Common use of Staggered Settlement Clause in Contracts

Staggered Settlement. Dealer may, by notice to Counterparty on or prior to any Settlement Date (a “Nominal Settlement Date”), elect to deliver the Shares on two or more dates (each, a “Staggered Settlement Date”) as follows: (i) in such notice, Dealer will specify to Counterparty the related Staggered Settlement Dates (the first of which will be such Nominal Settlement Date and the last of which will be no later than the twentieth (20th) Exchange Business Day following such Nominal Settlement Date) and the number of Shares that it will deliver on each Staggered Settlement Date; (ii) the aggregate number of Shares that Dealer will deliver to Counterparty hereunder on all such Staggered Settlement Dates will equal the number of Shares that Dealer would otherwise be required to deliver on such Nominal Settlement Date; and (iii) the Relevant Settlement Method terms will apply on each Staggered Settlement Date, except that the cash and/or Shares due upon settlement will be allocated among such Staggered Settlement Dates as specified by Dealer in the notice referred to in clause (i) above.

Staggered Settlement. Dealer may, by notice to Counterparty on or prior to any Settlement Date (a “Nominal Settlement Date”), elect to deliver the Shares on two or more dates (each, a “Staggered Settlement Date”) or at two or more times on the Nominal Settlement Date as follows: (i) in such notice, Dealer will specify to Counterparty the related Staggered Settlement Dates (the first each of which will be such Nominal Settlement Date and the last of which will be no later than the twentieth (20th) Exchange Business Day following on or prior to such Nominal Settlement Date, but not prior to the beginning of the related “Observation Period”, as defined in the Indenture) or delivery times and the number of Shares that how it will allocate the Shares it is required to deliver on each under “Delivery Obligation” (above) among the Staggered Settlement Date;Dates or delivery times; and (ii) the aggregate number of Shares that Dealer will deliver to Counterparty hereunder on all such Staggered Settlement Dates and delivery times will equal the number of Shares that Dealer would otherwise be required to deliver on such Nominal Settlement Date; and (iii) the Relevant Settlement Method terms will apply on each Staggered Settlement Date, except that the cash and/or Shares due upon settlement will be allocated among such Staggered Settlement Dates as specified by Dealer in the notice referred to in clause (i) above.

Staggered Settlement. Dealer may, by notice to Counterparty on or prior to any Settlement Date (a “Nominal Settlement Date”), elect to deliver the Shares on two or more dates (each, a “Staggered Settlement Date”) as follows: (i) in such notice, Dealer will specify to Counterparty the related Staggered Settlement Dates (the first each of which will be such Nominal Settlement Date and the last of which will be no later than the twentieth (20th) Exchange Business Day following shall occur on or prior to such Nominal Settlement Date) and the number of Shares that it will deliver on each Staggered Settlement Date; (ii) the aggregate number of Shares that Dealer will deliver to Counterparty hereunder on all such Staggered Settlement Dates will equal the number of Shares that Dealer would otherwise be required to deliver on such Nominal Settlement Date; and (iii) the Relevant Settlement Method terms will apply on each Staggered Settlement Datewith respect to the Transaction, except that the cash and/or Shares due upon settlement will be allocated among such the relevant Staggered Settlement Dates as specified by Dealer in the notice referred to in clause (i) above.

Staggered Settlement. Dealer may, by notice to Counterparty on or prior to any Settlement Date on which Dealer would be required to deliver Shares hereunder (a “Nominal Settlement Date”), elect to deliver the such Shares on two or more dates (each, a “Staggered Settlement Date”) or at two or more times on the Nominal Settlement Date as follows: : (i) in such notice, Dealer will specify to Counterparty the related Staggered Settlement Dates (the first each of which will be such Nominal Settlement Date and the last of which will be no later than the twentieth (20th) Exchange Business Day following on or prior to such Nominal Settlement Date, but not prior to the beginning of the related “Conversion Period” or Extended Conversion Period, as the case may be) or delivery times and the number of Shares that how it will allocate the Shares it is required to deliver on each under “Settlement” above among the Staggered Settlement Date; Dates or delivery times; and (ii) the aggregate number of Shares that Dealer will deliver to Counterparty hereunder on all such Staggered Settlement Dates and delivery times will equal the number of Shares that Dealer would otherwise be required to deliver on such Nominal Settlement Date; and (iii) the Relevant Settlement Method terms will apply on each Staggered Settlement Date, except that the cash and/or Shares due upon settlement will be allocated among such Staggered Settlement Dates as specified by Dealer in the notice referred to in clause (i) above.

Staggered Settlement. If Dealer would owe Counterparty any Shares pursuant to the “Settlement Terms” above, Dealer may, by notice to Counterparty on or prior to any the Settlement Date (a “Nominal Settlement Date”), elect to deliver the Shares deliverable on such Nominal Settlement Date on two or more dates (each, a “Staggered Settlement Date”) or at two or more times on the Nominal Settlement Date as follows: : (i) in such notice, Dealer will specify to Counterparty the related Staggered Settlement Dates (the first each of which will be such Nominal Settlement Date and the last of which will be no later than the twentieth (20th) Exchange Business Day following on or prior to such Nominal Settlement Date) or delivery times and the number of Shares that how it will allocate the Shares it is required to deliver on each under “Settlement Terms” above among the Staggered Settlement Date; Dates or delivery times; and (ii) the aggregate number of Shares that Dealer will deliver to Counterparty hereunder on all such Staggered Settlement Dates and delivery times will equal the number of Shares that Dealer would otherwise be required to deliver on such Nominal Settlement Date; and (iii) the Relevant Settlement Method terms will apply on each Staggered Settlement Date, except that the cash and/or Shares due upon settlement will be allocated among such Staggered Settlement Dates as specified by Dealer in the notice referred to in clause (i) above.

Staggered Settlement. If upon advice of counsel with respect to applicable legal and regulatory requirements, including any requirements relating to hedging activities in relation hereto, Dealer reasonably determines that it would not be practicable or advisable to deliver, or to acquire Shares to deliver, any or all of the Shares to be delivered by Dealer on the Settlement Date for any Tranche (taking proper account of Settlement Dates under all other Tranches), Dealer may, by notice to Counterparty on or prior to any Settlement Date (a “Nominal Settlement Date”), elect to deliver the Shares on two or more dates (each, a “Staggered Settlement Date”) as follows: (i) in such notice, Dealer will specify to Counterparty the related Staggered Settlement Dates (the first of which will be such Nominal Settlement Date and the last of which will be no later than the twentieth (20th) Exchange Business Day following such Nominal Settlement Date) and the number of Shares that it will deliver on each Staggered Settlement Date; (ii) the aggregate number of Shares that Dealer will deliver to Counterparty hereunder on all such Staggered Settlement Dates will equal the number of Shares that Dealer would otherwise be required to deliver on such Nominal Settlement Date; and (iii) the Relevant Settlement Method terms will apply on each Staggered Settlement Date, except that the cash and/or Shares due upon settlement will be allocated among such Staggered Settlement Dates as specified by Dealer in the notice referred to in clause (i) above.

Staggered Settlement. Dealer Bank may, by notice to Counterparty on or prior to any Settlement Date (a “Nominal Settlement Date”), in a commercially reasonable manner, elect to deliver the Shares on two or more dates (each, a “Staggered Settlement Date”) as follows: (ia) in such notice, Dealer Bank will specify to Counterparty the related Staggered Settlement Dates (the first of which will be such Nominal Settlement Date and it shall choose in a commercially reasonable manner, the last of which will be no later than the twentieth (20th) Exchange Business Day following such Nominal Settlement Date) and the number of Shares that it will deliver on each Staggered Settlement Date; (iib) the aggregate number of Shares that Dealer Bank will deliver to Counterparty hereunder on all such Staggered Settlement Dates will equal the number of Shares that Dealer Bank would otherwise be required to deliver on such Nominal Settlement Date; and (iiic) if the Relevant Net Share Settlement Method terms set forth above were to apply on the Nominal Settlement Date, then the Net Share Settlement terms will apply on each Staggered Settlement Date, except that the cash and/or Net Shares due upon settlement will be allocated among such Staggered Settlement Dates as specified by Dealer Bank in the notice referred to in clause (ia) above.

Staggered Settlement. Dealer may, by notice to Counterparty on or prior to any Settlement Date (a “Nominal Settlement Date”), elect to deliver the Shares deliverable on such Nominal Settlement Date on two or more dates (each, a “Staggered Settlement Date”) or at two or more times on the Nominal Settlement Date as follows: : (i) in such notice, Dealer will specify to Counterparty the related Staggered Settlement Dates (the first each of which will be such Nominal Settlement Date and the last of which will be no later than the twentieth (20th) Exchange Business Day following on or prior to such Nominal Settlement Date) , but not prior to the beginning of the related Conversion Period or delivery times and the number of Shares that how it will allocate the Shares it is required to deliver on each under “Net Share Settlement” above among the Staggered Settlement Date; Dates or delivery times; and (ii) the aggregate number of Shares that Dealer will deliver to Counterparty hereunder on all such Staggered Settlement Dates and delivery times will equal the number of Shares that Dealer would otherwise be required to deliver on such Nominal Settlement Date; and (iii) the Relevant Settlement Method terms will apply on each Staggered Settlement Date, except that the cash and/or Shares due upon settlement will be allocated among such Staggered Settlement Dates as specified by Dealer in the notice referred to in clause (i) above.