Common use of Settlement Rate Clause in Contracts

Settlement Rate. (a) Each Purchase Contract obligates the Company to deliver, on the Mandatory Settlement Date, a number of shares of Common Stock (subject to Article 5) equal to the Settlement Rate as determined by the Company, unless such Purchase Contract has settled or been redeemed prior to the Mandatory Settlement Date.

Appears in 3 contracts

Samples: Purchase Contract Agreement (Colfax CORP), Purchase Contract Agreement (International Flavors & Fragrances Inc), Purchase Contract Agreement (MTS Systems Corp)

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Settlement Rate. (a) Each Purchase Contract obligates the Company to deliver, on the Mandatory Settlement Date, a number of shares of Common Stock (subject to Section 4.04 and Article 5) equal to the Settlement Rate as determined by the Company, Company unless such Purchase Contract has settled or been redeemed settles prior to the Mandatory Settlement Date.. The “Settlement Rate” is equal to:

Appears in 2 contracts

Samples: Purchase Contract Agreement (Beazer Homes Usa Inc), Purchase Contract Agreement (Citigroup Inc)

Settlement Rate. (a) Each Purchase Contract obligates the Company to deliver, on the Mandatory Settlement Date, a number of shares of Common Stock (subject to Article 5) equal to the Settlement Rate as determined by the Company, unless such Purchase Contract has settled or been redeemed prior to the Mandatory Settlement DateDate pursuant to Section 4.04 or Section 4.05.

Appears in 2 contracts

Samples: Purchase Contract Agreement (William Lyon Homes), Purchase Contract Agreement (Thompson Creek Metals CO Inc.)

Settlement Rate. (a) Each Purchase Contract obligates shall obligate the Company to deliver, on the Mandatory Settlement Date, a number of shares of Common Stock (subject to Section 4.04 and Article 5) equal to the Settlement Rate as determined by the Companyunless, unless such Purchase Contract has settled or been redeemed prior to or on the Mandatory Settlement Date, there shall have occurred an Early Settlement or Early Mandatory Settlement Event with respect to such Purchase Contract.

Appears in 1 contract

Samples: Purchase Contract Agreement (Citigroup Inc)

Settlement Rate. (a) Each Purchase Contract obligates the Company to deliver, on the Mandatory Settlement Date, a number of shares of Common Stock (subject to Article 5Section 4.04) equal to the Settlement Rate as determined by the Company, Company unless a Holder settles such Purchase Contract has settled or been redeemed prior to the Mandatory Settlement Date.Date pursuant to Section 5.03 or Section 5.04. The “Settlement Rate” is equal to:

Appears in 1 contract

Samples: Purchase Contract Agreement (Synovus Financial Corp)

Settlement Rate. (a) Each Purchase Contract obligates the Company to deliver, on the Mandatory Settlement Date, a number of shares of Common Stock (subject to Article 5Section 4.06 and ARTICLE V) equal to the Settlement Rate as determined by the Company, Company unless such Purchase Contract has settled or been redeemed settles prior to the Mandatory Settlement Date.

Appears in 1 contract

Samples: Purchase Contract Agreement (Beazer Homes Usa Inc)

Settlement Rate. (a) Each Purchase Contract obligates the Company to deliver, on the Mandatory Settlement Date, a number of shares of Class A Common Stock (subject to Article 5) equal to the Settlement Rate as determined by the Company, unless such Purchase Contract has settled or been redeemed prior to the Mandatory Settlement Date.

Appears in 1 contract

Samples: Purchase Contract Agreement (Genesee & Wyoming Inc)

Settlement Rate. (a) Each Purchase Contract obligates the Company to deliver, on the Mandatory Settlement Date, a number of shares of Common Stock (subject to Section 4.04 and Article 5) equal to the Settlement Rate as determined by the Company, Company unless such Purchase Contract has settled or been redeemed settles prior to the Mandatory Settlement Date.Date pursuant to Section 5.03 or Section 5.04. The number of shares of Common Stock issuable upon settlement of each Purchase Contract on the Mandatory Settlement Date (the “Settlement Rate”) is equal to:

Appears in 1 contract

Samples: Purchase Contract Agreement (Ally Financial Inc.)

Settlement Rate. (a) Each Purchase Contract obligates the Company to deliverdeliver to each Holder, on the Mandatory Settlement Date, a number of shares of Common Stock (subject to Article 5Section 4.04) equal to the Settlement Rate as determined by the Company, Company unless a Holder settles such Purchase Contract has settled or been redeemed prior to the Mandatory Settlement Date.Date pursuant to Section 5.03 or Section 5.04. The “Settlement Rate” is equal to:

Appears in 1 contract

Samples: Purchase Contract Agreement (Wintrust Financial Corp)

Settlement Rate. (a) Each Purchase Contract obligates the Company to deliver, on the Mandatory Settlement Date, a number of shares of Class A Common Stock (subject to Section 4.10 and Article 5) equal to the Settlement Rate as determined by the Company, unless such Purchase Contract has settled or been redeemed prior to the Mandatory Settlement Date.

Appears in 1 contract

Samples: Purchase Contract Agreement (Hovnanian Enterprises Inc)

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Settlement Rate. (a) Each Purchase Contract obligates the Company to deliver, on the Mandatory Settlement Date, a number of shares of Class A Common Stock (subject to Article 5) equal to the Settlement Rate as determined by the Company, unless such Purchase Contract has settled or been redeemed prior to the Mandatory Settlement Date.

Appears in 1 contract

Samples: Purchase Contract Agreement (Tyson Foods Inc)

Settlement Rate. (a) Each Purchase Contract obligates the Company to deliverdeliver to each Holder, on the Mandatory Settlement Date, a number of shares of Common Stock (subject to Article 5Section 4.04) equal to the Settlement Rate as determined by the Company, Company unless a Holder settles such Purchase Contract has settled or been redeemed prior to the Mandatory Settlement DateDate pursuant to Section 5.03, Section 5.04 or Section 5.05.

Appears in 1 contract

Samples: Purchase Contract Agreement (Banc of California, Inc.)

Settlement Rate. (a) Each Purchase Contract obligates the Company to deliver, on the Mandatory Settlement Date, a number of shares of WGP Common Stock Units (subject to Section 4.05(b) and Article 5) equal to the Settlement Rate as determined by the Company, unless such Purchase Contract has settled or been redeemed prior to the Mandatory Settlement Date.

Appears in 1 contract

Samples: Purchase Contract Agreement (Anadarko Petroleum Corp)

Settlement Rate. (a) Each Purchase Contract obligates the Company to deliver, on the Mandatory Purchase Contract Settlement Date, a number of shares of Common Stock (subject to Article 5) equal to the Settlement Rate as determined by the Company, unless such Purchase Contract has settled or been redeemed prior to the Mandatory Purchase Contract Settlement Date.

Appears in 1 contract

Samples: Purchase Contract and Unit Agreement (PG&E Corp)

Settlement Rate. (a) Each Purchase Contract obligates the Company to deliverdeliver to the Holder thereof, on the Mandatory Settlement Date, a number of shares of Common Stock (subject to Article 5) equal to the Settlement Rate as determined by the Company, unless such Purchase Contract has settled or been redeemed prior to the Mandatory Settlement Date.

Appears in 1 contract

Samples: Purchase Contract Agreement (Kindred Healthcare, Inc)

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