Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9, 9.11 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. Representation and Agreement For the avoidance of doubt and without limitation of Section 9(k) below, 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 solely under applicable securities laws as a result of Company’s status as issuer of the Shares.
Appears in 8 contracts
Samples: Letter Agreement (Air Transport Services Group, Inc.), Letter Agreement (Air Transport Services Group, Inc.), Letter Agreement (Air Transport Services Group, Inc.)
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9, 9.11 9.11, 9.12 and 9.12 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 Warrant means that either Net Share Settlement is applicable to that WarrantWarrant or Cash Settlement is applicable to that Warrant and the Cash Percentage is less than 100%. Representation and Agreement For the avoidance of doubt and without limitation of Section 9(k) below, notwithstanding 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 solely under applicable securities laws as a result of from Company’s status as issuer of the SharesShares under applicable securities laws.
Appears in 4 contracts
Samples: Letter Agreement (Gilead Sciences Inc), Letter Agreement (Gilead Sciences Inc), Gilead Sciences Inc
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9, 9.11 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. Representation and Agreement For the avoidance of doubt and without limitation of Section 9(k) below, notwithstanding 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 solely under applicable securities laws as a result of from Company’s status as issuer of the SharesShares under applicable securities laws.
Appears in 3 contracts
Samples: On Semiconductor Corp, Letter Agreement (Molina Healthcare Inc), Letter Agreement (Molina Healthcare Inc)
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9, 9.11 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 Option means that Net Share Settlement is applicable to that WarrantOption. Representation and Agreement For the avoidance of doubt and without limitation of Section 9(k) below, notwithstanding 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 solely under applicable securities laws as a result of from Company’s status as issuer of the SharesShares under applicable securities laws.
Appears in 1 contract
Samples: Electronic Arts Inc.
Other Applicable Provisions. The 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, 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. Representation and Agreement For the avoidance of doubt and without limitation of Section 9(k) below, notwithstanding 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 solely under applicable securities laws as a result of from Company’s status as issuer of the SharesShares under applicable securities laws.
Appears in 1 contract
Samples: Letter Agreement (Yahoo Inc)
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9, 9.11 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. (NY) 27961/685/CALL.SPREAD/WMGI.WF.addtl.warrant.confirm.doc 31748424_1 Representation and Agreement For the avoidance of doubt and without limitation of Section 9(k) below, notwithstanding 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 solely under applicable securities laws as a result of from Company’s status as issuer of the SharesShares under applicable securities laws.
Appears in 1 contract