Cash Settled Shares means, in respect of the exercise of Conversion Rights by a holder, such number of Ordinary Shares (which shall be a whole number of Ordinary Shares and shall not exceed the number of Reference Shares in respect of such exercise) as determined by the Issuer and notified to the relevant holder in the relevant Cash Alternative Election Notice in accordance with Condition 6(l).
Cash Settled Shares means, in respect of an exercise of Conversion Rights by a Bondholder, such number of Ordinary Shares (which shall not exceed the number of Reference Shares in respect of such exercise) as determined by the Issuer and notified to the relevant Bondholder in the relevant Alternative Settlement Election Notice in accordance with Condition 6(c).
Cash Settled Shares means, in respect of any exercise of a Settlement Right by a holder where the Settlement Date falls prior to the Physical Settlement Date, the number of Ordinary Shares (including, for this purpose, any fraction of an Ordinary Share) determined by dividing the aggregate principal amount of the relevant Bonds in respect of which the Settlement Right shall have been exercised by the relevant Bondholder by the Conversion Price in effect on the relevant Settlement Date except that where the Settlement Date falls on or after the date an adjustment to the Conversion Price takes effect pursuant to Conditions 6(b)(i), 6(b)(ii), 6(b)(iii), 6(b)(iv), 6(b)(v) or 6(b)(ix) but on or prior to the record date or other due date for establishment of entitlement in respect of the relevant event giving rise to such adjustment, then the Conversion Price in respect of such exercise shall be such Conversion Price as would have been applicable to such exercise had no such adjustment been made.A “Change of Control” shall occur if:
Examples of Cash Settled Shares in a sentence
Upon delivery of the Irrevocable Cash Settlement Notice, the Company shall be required to pay each Holder that exercises its right to convert its Securities into Common Stock an amount of cash for the Cash Settled Shares as determined pursuant to this Article and shall no longer have the right to deliver Common Stock in respect of the Cash Settled Shares upon conversion of such Securities.
Local government involvement regarding sunk costs and market conditions seems hardly possible and may lead to a diminished level playing field.
Furthermore, the Company may, at any time, deliver additional Irrevocable Cash Settlement Notices for the purpose of increasing the number of Cash Settled Shares.
If settlement of this Award is subject to the foregoing delay in payment, then on or before your separation from service the Company shall determine how many vested Shares subject to this Award (if any) will be settled with cash ("Cash Settled Shares") and the Fair Market Value of a Share as of your separation from service shall be used for purposes of determining the value of this cash amount that will be paid to you (without interest) with respect to the Cash Settled Shares.
In the event that the Conversion Rate is greater than the number of Cash Settled Shares, the Company shall continue to have the right to cash settle all or a portion of such additional shares in accordance with Section 11.6 of this Indenture.
More Definitions of Cash Settled Shares
Cash Settled Shares means the Reference Shares, minus (if applicable) the Fixed Number of Ordinary Shares. a “Change of Control” shall occur if an offer is made by any person to all (or, substantially all) Shareholders (or all (or substantially all) such Shareholders other than the offeror and/or any parties acting in concert (as defined in Article 3, paragraph 1, 5° of the Belgian Law of 1 April 2007 on public takeover bids, as amended) with the offeror), to acquire all or a majority of the issued ordinary share capital of the Issuer and (the period for such offer being closed, the definitive results of such offer having been announced and such offer having become unconditional in all respects) the offeror has acquired, or, following the publication of the results of such offer by the offeror, is entitled to acquire as a result of such offer, post-completion thereof, Ordinary Shares or other voting rights of the Issuer so that it has the right to cast more than 50 per cent. of the votes which may ordinarily be cast on a poll at a general meeting of the Issuer, whereby the date on which the Change of Control shall be deemed to have occurred shall be the date of the publication by the offeror of the results of the relevant offer (and for the sake of clarity prior to any reopening of the offer in accordance with Article 42 of the Belgian Royal Decree of April 27, 2007 on takeover bids).
Cash Settled Shares means the number of Ordinary Shares (including any fraction of an Ordinary Share) which is equal to the Reference Shares minus, if any, the Fixed Number of Shares.
Cash Settled Shares means, in respect of (i) the exercise of Conversion Rights by a holder, such number of Ordinary Shares (which shall not exceed the number of Reference Shares in respect of such exercise) as determined by the Issuer and notified to the relevant holder in the relevant Cash Alternative Election Notice in accordance with Condition 6(l) or (ii) any exercise of a Settlement Right by a holder where the Settlement Date falls prior to the Physical Settlement Date, the number of Ordinary Shares (including, for this purpose, any fraction of an Ordinary Share but rounded, if necessary, to five decimal places, with 0.000005 being rounded up) determined by dividing the principal amount of the relevant Bonds in respect of which the Settlement Right shall have been exercised by the relevant Bondholder by the Conversion Price in effect on the relevant Settlement Date.a “Change of Control” shall occur if (a) an offer is made to all (or as nearly as may be practicable all) Shareholders or all (or as nearly as may be practicable all) such Shareholders other than the offeror and/or any associate of the offeror to acquire all or a majority of the Ordinary Shares and the offeror acquires control of the Issuer (other than as a result of an Exempt Newco Scheme or where the offeror is an Exempt Person) and where “control” means the acquisition or holding or legal or beneficial ownership or control of more than 50 per cent. of the Voting Rights of the Issuer, and “controlled” shall be construed accordingly; or (b) at any time the Free Float of the Issuer falls below 15 per cent. of the issued outstanding Ordinary Shares and does not revert to, and remain, at least 15 per cent. of the issued outstanding Ordinary Shares of the Issuer within 90 calendar days of the first date on which it falls below such 15 per cent. threshold.
Cash Settled Shares means, in respect of (i) the exercise of Conversion Rights by a holder, such number of Shares (which shall be a whole number of Shares and which shall not exceed the number of Reference Shares) as determined by the Issuer and notified to the relevant Noteholder in the relevant Cash Alternative Election Notice in accordance with Condition 14(b) (Cash Alternative Election – Cash Alternative Election Notice) or (ii) any exercise of Settlement Rights by a holder where the Settlement Date falls prior to the Physical Settlement Commencement Date, the number of Shares (including, for this purpose, any fraction of a Share) determined by dividing the principal amount of the relevant Notes in respect of which the Settlement Rights shall have been exercised by the relevant Noteholder by the Conversion Price in effect on the relevant Settlement Date.
Cash Settled Shares means, in respect of an exercise of Conversion Rights by a Bondholder, such number of Ordinary Shares (which shall not exceed the number of Reference Shares in respect of such exercise) asdetermined by the Issuer and notified to the relevant Bondholder in the relevant Alternative Settlement Election Notice in accordance with Condition 6(c).A “Change of Control” shall occur if (i) any person or persons, acting together, acquire(s) or becomes, directly or indirectly, the legal or beneficial owner of more than 50 per cent. of the issued ordinary share capital of the Issuer (other than in any such case as a result of an Exempt Newco Scheme) or (ii) any person makes an offer to all (or as nearly as may be practicable all) Shareholders (or all (or as nearly as may be practicable all) such Shareholders other than the offeror and/or any associate of the offeror), to acquire all or a majority of the issued ordinary share capital of the Issuer or if any person proposes a Scheme of Arrangement with regard to such acquisition (other than an Exempt Newco Scheme) and (such offer or Scheme of Arrangement having become or been declared unconditional in all respects or having become effective) such person acquires or becomes, directly or indirectly, the legal or beneficial owner of more than 50 per cent. of the issued ordinary share capital of the Issuer.
Cash Settled Shares means, in respect of an exercise of Conversion Rights by a Noteholder, such number of Class A Shares (which shall not exceed the number of Reference Shares in respect of such exercise) as determined by the Issuer and notified to the relevant Noteholder in the relevant Alternative Settlement Election Notice in accordance with Condition 6(c).A “Change of Control” shall occur if any person or persons acting together (in each case other than a Permitted Holder) (i) acquire(s) or become(s), directly or indirectly, the legal or beneficial owner of more than 50 per cent. of the voting rights attributable to either (A) the Class A Shares and Class B Shares taken together, or (B) all voting securities of the Issuer taken together; or (ii) acquire(s) the right to appoint and/or remove all or a majority of the members of the board of directors (raad van bestuur) of the Issuer.
Cash Settled Shares means, in respect of any exercise of (i) a Settlement Right by a Bondholder, the number of Shares determined by dividing the Nominal Amount of the relevant Bonds by the Conversion Price (or, where the provisions of paragraph (c) of Clause 10.3 (Redemption at the option of a Bondholder due to a Change of Control Event prior to satisfaction of the Conversion Right Conditions) apply following the occurrence of a Change of Control Event, the relevant Change of Control Conversion Price) in effect on the relevant Settlement Notice Date; or (ii) the Conversion Right by a Bondholder in respect of which a Cash Settlement Election is made by the Issuer, such number of Shares (which shall be a whole number of Shares and not exceed the number of Reference Shares) as is specified by the Issuer in its sole discretion in the relevant Cash Settlement Election Notice in accordance with Clause 12.7.