Settlement of Cash Make-Whole Fundamental Changes. For the avoidance of doubt, if holders of Common Stock receive solely cash in a Make-Whole Fundamental Change, then, pursuant to Section 5.09, conversions of Notes will thereafter be settled no later than the second (2nd) Business Day after the relevant Conversion Date.
Appears in 11 contracts
Samples: Indenture (Vertex, Inc.), First Supplemental Indenture (Tilray Brands, Inc.), Indenture (Perficient Inc)
Settlement of Cash Make-Whole Fundamental Changes. For the avoidance of doubt, if holders of Common Stock Ordinary Shares receive solely cash in a Make-Whole Fundamental Change, then, pursuant to Section 5.09, conversions of Notes will thereafter be settled no later than the second (2nd) Business Day after the relevant Conversion Date.
Appears in 8 contracts
Samples: Indenture (SMART Global Holdings, Inc.), Indenture (SMART Global Holdings, Inc.), Indenture (Farfetch LTD)
Settlement of Cash Make-Whole Fundamental Changes. For the avoidance of doubt, if holders of Common Stock receive solely cash in a Make-Whole Fundamental Change, then, pursuant to Section 5.09, conversions of Notes will thereafter be settled no later than the second third (2nd3rd) Business Day after the relevant Conversion Date.
Appears in 6 contracts
Samples: Second Supplemental Indenture (Verastem, Inc.), First Supplemental Indenture (Cytokinetics Inc), Indenture (Inovio Pharmaceuticals, Inc.)
Settlement of Cash Make-Whole Fundamental Changes. For the avoidance of doubt, if holders of Common Stock receive solely cash in a Make-Whole Fundamental Change, then, pursuant to Section 5.09, conversions of Notes will thereafter be settled no later than the second (2nd) tenth Business Day after the relevant Conversion Date.
Appears in 5 contracts
Samples: Indenture (Edgio, Inc.), Indenture (2U, Inc.), Indenture (Limelight Networks, Inc.)
Settlement of Cash Make-Whole Fundamental Changes. For the avoidance of doubt, if holders of Common Stock receive solely cash in a Make-Whole Fundamental Change, then, pursuant to Section 5.095.08, conversions of Notes will thereafter be settled no later than the second third (2nd3rd) Business Day after the relevant Conversion Date.
Appears in 4 contracts
Samples: Indenture (NRG Energy, Inc.), Indenture (Corium International, Inc.), Indenture (Oil States International, Inc)
Settlement of Cash Make-Whole Fundamental Changes. For the avoidance of doubt, if holders of Class A Common Stock receive solely cash in connection with a Common Stock Change Event that also constitutes a Make-Whole Fundamental Change, then, pursuant to Section 5.09, conversions of Notes will thereafter be settled no later than the second (2nd) Business Day after the relevant Conversion Date.
Appears in 2 contracts
Samples: Indenture (Bloom Energy Corp), Indenture (Bloom Energy Corp)
Settlement of Cash Make-Whole Fundamental Changes. For the avoidance of doubt, if holders of Common Stock receive solely cash in connection with a Common Stock Change Event that also constitutes a Make-Whole Fundamental Change, then, pursuant to Section 5.09, conversions of Notes will thereafter be settled no later than the second (2nd) Business Day after the relevant Conversion Date.
Appears in 2 contracts
Samples: Indenture (Marathon Digital Holdings, Inc.), Indenture (Cryoport, Inc.)
Settlement of Cash Make-Whole Fundamental Changes. For the avoidance of doubt, if holders of Common Stock receive solely cash in a Make-Whole Fundamental Change, then, pursuant to Section 5.095.08, conversions of Notes will thereafter be settled no later than the second (2nd) Business Day after the relevant Conversion Date.
Appears in 2 contracts
Samples: Indenture (Guess Inc), Securities Purchase Agreement (Bristow Group Inc)
Settlement of Cash Make-Whole Fundamental Changes. For the avoidance of doubt, if holders of Common Stock receive solely cash in connection with a Common Stock Change Event that also constitutes a Make-Whole Fundamental Change, then, pursuant to Section Section 5.09, conversions of Notes will thereafter be settled no later than the second (2nd) Business Day after the relevant Conversion Date.
Appears in 1 contract
Samples: Indenture (Lucid Group, Inc.)
Settlement of Cash Make-Whole Fundamental Changes. For the avoidance of doubt, if holders of Common Stock Ordinary Shares receive solely cash in a Make-Whole Fundamental Change, then, pursuant to Section 5.09, conversions of Notes will thereafter be settled no later than the second (2nd) Business Day after the relevant Conversion Date.. FullDPWPathandDateText US-DOCS\113092644.12
Appears in 1 contract
Samples: Indenture (Farfetch LTD)
Settlement of Cash Make-Whole Fundamental Changes. For the avoidance of doubt, if holders of Common Stock receive solely cash in a Make-Whole Fundamental Change, then, pursuant to Section 5.09, conversions of Notes will thereafter be settled no later than the second (2nd) Business Day after the relevant Conversion Date. Table of Contents SECTION 5.08. [RESERVED].
Appears in 1 contract
Samples: Indenture (Omeros Corp)
Settlement of Cash Make-Whole Fundamental Changes. For the avoidance of doubt, if holders of Common Stock receive solely cash in a Make-Whole Fundamental Change, then, pursuant to Section 5.095.08, conversions of Notes will thereafter be settled no later than on the second (2nd) Business Day after the relevant Conversion Date.
Appears in 1 contract
Samples: Indenture (K2m Group Holdings, Inc.)
Settlement of Cash Make-Whole Fundamental Changes. For the avoidance of doubt, if holders of Common Stock receive solely cash in a Make-Whole Fundamental Change, then, pursuant to Section 5.09, then conversions of Notes will thereafter be settled no later than the second (2nd) Business Day after the relevant Conversion Datepursuant to Section 5.08(A)(2).
Appears in 1 contract
Settlement of Cash Make-Whole Fundamental Changes. For the avoidance of doubt, if holders of Common Stock receive solely cash in a Make-Whole Fundamental Change, then, pursuant to Section 5.095.08, conversions of Notes will thereafter be settled no later than on the second third (2nd3rd) Business Day after the relevant Conversion Date.
Appears in 1 contract
Samples: Indenture (K2m Group Holdings, Inc.)
Settlement of Cash Make-Whole Fundamental Changes. For the avoidance of doubt, if holders of Common Stock receive solely cash in a Make-Whole Fundamental Change, then, pursuant to Section 5.095.08, conversions of Notes will thereafter be settled no later than the second (2nd) Business Day after the relevant Conversion Date.
Appears in 1 contract
