Daily Share Cap definition

Daily Share Cap means, for any Trading Day during the relevant Observation Period, 2.0% of 14.0984 shares of Common Stock, subject (x) to adjustment in the same manner and on a proportional basis as the Base Conversion Rate as set forth in Section 14.03 and Section 14.04 and (y) to the Conversion Rate Cap.

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Daily Share Cap means an amount, rounded down to the nearest 1/10,000th of a share, equal to:

Daily Share Cap means, in respect of each $1,000 principal amount of Securities, 1/10th of 102.3018 shares of Common Stock, subject to adjustment in the same manner as the Base Conversion Rate as set forth herein.

Examples of Daily Share Cap in a sentence

• If the Company obtains Stockholder Approval, thereafter, there shall be no Daily Share Cap applicable to the calculation of the Daily Settlement Amounts due upon conversion.

• There shall not be any adjustment to the conversion privilege, the Base Conversion Rate, Incremental Share Factor or Daily Share Cap at any time based on the Company’s stockholder rights plan, any amendment to that plan, or any further stockholder rights plan as contemplated by Section 8.10(b) below that the Company may adopt prior to the distribution of separate certificates representing such Rights.

• For the avoidance of doubt, the settlement of conversions of the Securities in connection with a Make-Whole Fundamental Change shall be subject to the Daily Share Cap, if applicable.

• Notwithstanding the foregoing, if the Daily Conversion Rate Fraction for any Trading Day in the relevant Cash Settlement Averaging Period would otherwise be greater than the Daily Share Cap, the Daily Conversion Rate Fraction for such Trading Day shall be equal to the Daily Share Cap.

• These calculations include, but are not limited to, determinations of the Closing Sale Price of the Common Stock, the VWAP Prices, the Daily Conversion Values, the Daily Share Cap, the Daily Settlement Amounts, accrued interest payable on the Securities, the Conversion Rate and Conversion Price.

More Definitions of Daily Share Cap

Daily Share Cap means an amount, rounded down to the nearest 1/10,000th of a share, equal to: 40× N where, AC = the Aggregate Share Cap; and N = the Notional Aggregate Principal Amount.

Daily Share Cap means 7.2369 ADSs per $1,000 principal amount of Notes (or 6.2930 ADS per $1,000 principal amount of Notes if the Initial Purchasers exercise their over-allotment option in full) which is equivalent to the quotient of (i) 19.99% of the number of ADSs and/or Ordinary Shares outstanding immediately prior to the issuance of the Notes divided by (ii) the product of (A) the aggregate principal amount of Notes outstanding at their initial issuance (expressed in thousands) and (B) the number of VWAP Trading Days in the Observation Period. To the extent that the Initial Purchasers’ overallotment right granted pursuant to the Purchase Agreement is exercised, but not in full, the Daily Share Cap shall be adjusted to reflect such exercise with such additional Notes issued included in “the aggregate principal amount of Notes outstanding at their initial issuance” in the preceding equation.

Daily Share Cap means, with respect to any conversion of a Note pursuant to Capped Combination Settlement, a number of shares of Common Stock, rounded down to the nearest 1/10,000th of a share, equal to:

Daily Share Cap means 1.3389 shares of Common Stock per $1,000 principal amount of Securities, which is equivalent to the quotient of (i) the product of (A) 19.99% of the number of shares of common stock, no par value, of the Company (the “Company Common Stock”) outstanding immediately prior to the Issue Date and (B) 1.125, which is the number of shares of Common Stock issued in respect of each share of Company Common Stock issued and outstanding immediately prior to the effective time of the merger of BLMS Inc., a California corporation and wholly owned subsidiary of Parent, with and into the Company, pursuant to which the Company became a wholly owned subsidiary of Parent, divided by (ii) the product of (A) the aggregate Principal Amount of Securities Outstanding on the Issue Date (expressed in thousands) and (B) the number of Trading Days in the Observation Period; provided that to the extent that additional Securities are issued pursuant to the Initial Purchasers’ overallotment right granted pursuant to the Purchase Agreement, the Daily Share Cap shall be adjusted with such additional Securities included in “the aggregate Principal Amount of Securities Outstanding on the Issue Date” in the preceding equation.”

Daily Share Cap means, with respect to the Conversion of any Note (such Note being referred to as the “reference Note” for purposes of this definition), a number of shares of Common Stock, rounded down to the nearest 1/10,000th of a share, equal to:

Daily Share Cap means an amount, rounded down to the nearest 1/10,000th of a share, equal to: where, AC = [●], which is equal to that portion of the Exchange Cap that may be issued pursuant to Section 14.02(l) upon conversion of the Notes prior to the receipt of Stockholder Approval or a conclusion as contemplated by Section 14.02(l) that such approval is not required; and N = the Notional Aggregate Principal Amount.

Daily Share Cap means, with respect to any conversion of a Note pursuant to Capped Combination Settlement, a number of shares of Common Stock, rounded down to the nearest 1/10,000th of a share, equal to: where, ASC = the Aggregate Share Cap; O = the Observation Period Length applicable to such conversion; and N = the aggregate principal amount of Notes issued on the Issue Date.