Other Applicable Provisions. If Net Share Settlement is applicable, the provisions of Sections 9.1(c), 9.8, 9.9, 9.11 and 9.12 of the Equity Definitions will be applicable. Representation and Agreement: Notwithstanding Section 9.11 of the Equity Definitions, the parties acknowledge that any Shares delivered to Dealer may be, upon delivery, subject to restrictions and limitations arising from Company’s status as issuer of the Shares under applicable securities laws.
Appears in 8 contracts
Samples: Warrant Agreement (Chart Industries Inc), Warrant Agreement (Chart Industries Inc), Warrant Agreement (Chart Industries Inc)
Other Applicable Provisions. If Net Share Settlement is applicable, the The provisions of Sections 9.1(c), 9.8, 9.9, 9.11 and 9.12 of the Equity Definitions will be applicable, as if Physical Settlement applied to the Transaction. Representation and Agreement: Notwithstanding Section 9.11 of the Equity Definitions, the parties acknowledge that any Shares delivered to Dealer may be, upon delivery, subject to restrictions and limitations arising from Company’s status as issuer Issuer of the Shares under applicable securities laws.
Appears in 8 contracts
Samples: Warrant Agreement (AOL Inc.), Warrant Agreement (AOL Inc.), Warrant Agreement (AOL Inc.)
Other Applicable Provisions. If Net Share Settlement is applicable, the provisions of Sections 9.1(c), 9.8, 9.9, 9.11 (as modified below), 9.12 and 9.12 10.5 of the Equity Definitions will be applicable as if Physical Settlement were applicable. Representation and Agreement: Notwithstanding Section 9.11 of the Equity Definitions, the parties acknowledge that any Shares delivered to Dealer may be, upon delivery, subject to restrictions and limitations arising from Company’s status as issuer of the Shares under applicable securities laws.
Appears in 4 contracts
Samples: Warrant Agreement (Integra Lifesciences Holdings Corp), Warrant Agreement (Integra Lifesciences Holdings Corp), Warrant Agreement (Integra Lifesciences Holdings Corp)
Other Applicable Provisions. If Net Share Settlement is applicable, the provisions of Sections 9.1(c), 9.8, 9.9, 9.11 (as modified herein), 9.12 and 9.12 10.5 of the Equity Definitions will be applicable as if Physical Settlement were applicable. Representation and Agreement: Notwithstanding Section 9.11 of the Equity Definitions, the parties acknowledge that any Shares delivered to Dealer may be, upon delivery, subject to restrictions and limitations arising under applicable securities laws from Company’s status as issuer of the Shares under applicable securities lawsShares.
Appears in 3 contracts
Samples: Warrant Agreement (Wyndham Worldwide Corp), Warrant Agreement (Wyndham Worldwide Corp), Warrant Agreement (Wyndham Worldwide Corp)
Other Applicable Provisions. If Net Share Settlement is applicable, the The provisions of Sections 9.1(c), 9.8, 9.9, 9.11 9.10, and 9.12 of the Equity Definitions will be applicable. applicable to any Net Share Settlement, as if “Physical Settlement” applied to the Transaction; and provided that the Representation and Agreement: Notwithstanding Agreement contained in Section 9.11 of the Equity DefinitionsDefinitions shall be modified by excluding any representations therein relating to restrictions, obligations, limitations or requirements under applicable securities laws as a result of the parties acknowledge fact that any Shares delivered to Dealer may be, upon delivery, subject to restrictions and limitations arising from Company’s status as Buyer is the issuer of the Shares under applicable securities laws.Shares. Failure to Deliver: Applicable
Appears in 1 contract
Samples: Convertible Note Hedge Transaction (Cadence Design Systems Inc)
