Examples of Capped Combination Settlement in a sentence
Notwithstanding anything to the contrary, the Company must elect Cash Settlement to settle its Make-Whole Obligation for any conversion with a Conversion Date that occurs before the Capped Combination Settlement Release Date.
If the Company elects Combination Settlement but does not timely notify converting Holders of the Specified Dollar Amount per $1,000 principal amount of Notes, such Specified Dollar Amount will be deemed to be the Capped Combination Settlement Cash Amount or, following satisfaction of the Share Reservation Condition, $1,000.
On and after the Capped Combination Settlement Release Date, if at all, the Company may from time to time elect a different Conversion Settlement Method by written notice of such election (the “Settlement Notice”) to Holders, the Trustee and the Conversion Agent.
Notwithstanding anything to the contrary in this Indenture or the Notes, unless and until the Company satisfies the Share Reservation Condition, the Company shall be prohibited from electing Physical Settlement or Combination Settlement; provided that, before the Company has satisfied the Share Reservation Condition, the Company shall be permitted to elect Capped Combination Settlement.
If the Company elects Combination Settlement in accordance with these provisions but omits to elect a Cash Amount, then the Cash Amount will be deemed to be (x) the Capped Combination Settlement Cash Amount for all conversions with a Conversion Date that is before the Capped Combination Settlement Release Date; and (y) $1,000 in all other cases.
However, the Company may nonetheless choose to execute such an amendment at its option.Notwithstanding anything to the contrary in this Indenture or the Notes, unless and until the Company satisfies the Share Reservation Condition, the Company shall be prohibited from electing Physical Settlement or Combination Settlement; provided that, before the Company has satisfied the Share Reservation Condition, the Company shall be permitted to elect Capped Combination Settlement.
Notwithstanding anything to the contrary in this Indenture or the Notes, unless and until the Company obtains the Requisite NASDAQ Stockholder Approval, the Company is prohibited from electing Physical Settlement or Combination Settlement; provided, however, that, before the Company has obtained the Requisite NASDAQ Stockholder Approval, the Company will be permitted to elect Capped Combination Settlement.
The Company will notify the Holders of the Notes, the Trustee and the Conversion Agent of the date the Company has obtained the NYSE American Stockholder Approval, if at all, and the occurrence of the Capped Combination Settlement Release Date no later than the date the NYSE American Stockholder Approval is obtained and the Capped Combination Settlement Release Date, respectively.
The Company will notify the Holders of the Notes, the Trustee and the Conversion Agent of the date the Company has obtained the NYSE MKT Stockholder Approval, if at all, and the occurrence of the Capped Combination Settlement Release Date no later than the date the NYSE MKT Stockholder Approval is obtained and the Capped Combination Settlement Release Date, respectively.