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) solely cash as provided in Section 5.03(B)(i)(1) (a “Cash Settlement”); or (y) 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)(2) (a “Combination Settlement”).
Appears in 13 contracts
Samples: Indenture (Progress Software Corp /Ma), Indenture (Winnebago Industries Inc), Indenture (Air Transport Services Group, 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) solely cash as provided in Section 5.03(B)(i)(1) (a “Cash Settlement”); or (y) 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)(2) (a “Combination Settlement”).. The Company will have the right to elect the Settlement Method applicable to any conversion of a Note; provided, however, that:
Appears in 3 contracts
Samples: Indenture (Halozyme Therapeutics, Inc.), SoFi Technologies, Inc., Halozyme Therapeutics, Inc.
Settlement Method. Upon Subject to Section 5.01(D), 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) solely cash as provided in Section 5.03(B)(i)(1) (a “Cash Settlement”); or (y) 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)(2) (a “Combination Settlement”).
Appears in 3 contracts
Samples: Indenture (SB/RH Holdings, LLC), Indenture (Rexford Industrial Realty, Inc.), Indenture (Rexford Industrial Realty, 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) solely cash as provided in Section 5.03(B)(i)(1) (a “Cash Settlement”); or (y) a combination of cash (in no event with a Specified Dollar Amount less than $1,000 per $1,000 principal amount of Notes) and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(2) (a “Combination Settlement”).. The Company will have the right to elect the Settlement Method applicable to any conversion of a Note; provided, however, that:
Appears in 2 contracts
Samples: Indenture (Haemonetics Corp), Indenture (Haemonetics Corp)
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 5V, either (x) solely cash as provided in Section 5.03(B)(i)(15.03(b)(i)(A) (a “Cash Settlement”); or (y) 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)(25.03(b)(i)(B) (a “Combination Settlement”).
Appears in 1 contract
Samples: Indenture (Redwood Trust 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) solely cash as provided in Section 5.03(B)(i)(1) (a “Cash Settlement”); or (y) 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)(2) (a “Combination Settlement”).
Appears in 1 contract
Samples: Indenture (Ugi Corp /Pa/)
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 Article 5, either (x) solely cash as provided in Section Section 5.03(B)(i)(1) (a “Cash Settlement”); or (y) 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)(2) (a “Combination Settlement”).
Appears in 1 contract
Samples: Ani Pharmaceuticals Inc
Settlement Method. Upon the conversion of any Note, the Company will may choose to settle such conversion by paying or delivering, as applicable and as provided in this Article 54, either (x) solely cash as provided in Section 5.03(B)(i)(14.03(b)(i)(A) (a “Cash Settlement”); or (y) a combination of cash and shares of Common StockShares, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(24.03(b)(i)(B) (a “Combination Settlement”).
Appears in 1 contract
Samples: Indenture (Herbalife Nutrition 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) solely cash as provided in Section 5.03(B)(i)(1) (a “Cash Settlement”); or (y) a combination of cash and shares of Common StockShares, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(2) (a “Combination Settlement”).
Appears in 1 contract
Samples: Indenture (Imax Corp)
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) solely cash as provided in Section 5.03(B)(i)(1) (a “Cash Settlement”); or (y) a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares shares, as provided in Section 5.03(B)(i)(2) (a “Combination Settlement”).
Appears in 1 contract
Samples: Indenture (Osi Systems 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) solely cash as provided in Section 5.03(B)(i)(1) (a “Cash Settlement”); or (y) 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)(2) (a “Combination Settlement”).. (i) The Company’s Right to Elect
Appears in 1 contract
Samples: Progress Software Corp /Ma
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) solely cash as provided in Section 5.03(B)(i)(1) (a “Cash Settlement”); or (y) 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)(2) (a “Combination Settlement”).. The Company will have the right to elect the Settlement Method applicable to any conversion of a Note; provided, however, that:
Appears in 1 contract
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) solely cash as provided in Section 5.03(B)(i)(15.03(B)(i)(2) (a “Cash Settlement”); or (y) 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)(25.03(B)(i)(3) (a “Combination Settlement”).. The Company will have the right to elect the Settlement Method applicable to any conversion of a Note; provided, however, that:
Appears in 1 contract