SETTLEMENT DOCUMENT. The Company hereby represents and warrants as of the date hereof and covenants and agrees from and after the date hereof that none of the terms offered to the Other Investor with respect to any consent, release, amendment, settlement or waiver relating to the terms, conditions and transactions contemplated hereby (each a “Settlement Document”), is or will be more favorable to the Other Investor than those of the Investor as set forth in this Agreement. If, and whenever on or after the date hereof, the Company enters into a new Settlement Document, then (i) the Company shall provide notice thereof to the Investor immediately following the occurrence thereof and (ii) the terms and conditions of this Agreement shall be, without any further action by the Investor or the Company, automatically amended and modified in an economically and legally equivalent manner such that the Investor shall receive the benefit of the more favorable terms and/or conditions (as the case may be) set forth in such new Settlement Document, provided that upon written notice to the Company at any time the Investor may elect not to accept the benefit of any such amended or modified term or condition, in which event the term or condition contained in this Agreement shall apply to the Investor as it was in effect immediately prior to such amendment or modification as if such amendment or modification never occurred with respect to the Investor. The provisions of this Section 8 shall apply similarly and equally to each Settlement Document.
SETTLEMENT DOCUMENT. Each IHS Entity waives the benefits of any law, which may provide in substance: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Each IHS Entity understands that the facts which it believes to be true at the time of making the release provided for herein may later turn out to be different than it now believes, and that information which is not now known or suspected may later be discovered. Each IHS Entity accepts this possibility, and each IHS Entity assumes the risk of the facts turning out to be different and new information being discovered; and each IHS Entity further agrees that the release provided for herein shall in all respects continue to be effective -- and not subject to termination or rescission because of any difference in such facts or any new information. None of the IHS Entities is releasing any SNH Entity from any claims, debts, liabilities, demands, obligations, costs, expenses, actions or causes of action except as expressly provided herein or in any other Settlement Document, and the obligations under the Settlement Documents are specifically excluded from this release. Each IHS Entity further acknowledges that, from and after the Effective Time, no SNH Entity has any existing commitments, obligations or agreements to advance credits or loans, or to lease property, or make financial or other accommodations to any IHS Entity, except as may be specifically set forth in this Agreement or the other Settlement Documents. The IHS Entities hereby represent, warrant and covenant, jointly and severally, that the foregoing release and discharge is given on behalf of and shall be enforceable against, each of the IHS Releasees (as hereinafter defined).
SETTLEMENT DOCUMENT. Subject to the terms and conditions of this Agreement, the Investor promptly shall notify the Company in writing of the occurrence of the Clearing Date associated with an Advance Notice. The Pricing Period with respect to such Advance Notice shall begin on the first (1st) Trading Day immediately following the applicable Clearing Date. At the end of the Pricing Period, the Investor shall deliver to the Company a written document (each a “Settlement Document”) setting forth: (i) the amount of the Advance (taking into account any adjustments pursuant to Section 2.1 above); (ii) the Purchase Price; (iii) the Market Price (as supported by a report by Bloomberg L.P. indicating the VWAP for each of the Trading Days during the Pricing Period); and (iv) the number of Shares to be issued and subscribed for in connection with the applicable Advance (which in no event will be greater than the Ownership Limitation, the Exchange Cap, or the Registration Limitation), in each case taking into account any adjustments and/or reductions under the terms and conditions of this Agreement. The Settlement Document shall be in the form attached hereto as Exhibit “B”.
SETTLEMENT DOCUMENT. Before 5:30 p.m. local time in New York on the Advance Notice Date, the Investor shall deliver to the Company a written document in the form attached hereto as Annex B (a “Settlement Document”), setting forth the amount of the Advance (taking into account any adjustments pursuant to the provisions of Section 2.01(b)), the Purchase Price, the total number of Shares to be purchased by the Investor (which shall be determined by dividing the amount of the Advance by the Purchase Price) and a report by Bloomberg, LP indicating the VWAP for each of the Trading Days during the Pricing Period, in each case taking into account the terms and conditions of this Agreement. No fractional shares shall be issued. Fractional shares shall be rounded down to the nearest whole number. The Settlement Document shall also indicate the number of Ordinary Shares held by the Investor and its Affiliates as of such date. Promptly after receipt of the Settlement Document the Company shall review it and cause the Underwriter to review it with the goal of approving it prior to the opening of trading on the TASE on the following Trading Day.
