Capped Call Documentation means the letter agreements related to call options on the Company Common Stock relating to the 2024 Notes, entered into by the Company with each of Morgan Stanley & Co. LLC, Bank of America, N.A., Deutsche Bank AG, London Branch and Goldman Sachs & Co. LLC, in connection with the offering of the 2024 Notes, as amended, restated, supplemented, or otherwise modified on or prior to the date of the Agreement.
Capped Call Documentation means the written confirmations that relate to call options on the Company Common Sock relating to the Convertible Notes.
Capped Call Documentation means (i) the letter agreement re: Base Call Option Transaction, dated as of September 4, 2019 by and between Aerie and Bank of America, N.A., (ii) the letter agreement re: Base Call Option Transaction, dated as of September 4, 2019 by and between Aerie and Citibank, N.A., (iii) the letter agreement re: Additional Call Option Transaction, dated as of September 10, 2019 by and between Aerie and Bank of America, N.A., (iv) the letter agreement re: Additional Call Option Transaction, dated as of September 10, 2019 by and between Aerie and Citibank, N.A., (v) the Base Capped Call Side Letter, dated as of September 4, 2019 by and between Aerie and Bank of America, N.A., (vi) the Base Capped Call Side Letter, dated as of September 4, 2019 by and between Aerie and Citibank, N.A., (vii) the Additional Capped Call Side Letter, dated as of September 10, 2019 between Aerie and Bank of America, N.A., and (viii) the Additional Capped Call Side Letter, dated as of September 10, 2019 between Aerie and Citibank, N.A.
Examples of Capped Call Documentation in a sentence
The Company shall not, and shall cause its Representatives not to, without Parent’s prior written consent (i) make any amendments, modifications or other changes to the terms of the Capped Call Documentation or (ii) exercise any right it may have to terminate, or cause the early settlement of, any of the Capped Call Transactions.
Other than the Company Convertible Notes Indentures, the Capped Call Documentation and the Voting Agreements, there are no outstanding agreements of any kind that obligate the Company or any of its Subsidiaries to repurchase, redeem or otherwise acquire any Company Securities, other than pursuant to the cashless exercise of Company Options or the forfeiture or withholding of taxes with respect to Company Equity Awards.
The seller may demand immediate return of the goods, if the buyer has not fulfilled its obligations or if the seller has reason to believe that the buyer will not fulfil his obliga- tions.
Each of the (i) Base Capped Call Documentation has been duly authorized, executed and delivered by the Company and constitutes, and (ii) any Additional Capped Call Documentation has been duly authorized by the Company and, when duly executed and delivered by the Company, will constitute, in each case, a valid and binding agreement of the Company, enforceable against the Company in accordance with their terms, except as the enforcement thereof may be limited by the Enforceability Exceptions.
All Capped Call Transactions were entered into pursuant to, and all Capped Call Transactions are evidenced by, the Capped Call Documentation.
More Definitions of Capped Call Documentation
Capped Call Documentation means the agreements entered into by the Company with each of Bank of America, N.A., Xxxxxx Xxxxxxx & Co. LLC and Deutsche Bank AG, London Branch on June 11, 2019 and June 14, 2019 in connection with the offering of the Convertible Notes, which solely consist of the following: (i) Base Capped Call Confirmation, dated June 11, 2019, by and between the Company and Bank of America, N.A.; (ii) Base Side Letter, dated June 11, 2019, by and between the Company and Bank of America, N.A.; (iii) Additional Capped Call Confirmation, dated June 14, 2019, by and between the Company and Bank of America, N.A.; (iv) Additional Side Letter, dated June 14, 2019, by and between the Company and Bank of America, N.A.; (v) Base Capped Call Confirmation, dated June 11, 2019, by and between the Company and Xxxxxx Xxxxxxx & Co. LLC; (vi) Base Side Letter, dated June 11, 2019, by and between the Company and Xxxxxx Xxxxxxx & Co. LLC; (vii) Additional Capped Call Confirmation, dated June 14, 2019, by and between the Company and Xxxxxx Xxxxxxx & Co. LLC; (viii) Additional Side Letter, dated June 14, 2019, by and between the Company and Xxxxxx Xxxxxxx & Co. LLC; (ix) Base Capped Call Confirmation, dated June 11, 2019, by and between the Company and Deutsche Bank AG, London Branch; (x) Base Side Letter, dated June 11, 2019, by and between the Company and Deutsche Bank AG, London Branch; (xi) Additional Capped Call Confirmation, dated June 14, 2019, by and between the Company and Deutsche Bank AG, London Branch; and (xii) Additional Side Letter, dated June 14, 2019, by and between the Company and Deutsche Bank AG, London Branch, in each case, as amended, restated, supplemented, or otherwise modified on or after the date hereof.
Capped Call Documentation means the agreements governing the Capped Call Transactions, in each case, as amended, restated, supplemented, or otherwise modified on or prior to the date hereof.
Capped Call Documentation means the documents set forth on Section 9.03(a) of the Company Disclosure Letter.
Capped Call Documentation means (i) the letter agreements Re: Base Call Option Transaction, each dated as of December 10, 2019, between the Company and each of X.X. Xxxxxx Xxxxx Bank, National Association, Xxxxxxx Xxxxx & Co. LLC and Nomura Global Financial Products Inc., each as supplemented by the side letters, each dated as of December 10, 2019, each as amended by the call option amendment agreements, each dated as of March 11, 2021, (ii) the letter agreements Re: Additional Call Option Transaction, each dated as of December 16, 2019, between the Company and each of X.X. Xxxxxx Xxxxx Bank, National Association, Xxxxxxx Xxxxx & Co. LLC and Nomura Global Financial Products Inc., each as supplemented by the side letters, each dated as of December 16, 2019, each as amended by the call option amendment agreements, each dated as of March 11, 2021, (iii) the letter agreements Re: Base Call Option Transaction, each dated as of March 8, 2021, between the Company and each of Bank of Montreal, Deutsche Bank AG, London Branch, X.X. Xxxxxx Xxxxx Bank, National Association and Xxxxx Fargo Bank, National Association, and (iv) the letter agreements Re: Additional Call Option Transaction, each dated as of March 9, 2021, between the Company and each of Bank of Montreal, Deutsche Bank AG, London Branch, X.X. Xxxxxx Xxxxx Bank, National Association and Xxxxx Fargo Bank, National Association.
Capped Call Documentation means (i) the letter agreement re: Base Call Option Transaction, dated as of July 22, 2020, between Purchaser and Nomura Global Financial Products, Inc., (ii) the letter agreement re: Base Call Option Transaction, dated as of July 22, 2020, between Purchaser and Goldman Sachs & Co. LLC, and (iii) the letter agreement re: Base Call Option Transaction, dated as of July 22, 2020, between Purchaser and Deutsche Bank AG, London Branch, in each case, as amended, restated, supplemented or otherwise modified from time to time prior to the date hereof.
Capped Call Documentation means, collectively, (a) the Base Capped Call Confirmation Letters, dated December 14, 2021, by and between the Company and each of Jefferies International Limited (“Jefferies”), Mizuho Securities USA, LLC, as agent for Mizuho Markets Americas LLC (“Mizuho”), RBC Capital Markets, LLC, as agent for Royal Bank of Canada (“RBC”), and Wells Fargo Bank National Association (“Wells Fargo”) and (b) the Additional Capped Call Confirmation Letters, dated December 15, 2021, by and between the Company and each of Jefferies, Mizuho, RBC and Wells Fargo.
Capped Call Documentation means (i) the confirmation and side letter (together, the “letter agreements”) Re: Base Call Option Transaction, dated as of September 19, 2019, between the Company and Bank of America, N.A., (ii) the letter agreements Re: Base Call Option Transaction, dated as of September 19, 2019, between the Company and RBC Capital Markets, LLC, (iii) the letter agreements Re: Base Call Option Transaction, dated as of September 19, 2019, between the Company and Xxxxxx Xxxxxxx & Co. LLC, (iv) the letter agreements Re: Base Call Option Transaction, dated as of September 19, 2019, between the Company and Xxxxxxxxx International Limited, (v) the letter agreements Re: Base Call Option Transaction, dated as of September 19, 2019, between the Company and Citibank, N.A., (vi) the letter agreements Re: Additional Call Option Transaction, dated as of September 20, 2019, between the Company and RBC Capital Markets, LLC, (vii) the letter agreements Re: Additional Call Option Transaction, dated as of September 20, 2019, between the Company and Xxxxxx Xxxxxxx & Co. LLC, National Association, (viii) the letter agreements Re: Additional Call Option Transaction, dated as of September 20, 2019, between the Company and Bank of America, N.A., (ix) the letter agreements Re: Additional Call Option Transaction, dated as of September 20, 2019, between the Company and Xxxxxxxxx International Limited and (x) the letter agreements Re: Additional Call Option Transaction, dated as of September 20, 2019, between the Company and Citibank, N.A.