Settlement Upon Exchange. (a) Upon exchange of any Notes, subject to Sections 13.01, 13.02 and this Section 13.10, the Issuer shall satisfy its obligation upon exchange (the “Exchange Obligation”) by payment and delivery of cash and, if applicable as provided herein, shares of Common Stock for each $1,000 aggregate principal amount of Notes tendered for exchange in accordance with their terms.
Settlement Upon Exchange. (a) Upon valid tender of the Securities for exchange under this Article 4, subject to Sections 4.01, 4.02 and this Section 4.11, the Issuer shall satisfy its obligation upon exchange (the “Exchange Obligation”) by delivery on or prior to the third Trading Day immediately following the last day of the Applicable Exchange Measurement Period, at the Issuer’s option, of cash, shares of Common Stock or a combination of cash and shares of Common Stock for each $1,000 aggregate principal amount of Securities tendered for exchange in accordance with their terms, as follows:
Settlement Upon Exchange. (a) The Issuers shall settle each exchange of Notes by delivering a number of shares of Common Stock equal to the then applicable Exchange Rate, and paying to the converting Holder any accrued and unpaid interest to the date of settlement. Parent and the Issuers have entered into a Stock Delivery Agreement, dated as of the Issue Date, whereby Parent has agreed to issue to the Issuers the number of shares of Common Stock necessary to deliver to all Holders upon exchange of Notes.
Settlement Upon Exchange. (a) Except to the extent otherwise provided in Sections 7.05(h), 7.06(f) and 7.07 hereof, if a Holder exchanges a Note (or in the event that the Issuer exercises an Issuer’s Exchange Option), a cash amount, calculated in accordance with Section 7.03(a)(i) below, (the “Liquidated Sum”), shall be payable by the Issuer to the Holder, and the Issuer will satisfy its obligation in respect of the Liquidated Sum by delivering ADSs, together with cash in lieu of any fractional ADS (the obligation to effect such delivery and payment, the “Exchange Obligation”) as follows:
Settlement Upon Exchange. (a) Upon exchange of any Exchangeable Debentures, subject to Sections 6.01, 6.02 and this Section 6.10, the Company shall satisfy its obligation upon exchange (the “Exchange Obligation”) by payment and delivery of cash and, if applicable as provided herein, shares of Host REIT Common Stock for each $1,000 aggregate principal amount of Exchangeable Debentures tendered for exchange in accordance with their terms.
Settlement Upon Exchange. (a) In the event that the Issuer has not made a Physical Settlement Election (and, in the event that the Issuer has made a Physical Settlement Election, with respect to any exchange of Notes for which the Exchange Date falls prior to a Physical Settlement Election Date), the Issuer shall, subject to this Article 13, satisfy its obligation upon exchange (the “Exchange Obligation”) by delivering to exchanging Holders, in respect of each $1,000 principal amount of Notes being exchanged:
Settlement Upon Exchange. (a) Subject to this Section 4.03, Section 4.06(b) and Section 4.07(a), upon exchange of any Security, the Company shall, at its election, pay or deliver, as the case may be, to the exchanging Holder, in full satisfaction of its exchange obligation, solely cash (“Cash Settlement”), solely Common Shares, together with cash, if applicable, in lieu of delivering any fractional Common Share in accordance with Section 4.03(c) (“Physical Settlement”), or a combination of cash and Common Shares, together with cash, if applicable, in lieu of delivering any fractional Common Share in accordance with Section 4.03(c) (“Combination Settlement”), as set forth in this Section 4.03.
Settlement Upon Exchange. (a) Subject to this Section 14.03, Section 14.06(b) and Section 14.07(a), upon exchange of any Note, on the second Trading Day immediately following the last Trading Day of the relevant Cash Settlement Averaging Period, the Company shall satisfy its Exchange Obligation by paying or delivering, as the case may be, to the exchanging Holder, in respect of each $1,000 principal amount of Notes being exchanged, a “Settlement Amount” equal to the sum of the Daily Settlement Amounts for each of the 40 consecutive Trading Days during the relevant Cash Settlement Averaging Period for such Note, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (b) of this Section 14.03.
Settlement Upon Exchange. (a) Subject to this Section 4.03, Section 4.06(b) and Section 4.07(a), upon exchange of any Security, on the second Business Day immediately following the last VWAP Trading Day of the relevant Observation Period, the Company shall satisfy its exchange obligation by paying or delivering, as the case may be, to the exchanging Holder, in respect of each $1,000 principal amount of Securities being exchanged, a “Settlement Amount” equal to the sum of the Daily Settlement Amounts for each of the 30 consecutive VWAP Trading Days during the relevant Observation Period for such Security, together with cash, if applicable, in lieu of delivering any fractional Common Share in accordance with Section 4.03(b).
Settlement Upon Exchange. 39 Section 5.04. Reserve and Status of Common Stock Issued upon Exchange. 41 Section 5.05. Adjustments to the Exchange Rate. 42 Section 5.06. Voluntary Adjustments. 53 Section 5.07. Adjustments to the Exchange Rate in Connection with a Make-Whole Fundamental Change. 53 Section 5.08. Exchange by a Third Party. 54 Section 5.09. Effect of Common Stock Change Event. 55 Section 5.10. Responsibility of Trustee and Exchange Agent. 57 Article 6. Successors 58 Section 6.01. When the Company May Merge, Etc. 58 Section 6.02. Successor Corporation Substituted. 59 Article 7. Defaults and Remedies 59 Section 7.01. Events of Default. 59 Section 7.02. Acceleration. 61 Section 7.03. Sole Remedy for a Failure to Report. 62 Section 7.04. Other Remedies. 63 Section 7.05. Waiver of Past Defaults. 63 Section 7.06. Control by Majority. 63 Section 7.07. Limitation on Suits. 64 Section 7.08. Absolute Right of Holders to Institute Suit for the Enforcement of the Right to Receive Payment and Exchange Consideration. 64 Section 7.09. Collection Suit by Trustee. 64 Section 7.10. Trustee May File Proofs of Claim. 65 Section 7.11. Priorities. 65 Section 7.12. Undertaking for Costs. 66 Section 7.13. Restoration of Rights. 66 Article 8. Amendments, Supplements and Waivers 66 Section 8.01. Without the Consent of Holders. 66 Section 8.02. With the Consent of Holders. 67 Section 8.03. Notice of Amendments, Supplements and Waivers. 68 Section 8.04. Revocation, Effect and Solicitation of Consents; Special Record Dates; Etc. 68 Section 8.05. Notations and Exchanges. 69 Section 8.06. Trustee to Execute Supplemental Indentures. 69 Article 9. Satisfaction and Discharge 69 Section 9.01. Termination of Company’s Obligations. 69 Section 9.02. Repayment to Company. 70 Section 9.03. Reinstatement. 70 Article 10. Trustee 71 Section 10.01. Duties of the Trustee. 71 Section 10.02. Rights of the Trustee. 72 Section 10.03. Individual Rights of the Trustee. 74 Section 10.04. Trustee’s Disclaimer. 74 Section 10.05. Notice of Defaults. 74 Section 10.06. Compensation and Indemnity. 74 Section 10.07. Replacement of the Trustee. 75 Section 10.08. Successor Trustee by Merger, Etc. 76 Section 10.09. Eligibility; Disqualification. 76 Article 11. Guarantees 76 Section 11.01. The Guarantees 76 Section 11.02. Guarantee Unconditional. 77 Section 11.03. Discharge; Reinstatement. 77 Section 11.04. Waiver by the Guarantors. 78 Section 11.05. Subrogation and Contribution. 78 Section 11.06. Stay of Acceleration. 78 Section 11...
