Conversion Date during the Final Conversion Period, Counterparty must notify Deutsche before 5:00 p.m. (New York City time) on or prior to the forty-third (43rd) Scheduled Valid Day prior to the Expiration Date whether Settlement in Shares applies to the settlement of the Convertible Notes converted during the Final Conversion Period.
