Common use of Upon Early Settlement of Purchase Contracts by Clause in Contracts

Upon Early Settlement of Purchase Contracts by. a Holder of the related Units, the Company shall issue, and the Holder shall be entitled to receive, 3.0084 shares of Common Stock, subject to adjustment in the same manner and at the same time as the Settlement Rate is adjusted pursuant to Section 5.5, on account of each Purchase Contract as to which Early Settlement is effected (the "Early Settlement Rate").

Appears in 2 contracts

Samples: Purchase Contract Agreement (Dqe Capital Corp), Purchase Contract Agreement (Ohio Casualty Corp)

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Upon Early Settlement of Purchase Contracts by. a Holder of the related Units, the Company shall issue, and the Holder shall be entitled to receive, 3.0084 0.9954 newly issued shares of Common Stock, subject to adjustment or 0.09954 newly issued shares of Preferred Stock, as applicable, as adjusted in the same manner and at the same time as the Settlement Rate is adjusted pursuant to Section 5.5, on account of each Purchase Contract as to which Early Settlement is effected (the "Early Settlement Rate").

Appears in 2 contracts

Samples: Purchase Contract Agreement (PNM Resources Inc), Unit Purchase Agreement (PNM Resources Inc)

Upon Early Settlement of Purchase Contracts by. a Holder of the related Units, the Company shall issue, and the Holder shall be entitled to receive, 3.0084 0.9954 newly issued shares of Common Stock, subject to adjustment or 0.09954 newly issued shares of Preferred Stock, as applicable, as adjusted in the same manner and at the same time as the Settlement Rate is adjusted pursuant to Section 5.5, on account of each Purchase Contract as to which Early Settlement is effected (the "Early Settlement Rate").

Appears in 1 contract

Samples: Purchase Contract Agreement (Public Service Co of New Mexico)

Upon Early Settlement of Purchase Contracts by. a Holder of the related Units, the Company shall issue, and the Holder shall be entitled to receive, 3.0084 newly issued shares of Common StockStock equal to the Minimum Share Number, subject as adjusted from time to adjustment in the same manner and at the same time as the Settlement Rate is adjusted pursuant to Section 5.5, 5.04 on account of each Purchase Contract as to which Early Settlement is effected (the "Early Settlement Rate").

Appears in 1 contract

Samples: Purchase Contract Agreement (Pmi Group Inc)

Upon Early Settlement of Purchase Contracts by. a Holder of the related Units, the Company shall issue, and the Holder shall be entitled to receive, 3.0084 [ ] newly issued shares of Common Stock, subject to adjustment as adjusted in the same manner and at the same time as the Settlement Rate is adjusted pursuant to Section 5.5, on account of each Purchase Contract as to which Early Settlement is effected (the "Early Settlement RateEARLY SETTLEMENT RATE").

Appears in 1 contract

Samples: Purchase Contract Agreement (Albertsons Inc /De/)

Upon Early Settlement of Purchase Contracts by. a Holder of the related Units, ,the Company shall issue, and the Holder shall be entitled to receive, 3.0084 0.8675 newly issued shares of Common Stock, subject to adjustment as adjusted in the same manner and at the same time as the Settlement Rate is adjusted pursuant to Section 5.5, on account of each Purchase Contract as to which Early Settlement is effected (the "Early Settlement Rate").

Appears in 1 contract

Samples: Purchase Contract Agreement (Supervalu Inc)

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Upon Early Settlement of Purchase Contracts by. a Holder of the related UnitsSecurities, the Company shall issue, and the Holder shall be entitled to receive, 3.0084 0.8170 shares of Common Stock, subject to adjustment in the same manner and at the same time as the Settlement Rate is adjusted pursuant to Section 5.5, Stock on account of each Purchase Contract as to which Early Settlement is effected (the "Early Settlement Rate"). The Early Settlement Rate shall be adjusted in the same manner and at the same time as the Settlement Rate is adjusted.

Appears in 1 contract

Samples: Purchase Contract Agreement (Dominion Resources Inc /Va/)

Upon Early Settlement of Purchase Contracts by. a Holder of the related Units, the Company shall issue, and the Holder shall be entitled to receive, 3.0084 a number of shares of Common Stock, subject Stock equal to adjustment in the same manner and at the same time as 85% of the Settlement Rate is adjusted pursuant to calculated as set forth in Section 5.5, on account of 5.01 for each Purchase Contract as to which Early Settlement is effected (effected, as if the "Applicable Market Value for such purpose were equal to the average of the Daily VWAPs of the Common Stock during the Early Settlement Rate"Averaging Period (subject to Section 5.12).

Appears in 1 contract

Samples: Purchase Contract and Pledge Agreement (Stanley Black & Decker, Inc.)

Upon Early Settlement of Purchase Contracts by. a Holder of the related Units, the Company shall issue, and the Holder shall be entitled to receive, 3.0084 shares of Common StockOrdinary Shares, subject to adjustment in the same manner and at the same time as the Settlement Rate is adjusted pursuant to Section 5.5, on account of each Purchase Contract as to which Early Settlement is effected (the "Early Settlement Rate").

Appears in 1 contract

Samples: Purchase Contract Agreement (Endurance Specialty Holdings LTD)

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