Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9, 9.11 (except that, with respect to any Private Placement Settlement, the Representation and Agreement contained in Section 9.11 of the Equity Definitions shall be modified by excluding any representations therein relating to restrictions, obligations, limitations or requirements under applicable securities laws arising as a result of the fact that Seller is the Issuer of the Shares) and 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 Warrant means that Net Share Settlement is applicable to that Warrant.
Appears in 7 contracts
Samples: Letter Agreement (Wright Medical Group Inc), Letter Agreement (Wright Medical Group Inc), Wright Medical Group N.V.
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9, 9.11 9.11, 9.12 and 10.5 of the Equity Definitions will be applicable (except that, with respect to any Private Placement Settlement, that the Representation and Agreement contained in Section 9.11 of the Equity Definitions shall be modified by excluding any representations therein relating to restrictions, obligations, limitations or requirements under applicable securities laws arising as a result of the fact that Seller Company is the Issuer of the Shares) Shares and 9.12 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 Warrant means that Net Share Settlement is applicable to that Warrant.
Appears in 4 contracts
Samples: Letter Agreement (Hornbeck Offshore Services Inc /La), Hornbeck Offshore Services Inc /La, Hornbeck Offshore Services Inc /La
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9, 9.11 (except that, with respect to any Private Placement Settlement, the Representation and Agreement contained in Section 9.11 of the Equity Definitions shall be modified by excluding any representations therein relating to restrictions, obligations, limitations or requirements under applicable securities laws arising as a result of the fact that Seller Counterparty is the Issuer of the Shares) and 9.12 of the Equity Definitions will be applicable, except that all references in such provisions to “Physical Settlement” and “Physically-settled” shall be read as references to “Net Share Settlement” and “Net Share Settled.” ”. “Net Share Settled” in relation to any Warrant means that Net Share Settlement is applicable to that such Warrant.
Appears in 3 contracts
Samples: Medicis Pharmaceutical Corp, Medicis Pharmaceutical Corp, Medicis Pharmaceutical Corp
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9, 9.11 (except that, with respect to any Private Placement Settlement, the Representation and Agreement contained in Section 9.11 of the Equity Definitions shall be modified by excluding any representations therein relating to restrictions, obligations, limitations or requirements under applicable securities laws arising as a result of the fact that Seller Company is the Issuer of the Shares) and 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 Warrant means that Net Share Settlement is applicable to that Warrant.
Appears in 3 contracts
Samples: Wright Medical Group N.V., Wright Medical Group N.V., Wright Medical Group N.V.
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9, 9.11 9.11, 9.12 and 10.5 of the Equity Definitions will be applicable (except that, with respect to any Private Placement Settlement, that the Representation and Agreement contained in Section 9.11 of the Equity Definitions shall be modified by excluding any representations therein relating to restrictions, obligations, limitations or requirements under applicable securities laws arising as a result of the fact that Seller is the Issuer of the Shares) Shares and 9.12 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 Warrant means that Net Share Settlement is applicable to that Warrant.
Appears in 2 contracts
Samples: Superior Energy Services Inc, Hornbeck Offshore Services Inc /La
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9, 9.10, 9.11 (except that, with respect to any Private Placement Settlement, that the Representation and Agreement contained in Section 9.11 of the Equity Definitions shall be modified by excluding any representations therein relating to restrictions, obligations, limitations or requirements under applicable securities laws arising as a result of the fact that Seller is the Issuer of the Shares) and 9.12 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settledPhysical Settlement” or “settled by delivery” shall be read as references to “Net Share Settled.” “Net Share Settled” in relation to any Warrant means that Net Share Settlement is applicable to that such Warrant.
Appears in 1 contract
Samples: Kendle International Inc
Other Applicable Provisions. The If Net Share Settlement is applicable, the provisions of Sections 9.1(c), 9.8, 9.9, 9.11 (except that, with respect to any Private Placement Settlement, the Representation and Agreement contained in Section 9.11 of the Equity Definitions shall be modified by excluding any representations therein relating to restrictions, obligations, limitations or requirements under applicable securities laws arising as a result of the fact that Seller Counterparty is the Issuer of the Shares) and 9.12 of the Equity Definitions will be applicable, except that all references in such provisions to “Physical Settlement” and “Physically-settled” shall be read as references to “Net Share Settlement” and “Net Share Settled.” ”. “Net Share Settled” in relation to any Warrant means that Net Share Settlement is applicable to that such Warrant.
Appears in 1 contract
Samples: DISH Network CORP