Staggered Settlement. If Seller determines reasonably and in good faith that the number of Shares required to be delivered to Buyer hereunder on any Settlement Date would exceed 8.0% of all outstanding Shares, then Seller may, by notice to Buyer on or prior to such Settlement Date (a “Nominal Settlement Date”), elect to deliver the Shares comprising the related Net Share Settlement Amount on two or more dates (each, a “Staggered Settlement Date”) or at two or more times on the Nominal Settlement Date as follows:
Appears in 11 contracts
Samples: Confirmation of Otc Convertible Note Hedge (Mylan Laboratories Inc), Confirmation of Otc Convertible Note Hedge (Iconix Brand Group, Inc.), Confirmation of Otc Convertible Note Hedge (General Cable Corp /De/)
Staggered Settlement. If Seller determines reasonably and in good faith that the number of Shares required to be delivered to Buyer Counterparty hereunder on any Settlement Date would exceed 8.0% of all outstanding Shares, then Seller may, by notice to Buyer Counterparty on or prior to such Settlement Date (a “Nominal Settlement Date”), elect to deliver the Shares comprising the related Net Share Settlement Amount on two or more dates (each, a “Staggered Settlement Date”) or at two or more times on the Nominal Settlement Date as follows:
Appears in 5 contracts
Samples: Confirmation of Otc Convertible Note Hedge (Gilead Sciences Inc), Confirmation of Otc Convertible Note Hedge (Amgen Inc), Confirmation of Otc Convertible Note Hedge (Gilead Sciences Inc)
Staggered Settlement. If Seller determines reasonably and in good faith that the number of Shares required to be delivered to Buyer hereunder on any Settlement Date would exceed 8.0% of all outstanding Shares, then Seller may, by notice to Buyer on or prior to such Settlement Date (a “Nominal Settlement Date”), elect to deliver the Shares comprising the related Net Share Settlement Amount Delivery Obligation on two or more dates (each, a “Staggered Settlement Date”) or at two or more times on the Nominal Settlement Date as follows:
Appears in 3 contracts
Samples: Confirmation of Otc Convertible Note Hedge (Morgans Hotel Group Co.), Confirmation of Otc Convertible Note Hedge (Aar Corp), Confirmation of Otc Convertible Note Hedge (Aar Corp)
Staggered Settlement. If Seller determines reasonably and in good faith that the number of Shares required to be delivered to Buyer hereunder on any Settlement Date would have resulted in the Equity Percentage (as defined below) on such date to exceed 8.0% of all outstanding Shares8.5%, then Seller may, by notice to Buyer on or prior to such Settlement Date (a “Nominal Settlement Date”), elect to deliver the Shares comprising the related Net Share Settlement Amount on two or more dates (each, a “Staggered Settlement Date”) or at two or more times on the Nominal Settlement Date as follows:
Appears in 2 contracts
Samples: Confirmation of Otc Convertible Note Hedge (Iconix Brand Group, Inc.), Confirmation of Additional Otc Convertible Note Hedge (Iconix Brand Group, Inc.)
Staggered Settlement. If Seller determines reasonably and in good faith that the number of Shares required to be delivered to Buyer hereunder on any Settlement Date would exceed 8.0% of all outstanding Shares, then Seller may, by notice to Buyer on or prior to such Settlement Date (a “Nominal Settlement Date”), elect to deliver the Shares comprising the related owed by it pursuant to Net Share Settlement Amount (the “Share Delivery Obligation”) on two or more dates (each, a “Staggered Settlement Date”) or at two or more times on the Nominal Settlement Date as follows:
Appears in 2 contracts
Samples: Confirmation of Otc Convertible Note Hedge (Tektronix Inc), Confirmation of Otc Convertible Note Hedge (Tektronix Inc)
