Withholding Taxes for Adjustments in Conversion Rate. The Company may, at its option, set off withholding taxes due with respect to Notes against payments of cash and deliveries of shares of Common Stock on the Notes. In the case of any such set-off against shares of Common Stock delivered upon conversion of the Notes, such Common Stock shall be valued based on the arithmetic average of the Daily VWAP for each Trading Day in the relevant Observation Period.
Appears in 6 contracts
Samples: Indenture (PTC Therapeutics, Inc.), Indenture (Medicines Co /De), Indenture (Cypress Semiconductor Corp /De/)
Withholding Taxes for Adjustments in Conversion Rate. The Company may, at its option, set set-off withholding taxes due with respect to Notes against payments of cash Cash and deliveries of shares of Common Stock on the NotesNotes to the extent required by law. In the case of any such set-off against shares of Common Stock delivered upon conversion of the Notes, such Common Stock shall be valued based on the arithmetic average of the Daily VWAP Volume Weighted Average Price for each Trading Day in the relevant Observation Conversion Reference Period.
Appears in 5 contracts
Samples: Indenture (Symantec Corp), Indenture (Symantec Corp), Indenture (Sun Microsystems, Inc.)
Withholding Taxes for Adjustments in Conversion Rate. The Company or the applicable withholding agent may, at its option, set set-off withholding taxes due with respect to the Notes against payments of cash and deliveries of shares of Common Stock on the Notes. In the case of any such set-off against shares of Common Stock delivered upon conversion of the Notes, such Common Stock shall be valued based on the arithmetic average of the Daily VWAP for each Trading Day in the relevant Observation Period.
Appears in 1 contract
Samples: First Supplemental Indenture (Bottomline Technologies Inc /De/)
Withholding Taxes for Adjustments in Conversion Rate. The Company may, at its option, set off withholding taxes due with respect to Notes against payments of cash and deliveries of shares of Common Stock on the Notes. In the case of any such set-off against shares of Common Stock delivered upon conversion of the Notes, such Common Stock shall be valued based on the arithmetic average of the Daily VWAP for each Trading Day in the relevant Observation Period.
ARTICLE 15 REPURCHASE OF NOTES AT OPTION OF HOLDERS
Appears in 1 contract
Samples: Indenture (PTC Therapeutics, Inc.)
