Common use of Share Settlement Option Clause in Contracts

Share Settlement Option. Notwithstanding any provisions of this clause 9, the Issuer may elect to satisfy its obligation to redeem the Bonds pursuant to clause 9.1 hereof by exercising its option (the "Share Settlement Option") with respect to all, but not some only, of the Bonds to be redeemed on the relevant due date for redemption, provided that on such due date for redemption the Shares are listed on the New York Stock Exchange and no Event of Default shall have occurred. To exercise its Share Settlement Option, the Issuer shall give a notice to such effect (the "Share Settlement Option Notice") to the Bond Trustee and to the Bondholders (in the case of the Bondholders, in writing via the Securities Depository). The Share Settlement Option Notice shall be given not more than 60 nor less than 30 calendar days prior to the Maturity Date. Where the Issuer shall have exercised the Share Settlement Option, the Issuer shall, in lieu of redeeming the Bonds in cash, effect redemption in respect of the Bonds by: (a) issuing or transferring and delivering to the relevant Bondholder such number of Shares as is determined by dividing the aggregate principal amount of such Bondholder's Bonds by the Conversion Price in effect on the Valuation Date; (b) making payment to the relevant Bondholder of an amount (the "Cash Settlement Amount") equal to the amount (if any) by which the aggregate principal amount of such Bonds exceeds the product of the Current Value of a Share on the Valuation Date and the whole number of Shares deliverable to such Bondholder in accordance with (a) above in respect of such Bonds; and (c) making or procuring payment to the relevant Bondholder in cash of any accrued and unpaid interest in respect of such Bonds up to the relevant redemption date.

Share Settlement Option. Notwithstanding any provisions of this clause 9Clause 10, the Issuer may elect to satisfy its obligation to redeem the Bonds pursuant to clause 9.1 Clause 10.1 hereof by exercising its option (the "“Share Settlement Option"”) with respect to all, but not some only, of the Bonds to be redeemed on the relevant due date for redemptionMaturity Date, provided that on such due date for redemption the Shares are listed on the New York Stock Exchange Nasdaq and no Event of Default shall have occurred. To exercise its Share Settlement Option, the Issuer shall give a notice to such effect (the "“Share Settlement Option Notice"”) to the Bond Trustee and to the Bondholders (in the case of the Bondholders, in writing via the Securities DepositoryRegister). The Share Settlement Option Notice shall be given not more than 60 nor less than 30 calendar days prior to the Maturity Date. Where the Issuer shall have exercised the Share Settlement Option, the Issuer shall, in lieu of redeeming the Bonds in cash, effect redemption in respect of the Bonds by: (a) issuing or transferring and delivering to the relevant Bondholder such number of Shares as is determined by dividing the aggregate principal amount of such Bondholder's Bonds by the Conversion Price in effect on the Valuation Date; (b) making payment to the relevant Bondholder of an amount (the "“Cash Settlement Amount"”) equal to the amount (if any) by which the aggregate principal amount of such Bonds exceeds the product of the Current Value of a Share on the Valuation Date and the whole number of Shares deliverable to such Bondholder in accordance with (a) above in respect of such Bonds; and (c) making or procuring payment to the relevant Bondholder in cash of any accrued and unpaid interest in respect of such Bonds up to the Maturity Date. The Cash Amount is payable to the relevant redemption dateBondholders on the Maturity Date.

Share Settlement Option. 10.5.1 Notwithstanding any other provisions of this clause 9Clause 10, the Issuer may elect to satisfy its obligation to redeem the Bonds pursuant to clause 9.1 hereof on the Maturity Date by exercising its option to partly settle the Bonds with Shares (the "Share Settlement Option") with respect to all, but not some only, of the Bonds to be redeemed on the relevant due date for redemptionBonds, provided that on such due date for redemption the Shares are listed on the New York Stock Exchange and no Event Events of Default shall have occurred. . 10.5.2 To exercise its Share Settlement Option, the Issuer shall give a notice to such effect (the "Share Settlement Option Notice") to the Bond Trustee and to the Bondholders (in the case of the Bondholders, in writing via the Securities Depository). The Share Settlement Option Notice shall be given not more than 60 sixty (60) nor less than 30 forty-five (45) calendar days prior to the Maturity Date. Where the Issuer shall have exercised the Share Settlement Option, the Issuer shall, in lieu of redeeming the Bonds in cash, effect redemption in respect of the Bonds by: (a) issuing or transferring and delivering to the relevant Bondholder such number of Shares as is determined by dividing the aggregate principal amount of such Bondholder's Bonds by the Conversion Price in effect on the Valuation Date; (b) making payment to the relevant Bondholder of an amount (the "Cash Settlement Amount") equal to the amount (if any) by which the aggregate principal amount of such Bonds exceeds the product of the Current Value of a Share on the Valuation Date and the whole number of Shares deliverable to such Bondholder in accordance with (aClause 10.5.2(a) above in respect of such Bonds; and (c) making or procuring payment to the relevant Bondholder in cash of any accrued and unpaid interest in respect of such Bonds up to the relevant redemption dateMaturity Date.

Share Settlement Option. Notwithstanding any provisions of this clause 910, the Issuer may elect to satisfy its obligation to redeem the Bonds pursuant to clause 9.1 hereof on the Maturity Date by exercising its option (the "“Share Settlement Option"”) with respect to all, but not some only, of the Bonds to be redeemed on the relevant due date for redemptionMaturity Date, provided that on such due date for redemption the Maturity Date the Shares are listed on the New York Relevant Stock Exchange and that no Event of Default shall have occurred. To exercise its Share Settlement Option, the Issuer shall give a notice to such effect (the "“Share Settlement Option Notice"”) to the Bond Trustee and to the Bondholders (in the case of the Bondholders, in writing via the Securities Depository). The Share Settlement Option Notice shall be given not more than 60 sixty (60), nor less than 30 calendar thirty (30), days prior to the Maturity Date. Where the Issuer shall have exercised the Share Settlement Option, the Issuer shall, in lieu of redeeming the Bonds in cash, effect redemption in respect of the Bonds by: (a) issuing or transferring and delivering to the relevant Bondholder such number of Shares as is determined by dividing the aggregate principal amount of such Bondholder's ’s Bonds by the Conversion Price in effect on the Valuation Date; (b) making payment to the relevant Bondholder of an amount (the "“Cash Settlement Amount"”) equal to the amount (if any) by which the aggregate principal amount of such Bonds exceeds the product of the Current Value of a Share on the Valuation Date and the whole number of Shares deliverable to such Bondholder in accordance with (a) above in respect of such Bonds; and (c) making or procuring payment to the relevant Bondholder in cash of any accrued and unpaid interest in respect of such Bonds up to the relevant redemption dateMaturity Date.