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 Securities and payment of any transfer or similar taxes payable by such Holder in connection with the issuance of the related Common Stock to any Person other than such Holder, the Company shall issue, and the Holder shall be entitled to receive, _____ shares of newly issued Common 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. As promptly as practicable after Early Settlement of Purchase Contracts in accordance with the provisions of this Section 5.10, the Company shall issue and shall deliver to the Agent at the Corporate Trust Office a certificate or certificates for the full number of shares of Common Stock issuable upon such Early Settlement together with payment in lieu of any fraction of a share, as provided in Section 5.11.

Appears in 1 contract

Samples: Purchase Contract Agreement (Electronic Data Systems Corp /De/)

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Upon Early Settlement of Purchase Contracts by. a Holder of the related Securities and payment of any transfer or similar taxes payable by such Holder in connection with the issuance of the related Common Stock to any Person other than such Holder, the Company shall issue, and the Holder shall be entitled to receive, _____ 0.6996 shares of newly issued Common 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. As promptly as practicable after Early Settlement of Purchase Contracts in accordance with the provisions of this Section 5.10, the Company shall issue and shall deliver to the Agent at the Corporate Trust Office a certificate or certificates for the full number of shares of Common Stock issuable upon such Early Settlement together with payment in lieu of any fraction of a share, as provided in Section 5.11.

Appears in 1 contract

Samples: ______________ Purchase Contract Agreement (Electronic Data Systems Corp /De/)

Upon Early Settlement of Purchase Contracts by. a Holder of the related Securities and payment of any transfer or similar taxes payable by such Holder in connection with the issuance of the related Common Stock to any Person person other than such Holder, the Company shall issue, and the Holder shall be entitled to receive, _____ shares of newly issued Common Stock on account of each Purchase Contract as to which Early Settlement is effected (the "Early Settlement RateEARLY SETTLEMENT RATE"). The Early Settlement Rate shall be adjusted in the same manner and at the same time as the Settlement Rate is adjusted. As promptly as practicable after Early Settlement of Purchase Contracts in accordance with the provisions of this Section 5.105.09, the Company shall issue and shall deliver to the Agent at the Corporate Trust Office a certificate or certificates for the full number of shares (including fractional shares, if the Company elects to issue such fractional shares, as provided in Section 5.11) of Common Stock issuable upon such Early Settlement together with payment in lieu of any fraction of a share, as provided in Section 5.11.

Appears in 1 contract

Samples: Purchase Contract Agreement (Kansas City Southern Industries Inc)

Upon Early Settlement of Purchase Contracts by. a Holder of the related Securities and payment of any transfer or similar taxes payable by such Holder in connection with the issuance of the related Common Stock to any Person person other than such Holder, the Company shall issue, and the Holder shall be entitled to receive, _____ shares of newly issued Common 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. As promptly as practicable after Early Settlement of Purchase Contracts in accordance with the provisions of this Section 5.105.9, the Company shall issue and shall deliver to the Agent at the Corporate Trust Office a certificate or certificates for the full number of shares of Common Stock issuable upon such Early Settlement together with payment in lieu of any fraction of a share, as provided in Section 5.115.10.

Appears in 1 contract

Samples: Purchase Contract Agreement (NRG Energy Inc)

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Upon Early Settlement of Purchase Contracts by. a Holder of the related Securities and payment of any transfer or similar taxes payable by such Holder in connection with the issuance of the related PCS Common Stock to any Person person other than such Holder, the Company shall issue, and the Holder shall be entitled to receive, _____ shares of newly issued PCS Common 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. As promptly as practicable after Early Settlement of Purchase Contracts in accordance with the provisions of this Section 5.105.11, the Company shall issue and shall deliver to the Agent at the Corporate Trust Office a certificate or certificates for the full number of shares of PCS Common Stock issuable (or otherwise required to be delivered) upon such Early Settlement together with payment in lieu of any fraction of a share, as provided in Section 5.115.12.

Appears in 1 contract

Samples: Purchase Contract Agreement (Sprint Corp)

Upon Early Settlement of Purchase Contracts by. a Holder of the related Securities and payment of any transfer or similar taxes payable by such Holder in connection with the issuance of the related PCS Common Stock to any Person person other than such Holder, the Company shall issue, and the Holder shall be entitled to receive, _____ .8364 shares of newly issued PCS Common 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. As promptly as practicable after Early Settlement of Purchase Contracts in accordance with the provisions of this Section 5.105.11, the Company shall issue and shall deliver to the Agent at the Corporate Trust Office a certificate or certificates for the full number of shares of PCS Common Stock issuable (or otherwise required to be delivered) upon such Early Settlement together with payment in lieu of any fraction of a share, as provided in Section 5.115.12.

Appears in 1 contract

Samples: Purchase Contract Agreement (Sprint Corp)

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