Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 and 9.11 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Share Settled”. “Share Settled” in relation to any Option means that Net Share Settlement or Combination Settlement is applicable to that Option.
Appears in 313 contracts
Samples: Call Option Transaction (Guidewire Software, Inc.), Call Option Transaction (Ani Pharmaceuticals Inc), Base Call Option Transaction (Repay Holdings Corp)
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11 and 9.11 9.12 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Net Share Settled”. .” “Net Share Settled” in relation to any Option Warrant means that Net Share Settlement or Combination Settlement is applicable to that OptionWarrant.
Appears in 70 contracts
Samples: Warrant Agreement (Advanced Energy Industries Inc), Warrant Agreement (On Semiconductor Corp), Warrant Agreement (Realogy Group LLC)
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11, 9.12 and 9.11 10.5 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Net Share Settled”. .” “Net Share Settled” in relation to any Option Warrant means that Net Share Settlement or Combination Settlement is applicable to that OptionWarrant.
Appears in 26 contracts
Samples: Warrant Agreement (TTM Technologies Inc), Warrant Agreement (TTM Technologies Inc), Warrant Agreement (TTM Technologies Inc)
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11 and 9.11 9.12 of the Equity Definitions will be applicable, ; except that all references in such provisions to “Physically-settled” shall be read as references to “Net Share Settled”. .” “Net Share Settled” in relation to any Option Warrant means that Net Share Settlement or Combination Settlement is applicable to that OptionWarrant.
Appears in 20 contracts
Samples: Warrant Agreement (Workday, Inc.), Warrant Agreement (Workday, Inc.), Warrant Agreement (ServiceNow, Inc.)
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11, 9.12 and 9.11 10.5 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Net Share Settled”. “Net Share Settled” in relation to any Option means that Net Share Settlement or Combination Settlement is applicable to that Option.
Appears in 13 contracts
Samples: Call Option Transaction (Volcano Corp), Base Call Option Transaction (Volcano Corp), Additional Call Option Transaction (Kilroy Realty Corp)
Other Applicable Provisions. The If Net Share Settlement is applicable, the provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11 and 9.11 9.12 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Net Share Settled”. .” “Net Share Settled” in relation to any Option Warrant means that Net Share Settlement or Combination Settlement is applicable to that OptionWarrant.
Appears in 10 contracts
Samples: Warrant Agreement (Axon Enterprise, Inc.), Warrant Amendment Agreement (Kbr, Inc.), Warrant Amendment Agreement (Kbr, Inc.)
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11 and 9.11 9.12 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Share Settled”. “Share Settled” in relation to any Option means that Net Share Settlement or Combination Settlement is applicable to that Option.
Appears in 10 contracts
Samples: Call Option Transaction (Super Micro Computer, Inc.), Call Option Transaction (Sphere Entertainment Co.), Call Option Transaction (Q2 Holdings, Inc.)
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11 and 9.11 9.12 of the Equity Definitions will be applicable, except ; provided that Representation and Agreement in Section 9.11 shall be modified as provided below; and provided further that all references in such provisions to “Physically-settled” shall be read as references to “Net Share Settled”. .” “Net Share Settled” in relation to any Option Warrant means that Net Share Settlement or Combination Settlement is applicable to that OptionWarrant.
Appears in 8 contracts
Samples: Warrant Agreement (Newmont Mining Corp /De/), Warrant Agreement (Newmont Mining Corp /De/), Warrant Agreement (Newmont Mining Corp /De/)
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 and 9.11 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Share Settled”. .” “Share Settled” in relation to any Option means that Net Share Settlement or Combination Settlement is applicable to that Option.
Appears in 8 contracts
Samples: Base Call Option Transaction (Workday, Inc.), Additional Call Option Transaction (Workday, Inc.), Call Option Transaction (ServiceNow, Inc.)
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 and 9.11 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settledPhysical Settlement” shall be read as references to “Share SettledSettlement”. “Share SettledSettlement” in relation to any Option means that Net Share Settlement or Combination Settlement is applicable to that Option.
Appears in 6 contracts
Samples: Base Call Option Transaction (Atlas Air Worldwide Holdings Inc), Base Call Option Transaction (Atlas Air Worldwide Holdings Inc), Call Option Transaction (Atlas Air Worldwide Holdings Inc)
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11 and 9.11 9.12 of the Equity Definitions will be applicable, except that all references in such provisions to “"Physically-settled” " shall be read as references to “"Net Share Settled”. “." "Net Share Settled” " in relation to any Option Warrant means that Net Share Settlement or Combination Settlement is applicable to that OptionWarrant.
Appears in 4 contracts
Samples: Warrant Confirmation (Healthways, Inc), Warrant Agreement (Healthways, Inc), Warrant Agreement (Healthways, Inc)
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11 and 9.11 9.12 of the Equity Definitions will be applicable, except that all references in such provisions to “"Physically-settled” " shall be read as references to “(i) "Net Share Settled”" to the extent Net Share Settlement is applicable or (ii) "Combination Settled" to the extent Shares will be delivered in connection with an election of Combination Settlement. “"Net Share Settled” " in relation to any Option means that Net Share Settlement or Combination Settlement is applicable to that Option.. "
Appears in 3 contracts
Samples: Call Option Transaction (Legg Mason Inc), Call Option Transaction (Legg Mason Inc), Call Option Transaction (Legg Mason Inc)
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 and 9.11 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Net Share Settled”. “Net Share Settled” in relation to any Option means that Net Share Settlement or Combination Settlement is applicable to that Option.
Appears in 3 contracts
Samples: Call Option Transaction (Novavax Inc), Call Option Transaction (Horizon Pharma, Inc.), Call Option Transaction (Horizon Pharma, Inc.)
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11, 9.12 and 9.11 10.5 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Net Share Settled”. “Net Share Settled” in relation to any Option means that Net Share Settlement or Combination Settlement with a Cash Percentage less than 100% is applicable to that Option.
Appears in 3 contracts
Samples: Call Option Transaction (Gilead Sciences Inc), Call Option Transaction (Gilead Sciences Inc), Call Option Transaction (Gilead Sciences Inc)
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11, 9.12 and 9.11 10.5 of the Equity Definitions will be applicable, except that all references in such provisions to “"Physically-settled” " shall be read as references to “"Net Share Settled”. “." "Net Share Settled” " in relation to any Option Warrant means that Net Share Settlement or Combination Settlement is applicable to that OptionWarrant.
Appears in 3 contracts
Samples: Warrant Agreement (Sonosite Inc), Warrant Agreement (Chemed Corp), Warrant Agreement (Chemed Corp)
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11 and 9.11 9.12 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Net Share Settled”. “Net Share Settled” in relation to any Option means that Net Share Settlement or Combination Settlement is applicable to that Option.
Appears in 2 contracts
Samples: Call Option Transaction (Volcano Corp), Base Call Option Transaction (Volcano Corp)
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 and 9.11 of the Equity Definitions will be applicable, except that all references in such provisions to “Physical Settlement” or “Physically-settled” shall be read as references to “Share Settled”. “Share Settled” in relation to any Option means that Net Share Settlement or Combination Settlement is applicable to that Option.
Appears in 2 contracts
Samples: Call Option Transaction (Federal Realty OP LP), Call Option Transaction (Uber Technologies, Inc)
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11, 9.12 and 9.11 10.5 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-Physically- settled” shall be read as references to “Share Settled”. “Share Settled” in relation to any Option means that Net Share Settlement or Combination Settlement is applicable to that Option.
Appears in 2 contracts
Samples: Base Call Option Transaction (Navistar International Corp), Base Call Option Transaction (Navistar International Corp)
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 and 9.11 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Share Settled”. “Share Settled” in relation to any Option exercised or deemed exercised hereunder means that Net Share Settlement or Combination Settlement is applicable to that Option.
Appears in 2 contracts
Samples: Base Capped Call Option Transaction (Cowen Group, Inc.), Confirmation of Call Option Transaction (Cowen Group, Inc.)
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11, 9.12 and 9.11 10.5 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settledSettled” shall be read as references to “Net Share Settled”. “Net Share Settled” in relation to any Option means that Net Share Settlement or Combination Settlement is applicable to that Option.
Appears in 2 contracts
Samples: Call Option Transaction (Group 1 Automotive Inc), Base Call Option Transaction (Group 1 Automotive Inc)
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11, 9.12 and 9.11 10.5 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-Physically- settled” shall be read as references to “Net Share Settled”. .” “Net Share Settled” in relation to any Option Warrant means that Net Share Settlement or Combination Settlement is applicable to that OptionWarrant.
Appears in 2 contracts
Samples: Warrant Agreement (Navistar International Corp), Warrant Agreement (Navistar International Corp)
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11, 9.12 and 9.11 10.5 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settledSettled” shall be read as references to “Net Share Settled”. .” “Net Share Settled” in relation to any Option Warrant means that Net Share Settlement or Combination Settlement is applicable to that OptionWarrant.
Appears in 2 contracts
Samples: Warrant Agreement (Macrovision Solutions CORP), Warrant Agreement (Macrovision Corp)
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11 and 9.11 9.12 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to (i) “Share Settled”. “Net Share Settled” in relation to any Option means that the extent Net Share Settlement or Combination Settlement is applicable to that Option.or (ii)
Appears in 1 contract
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11, 9.12 and 9.11 10.5 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Net Share Settled”. .” “Net Share Settled” in relation to any Option means that Net Share Settlement or Combination Settlement is applicable to that Option.
Appears in 1 contract
Samples: Call Option Transaction (Caci International Inc /De/)
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11 and 9.11 9.12 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to (i) “Share Settled”. “Net Share Settled” in relation to any Option means that the extent Net Share Settlement or Combination Settlement is applicable or (ii) “Combination Settled” to that Option.the
Appears in 1 contract
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 and 9.11 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Share Settled”. “Share Settled” in relation to any Option means that Net Share Settlement or Combination Settlement is applicable to that Option.
Appears in 1 contract
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 and 9.11 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Net Share Settled”. “Net Share Settled” in relation to any Option means that Net Share Settlement or Combination Settlement is applicable to that Option.any
Appears in 1 contract
Samples: Base Call Option Transaction (Chimera Investment Corp)
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11, 9.12 and 9.11 10.5 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-Physically- settled” shall be read as references to “Net Share Settled”. “Net Share Settled” in relation to any Option means that Net Share Settlement or Combination Settlement with a Cash Percentage less than 100% is applicable to that Option.
Appears in 1 contract
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11, 9.12 and 9.11 10.5 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Net Share Settled”. “Net Share Settled” in relation to any Option means that Net Share Settlement or Combination Settlement is applicable to that Option.any
Appears in 1 contract
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11, 9.12 and 9.11 10.5 of the Equity Definitions will be applicable, except that all references in such provisions to “"Physically-settled” " shall be read as references to “"Net Share Settled”". “"Net Share Settled” " in relation to any Option means that Net Share Settlement or Combination Settlement is applicable to that Option.
Appears in 1 contract
