Payment of Cash in Lieu of Common Shares Sample Clauses

Payment of Cash in Lieu of Common Shares. Upon conversion, the Corporation may offer and the converting holder may agree to the delivery of cash for all or a portion of the Debentures surrendered in lieu of Common Shares.
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Payment of Cash in Lieu of Common Shares. Upon conversion and subject to Article 5, the Company may offer and the converting Holder may agree to the delivery of cash for all or a portion of the Debentures surrendered in lieu of Common Shares.
Payment of Cash in Lieu of Common Shares. Upon conversion, the Company may offer and the converting Noteholder may agree to the delivery of cash for all or a portion of the Notes surrendered in lieu of Common Shares, the cash equivalent thereto to be determined on the basis of the Fair Market Value of the Common Shares to be received upon conversion on the Date of Conversion (less applicable withholding taxes, if any).
Payment of Cash in Lieu of Common Shares. Upon conversion of the Debentures, in lieu of delivering Common Shares, the Corporation may elect to pay the holder of the Debenture cash at the option of the Corporation (the "Cash Conversion Option"). If the Corporation elects, in its sole discretion, to settle the conversion obligation in cash, settlement amounts will be computed by paying cash to the converting holder of Debentures in an amount equal to the sum of the Daily Conversion Values for each of the 10 consecutive trading days during the related Observation Period.

Related to Payment of Cash in Lieu of Common Shares

  • Cash in Lieu of Fractional Shares If Physical Settlement or Combination Settlement applies to the conversion of any Note and the number of shares of Common Stock deliverable pursuant to Section 5.03(B)(i) upon such conversion is not a whole number, then such number will be rounded down to the nearest whole number and the Company will deliver, in addition to the other consideration due upon such conversion, cash in lieu of the related fractional share in an amount equal to the product of (1) such fraction and (2) (x) the Daily VWAP on the Conversion Date for such conversion (or, if such Conversion Date is not a VWAP Trading Day, the immediately preceding VWAP Trading Day), in the case of Physical Settlement; or (y) the Daily VWAP on the last VWAP Trading Day of the Observation Period for such conversion, in the case of Combination Settlement.

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