Common use of Settlement Method Clause in Contracts

Settlement Method. Upon the conversion of any Note, the Company will settle such conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(1) (a “Physical Settlement”); (y) solely cash as provided in Section 5.03(B)(i)(2) (a “Cash Settlement”); or (z) a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(3) (a “Combination Settlement”).

Appears in 47 contracts

Samples: Indenture (Fluence Energy, Inc.), Indenture (Orthopediatrics Corp), Purchase Agreement (Orthopediatrics Corp)

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Settlement Method. Upon the conversion of any Note, the Company will settle such conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) shares of Common StockOrdinary Shares, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(1) (a “Physical Settlement”); (y) solely cash as provided in Section 5.03(B)(i)(2) (a “Cash Settlement”); or (z) a combination of cash and shares of Common StockOrdinary Shares, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(3) (a “Combination Settlement”).

Appears in 4 contracts

Samples: Indenture (Maxeon Solar Technologies, Ltd.), Indenture (Maxeon Solar Technologies, Ltd.), Indenture (Maxeon Rooster HoldCo, Ltd.)

Settlement Method. Upon the conversion of any Note, the Company will settle such conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(1) (a “Physical Settlement”); (y) solely cash as provided in Section 5.03(B)(i)(25.03(B)(i)(1) (a “Cash Settlement”); or (z) a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(3) (a “Combination Settlement”).

Appears in 2 contracts

Samples: Indenture (Stem, Inc.), Indenture (Stem, Inc.)

Settlement Method. Upon the conversion of any Note, the Company will settle such conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) shares of Common Stock, together, if applicable, with cash in lieu of fractional shares shares, as provided in Section 5.03(B)(i)(1) (a “Physical Settlement”); (y) solely cash as provided in Section 5.03(B)(i)(2) (a “Cash Settlement”); or (z) a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(3) (a “Combination Settlement”).

Appears in 1 contract

Samples: Indenture (Virgin Galactic Holdings, Inc)

Settlement Method. Upon the conversion of any Note, the Company will settle such conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(15.03.(B)(i)(1) (a “Physical Settlement”); (y) solely cash as provided in Section 5.03(B)(i)(25.03.(B)(i)(2) (a “Cash Settlement”); or (z) a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(35.03.(B)(i)(3) (a “Combination Settlement”).

Appears in 1 contract

Samples: Indenture (Perficient Inc)

Settlement Method. Upon the conversion Conversion of any Note, the Company will settle such conversion Conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(1) (a “Physical Settlement”); (y) solely cash as provided in Section 5.03(B)(i)(2) (a “Cash Settlement”); or (z) a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(3) (a “Combination Settlement”).

Appears in 1 contract

Samples: Indenture (Core Scientific, Inc./Tx)

Settlement Method. Upon the conversion of any Note, the Company will settle such conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(15.03(11)(i)(1) (a “Physical Settlement”); (y) solely cash as provided in Section 5.03(B)(i)(25.03(11)(i)(2) (a “Cash Settlement”); or (z) a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(35.03(11)(i)(3) (a “Combination Settlement”).

Appears in 1 contract

Samples: Indenture (Magnite, Inc.)

Settlement Method. Upon the conversion of any Note, subject to Section 5.10, the Company will settle such conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(1) (a “Physical Settlement”); (y) solely cash as provided in Section 5.03(B)(i)(2) (a “Cash Settlement”); or (z) a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(3) (a “Combination Settlement”).

Appears in 1 contract

Samples: Indenture (BigCommerce Holdings, Inc.)

Settlement Method. Upon the conversion of any Note, the Company will settle such conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) shares of Common StockShares, together, if applicable, with cash in lieu of fractional shares Common Shares as provided in Section 5.03(B)(i)(1) (a “Physical Settlement”); (y) solely cash as provided in Section 5.03(B)(i)(2) (a “Cash Settlement”); or (z) a combination of cash and shares of Common StockShares, together, if applicable, with cash in lieu of fractional shares Common Shares as provided in Section 5.03(B)(i)(3) (a “Combination Settlement”).

Appears in 1 contract

Samples: Indenture (LumiraDx LTD)

Settlement Method. Upon the conversion of any Note, the Company will settle such conversion by paying or delivering, as applicable and as provided in this Article ‎Article 5, either (x) shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section ‎Section 5.03(B)(i)(1) (a “Physical Settlement”); (y) solely cash as provided in Section ‎Section 5.03(B)(i)(2) (a “Cash Settlement”); or (z) a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section ‎Section 5.03(B)(i)(3) (a “Combination Settlement”).

Appears in 1 contract

Samples: Indenture (Lucid Group, Inc.)

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Settlement Method. Upon the conversion Exchange of any Note, the Company will settle such conversion Exchange by paying or delivering, as applicable and as provided in this Article 5, either (x) shares of Common StockOrdinary Shares, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(1) (a “Physical Settlement”); (y) solely cash as provided in Section 5.03(B)(i)(2) (a “Cash Settlement”); or (z) a combination of cash and shares of Common StockOrdinary Shares, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(3) (a “Combination Settlement”).

Appears in 1 contract

Samples: Indenture (Spotify Technology S.A.)

Settlement Method. Upon the conversion of any Note, the Company will settle such conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) shares of Class A Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(1) (a “Physical Settlement”); (y) solely cash as provided in Section 5.03(B)(i)(2) (a “Cash Settlement”); or (z) a combination of cash and shares of Class A Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(3) (a “Combination Settlement”).

Appears in 1 contract

Samples: Indenture (Bloom Energy Corp)

Settlement Method. Upon the conversion Exchange of any Note, the Company will settle such conversion Exchange by paying or delivering, as applicable and as provided in this Article 5, either (x) shares of Common StockClass A Ordinary Shares, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(1) (a “Physical Settlement”); (y) solely cash as provided in Section 5.03(B)(i)(2) (a “Cash Settlement”); or (z) a combination of cash and shares of Common StockClass A Ordinary Shares, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(3) (a “Combination Settlement”).

Appears in 1 contract

Samples: Indenture (Pagaya Technologies Ltd.)

Settlement Method. Upon the conversion of any Note, the Company will settle such conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(15.03(C)(i)(1) (a “Physical Settlement”); (y) solely cash as provided in Section 5.03(B)(i)(25.03(C)(i)(2) (a “Cash Settlement”); or (z) a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(35.03(C)(i)(3) (a “Combination Settlement”).

Appears in 1 contract

Samples: Indenture (Super Micro Computer, Inc.)

Settlement Method. Upon the conversion of any Note, the Company will settle such conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) shares of Common StockShares, together, if applicable, with cash in lieu of fractional shares Common Shares as provided in Section 5.03(B)(i)(1) (a “Physical Settlement”); (y) solely cash as provided in Section 5.03(B)(i)(2) (a “Cash Settlement”); or (z) a combination of cash and shares of Common StockShares, together, if applicable, with cash in lieu of fractional shares Common Shares as provided in Section 5.03(B)(i)(3) (a “Combination Settlement”); provided, however, that Cash Settlement will apply to each conversion of any Note with a Conversion Date occurring before the Share Settlement Effective Date.

Appears in 1 contract

Samples: Indenture (Inotiv, Inc.)

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