Common use of Settlement Method Clause in Contracts

Settlement Method. For any Option, Net Share Settlement; provided that Counterparty may elect Cash Settlement or Combination Settlement for such Option if the Settlement Method Election Conditions have been satisfied and Counterparty shall have notified Dealer of the Settlement Method in the Notice of Exercise or Notice of Final Settlement Method, as applicable, for such Option; provided further that if Counterparty has elected to settle its conversion obligations in respect of the related Convertible Notes (A) entirely in Shares pursuant to Section 13.02(a) of the Indenture (together with cash in lieu of fractional Shares) (such settlement method, “Settlement in Shares”), or (B)(x) in a combination of cash and Shares pursuant to Section 13.02(a) of the Indenture with a Specified Option Cash Amount (as defined below) less than USD 1,000 (such settlement method, “Low Cash Combination Settlement”), or (y) in a combination of cash and Shares pursuant to Section 13.02(a) of the Indenture with a Specified Option Cash Amount (as defined below) equal to USD 1,000, then, in each case, the relevant Settlement Method for such Option shall be Net Share Settlement.

Settlement Method. For any Option, Net Share Settlement; provided that Counterparty may elect Cash Settlement or Combination Settlement for such Option if the Settlement Method Election Conditions have been satisfied and Counterparty shall have notified Dealer of the Settlement Method in the Notice of Exercise or Notice of Final Settlement Method, as applicable, for such Option; provided further that if Counterparty has elected to settle its conversion obligations in respect of the related Convertible Notes (A) entirely in Shares pursuant to Section 13.02(a14.02(a) of the Indenture (together with cash in lieu of fractional Shares) (such settlement method, “Settlement in Shares”), or (B)(x) in a combination of cash and Shares pursuant to Section 13.02(a14.02(a) of the Indenture with a Specified Option Cash Amount (as defined below) less than USD 1,000 (such settlement method, “Low Cash Combination Settlement”), or (y) in a combination of cash and Shares pursuant to Section 13.02(a14.02(a) of the Indenture with a Specified Option Cash Amount (as defined below) equal to USD 1,000, then, in each case, the relevant Settlement Method for such Option shall be Net Share Settlement.

Settlement Method. For any Option, Net Share Settlement; provided that Counterparty may elect Cash Settlement or Combination Settlement for such Option if the Settlement Method Election Conditions have been satisfied and Counterparty shall have notified Dealer of the Settlement Method in the Notice of Exercise or Notice of Final Settlement Method, as applicable, for such Option; provided further that if Counterparty has elected to settle its conversion obligations in respect of the related Convertible Notes (A) entirely in Shares pursuant to Section 13.02(a14.02(a)(iv)(A) of the Indenture (together with cash in lieu of fractional Shares) (such settlement method, “Settlement in Shares”), or (B)(x) in a combination of cash and Shares pursuant to Section 13.02(a14.02(a)(iv)(C) of the Indenture with a Specified Option Cash Amount (as defined below) less than USD 1,000 (such settlement method, “Low Cash Combination Settlement”), or (y) in a combination of cash and Shares pursuant to Section 13.02(a14.02(a)(iv)(C) of the Indenture with a Specified Option Cash Amount (as defined below) equal to USD 1,000, then, in each case, the relevant Settlement Method for such Option shall be Net Share Settlement.

Settlement Method. For any Option, Net Share Settlement; provided that Counterparty may elect Cash Settlement or Combination Settlement for such Option if the Settlement Method Election Conditions have been satisfied and Counterparty shall have notified Dealer of the Settlement Method in the Notice of Exercise or Notice of Final Settlement Method, as applicable, for such Option; provided further that if Counterparty has elected (or is deemed to have elected) to settle its conversion obligations in respect of the related Convertible Notes (Ai) entirely in Shares pursuant to Section 13.02(a14.02(a)(iv)(A) of the Indenture (together with cash in lieu of fractional Shares) (such settlement method, “Settlement in Shares”), or (B)(xii)(x) in a combination of cash and Shares pursuant to Section 13.02(a14.02(a)(iv)(C) of the Indenture with a Specified Option Cash Amount (as defined below) less than USD 1,000 (such settlement method, “Low Cash Combination Settlement”), or (y) in a combination of cash and Shares pursuant to Section 13.02(a14.02(a)(iv)(C) of the Indenture with a Specified Option Cash Amount (as defined below) equal to USD 1,000, then, in each case, the relevant Settlement Method for such Option shall be Net Share Settlement.

Settlement Method. For any Option, Net Share Settlement; provided that Counterparty may elect Cash Settlement or Combination Settlement for such Option if the Settlement Method Election Conditions have been satisfied and Counterparty shall have notified Dealer of the Settlement Method in the Notice of Exercise or Notice of Final Settlement Method, as applicable, for such Option; provided further that if Counterparty has elected to settle its conversion obligations in respect of the related Convertible Notes (A) entirely in Shares pursuant to Section 13.02(a14.02(a)(iv)(A) of the Indenture (together with cash in lieu of fractional Shares) (such settlement method, “Settlement in Shares”), or (B)(xB) (x) in a combination of cash and Shares pursuant to Section 13.02(a14.02(a)(iv)(C) of the Indenture with a Specified Option Cash Amount (as defined below) less than USD 1,000 (such settlement method, “Low Cash Combination Settlement”), or (y) in a combination of cash and Shares pursuant to Section 13.02(a14.02(a)(iv)(C) of the Indenture with a Specified Option Cash Amount (as defined below) equal to USD 1,000, then, in each case, the relevant Settlement Method for such Option shall be Net Share Settlement.

Settlement Method. For any Option, Net Share Settlement; provided that Counterparty may elect Cash Settlement or Combination Settlement for such Option if the Settlement Method Election Conditions have been satisfied and Counterparty or the Trustee on behalf of Counterparty shall have notified Dealer of the Settlement Method in the Notice of Exercise or Notice of Final Settlement Method, as applicable, for such Option; provided further that if Counterparty has elected to settle its conversion obligations in respect of the related Convertible Notes (A) entirely in Shares pursuant to Section 13.02(a14.02(a) of the Indenture (together with cash in lieu of fractional Shares) (such settlement method, “"Settlement in Shares”"), or (B)(x) in a combination of cash and Shares pursuant to Section 13.02(a14.02(a) of the Indenture with a Specified Option Cash Amount (as defined below) less than USD 1,000 (such settlement method, “"Low Cash Combination Settlement”"), or (y) in a combination of cash and Shares pursuant to Section 13.02(a14.02(a) of the Indenture with a Specified Option Cash Amount (as defined below) equal to USD 1,000, then, in each case, the relevant Settlement Method for such Option shall be Net Share Settlement.