Delivery Obligation definition
Delivery Obligation. In lieu of the obligations set forth in Sections 8.1 and 9.1 of the Equity Definitions, and subject to “Notice of Exercise” above and “Discretionary Adjustments” and “Consequences of Merger Events” below, in respect of an Exercise Date, Dealer will deliver to Counterparty on the related Settlement Date (the “Delivery Obligation”), (i) a number of Shares equal to the product of the Applicable Percentage and the aggregate number of Shares, if any, that Counterparty would be obligated to deliver to the holder(s) of the Relevant Convertible Securities for such Conversion Date pursuant to Section 4.02(a)(ii)(A) or 4.02(a)(ii)(C) of the Indenture (rounded down to the nearest whole number) and cash in lieu of any fractional Share resulting from such rounding and/or (ii) the product of the Applicable Percentage and the aggregate amount of cash, if any, in excess of the principal amount of the Relevant Convertible Securities that Counterparty would be obligated to deliver to holder(s) of the Relevant Convertible Securities for such Conversion Date pursuant to Section 4.02(a)(ii)(B) or 4.02(a)(ii)(C) of the Indenture, determined, for each of clauses (i) and (ii), by the Calculation Agent (by reference to such Sections of the Indenture) as if Counterparty had elected to satisfy its conversion obligation in respect of such Relevant Convertible Securities by the Applicable Settlement Method, notwithstanding any different actual election by Counterparty with respect to the settlement of such Relevant Convertible Securities; provided that the Delivery Obligation shall be determined excluding any Shares and/or cash that Counterparty is obligated to deliver to holder(s) of the Relevant Convertible Securities as a direct or indirect result of any adjustments to the Conversion Rate pursuant to a Discretionary Adjustment and any interest payment that Counterparty is (or would have been) obligated to deliver to holder(s) of the Relevant Convertible Securities for such Conversion Date. Notwithstanding the foregoing, if, in respect of any Exercise Date, (x)(I) the number of Shares included in the Delivery Obligation multiplied by the Share Obligation Value Price plus (II) the amount of cash included in the Delivery Obligation, would otherwise exceed (y) the product of the Applicable Percentage and the relevant Net Convertible Share Obligation Value, such number of Shares and such amount of cash shall be proportionately reduced to the extent necessary to eliminate such excess.
Delivery Obligation. In lieu of the obligations set forth in Sections 8.1 and 9.1 of the Equity Definitions, and subject to “Notice of Exercise” above, in respect of an Exercise Date, Dealer will deliver to Counterparty on the related Settlement Date (the “Delivery Obligation”):
Delivery Obligation. For any Settlement Date, the Net Share Settlement Amount or the Cash Settlement Amount payable or deliverable on such Settlement Date.
Examples of Delivery Obligation in a sentence
For any Exercise Date, the date one Settlement Cycle following the final day of the relevant Cash Settlement Averaging Period; provided that the Settlement Date shall not be prior to the Exchange Business Day immediately following the date Counterparty provides the Notice of Delivery Obligation prior to 5:00 P.M., New York City time.
For the avoidance of doubt, the Delivery Obligation shall be calculated on the basis of such adjustments by the Calculation Agent.
Pipeline shall not be obligated to, but may at its discretion, deliver at any Point of Delivery on any day a quantity of gas in excess of the applicable Maximum Daily Delivery Obligation (MDDO), but shall not deliver in the aggregate at all Points of Delivery on any day a quantity of gas in excess of the applicable MDQ.
On any given Day, Pipeline shall not be obligated to, but may at its sole discretion, deliver at Point(s) of Delivery quantities of gas in excess of Pipeline's Maximum Daily Delivery Obligation (MDDO), but shall not be obligated to deliver in the aggregate at all Points of Delivery on any Day a quantity of gas in excess of the applicable MDTQ.
Pipeline shall not be obligated to, but may at its discretion, deliver at any Point of Delivery on any day a quantity of gas in excess of the applicable Maximum Daily Delivery Obligation (MDDO), but shall not deliver in the aggregate at all Points of Delivery on any day a quantity of gas in excess of the MDQ.
More Definitions of Delivery Obligation
Delivery Obligation. In lieu of the obligations set forth in Sections 8.1 and 9.1 of the Equity Definitions, and subject to “Notice of Exercise” above, in respect of any Exercise Date, Dealer will deliver to Counterparty on the related Settlement Date (the “Delivery Obligation”), a number of Shares and/or amount of cash equal to the aggregate number of Shares and/or amount of cash that Counterparty would be obligated to deliver to the holder(s) of the Relevant Convertible Securities for the related Conversion Date pursuant to Section 4.03(a)(2) of the Supplemental Indenture (reflecting the Applicable Percentage) for each of the “VWAP Trading Days” (as defined in the Indenture) in the relevant “Cash Settlement Averaging Period” (as defined in the Indenture), and representing an aggregate number of Shares and/or amount of cash, with respect to each such “VWAP Trading Day” (as defined in the Indenture) equal to:
Delivery Obligation. In lieu of the obligations set forth in Sections 5.1 and 6.1 of the Equity Definitions, and subject to Notice of Exercise and Notice of Settlement Method above, in respect of an Exercise Date, Bank will deliver to Counterparty, on the related Settlement Date,
Delivery Obligation. In lieu of the obligations set forth in Sections 8.1 and 9.1 of the Definitions, and subject to “Notice of Exercise” above, in respect of an Exercise Date occurring on a Conversion Date, Seller will deliver to Counterparty, on the related Settlement Date, the product of the Applicable Percentage and a number of Shares and/or amount of cash in USD equal to the aggregate number of Shares and/or amount of cash in USD that Counterparty is obligated to deliver to the holder(s) of the Convertible Notes converted on such Conversion Date pursuant to the Net Share Provision of the Indenture (the “Convertible Obligation”); provided that such obligation shall be determined excluding any Shares (or cash) that Counterparty is obligated to deliver to holder(s) of the Convertible Notes as a result of any adjustments to the Conversion Rate pursuant to the Excluded Provisions of the Indenture and the Seller shall have no delivery obligation hereunder with respect to the “Daily Principal Return” (as defined in the Indenture). For the avoidance of doubt, if the aggregate “Daily Conversion Value” (as defined in the Indenture) in respect of each USD1,000 principal amount of Convertible Notes is less than or equal to USD1,000, Seller will have no delivery obligation hereunder. Net Share Provision: As set forth in the Confirmation for such Transaction.
Delivery Obligation means an obligation arising as a result of the exercise of a Contract; "Designated Bank" means a bank designated by a SEOCH Participant and appointed by SEOCH from time to time as being eligible for money settlements in relation to clearing services provided by SEOCH through fund transfers to and from a Settlement Bank; "Direct Clearing Member" means an SEOCH Member registered as a direct clearing member pursuant to these Clearing Rules effective immediately prior to the Scheme Effective Date; "Direct Clearing Participant" means a SEOCH Participant registered as a Direct Clearing Participant pursuant to Chapter 3 of these Clearing Rules, and “Direct Clearing Participantship” shall be construed accordingly; “Early Termination Date” means, in respect of an OCH Contract registered in the name of a SEOCH Participant, the date determined as an Early Termination Date for such OCH Contract in accordance with Clearing Rule 723F or 723G, as the case may be. An OCH Contract shall be terminated or novated with effect from the Early Termination Date relating to it; “Error Trade” has the same meaning as in the Options Trading Rules; “event of default” means an event relating to a SEOCH Participant as referred to in Clearing Rule 701; and in the case of a SEOCH Participant being declared a Defaulter because of an event of default, the date of occurrence of the event of default refers to the date the SEOCH Participant is declared to be a Defaulter; "Exchange" has the same meaning as in the Exchange Rules; "Exchange Participant" has the same meaning as in the Options Trading Rules; "Exchange Rules" has the same meaning as in the Options Trading Rules; "Exchange Traded Options Business" has the same meaning as in the Options Trading Rules; “Exchange Trading System” means the automatic order matching and execution system as installed and operated by the Exchange forsecurities trading;
Delivery Obligation. In lieu of the obligations set forth in Sections 8.1 and 9.1 of the Equity Definitions, and subject to “Notice of Exercise” above, in respect of an Exercise Date occurring on a Conversion Date, Dealer will deliver to Counterparty, on the related Settlement Date, the product of the Applicable Percentage and a number of Shares equal to the aggregate number of Shares that Counterparty is obligated to deliver to the holder(s) of the Relevant Convertible Notes converted on such Conversion Date pursuant to Section 10.02(A)(ii) of the Indenture (the “Convertible Obligation”); provided that such obligation shall be determined excluding any Shares that Counterparty is obligated to deliver to holder(s) of the Relevant Convertible Notes as a result of any adjustments to the Conversion Rate pursuant to Section 10.05(f) or Section 10.08 of the Indenture. For the avoidance of doubt, if on any Conversion Date, Counterparty is required to deliver Other Consideration to the holder(s) of the Relevant Convertible Notes converted on such Conversion Date pursuant to Section 10.02(A)(ii) of the Indenture, then in lieu of Shares, the Convertible Obligation shall be payable in Other
Delivery Obligation. In lieu of the obligations set forth in Sections 8.1 and 9.1 of the Equity Definitions, and subject to “Notice of Exercise” above and Section 10.02(a)(iii) of the Indenture, in respect of an Exercise Date, Dealer will deliver to Counterparty, on the related Settlement Date (the “Delivery Obligation”), a number of Shares and/or an amount of cash equal to the aggregate number of Shares and/or amount of cash, if any, that Counterparty would be obligated to deliver to the holder(s) of the Relevant Convertible Securities on such Settlement Date pursuant to Section 10.02(a)(i) of the Indenture (reflecting the Applicable Percentage), and representing an aggregate amount, with respect to each VWAP Trading Day (as defined in the Indenture) in the relevant Observation Period, equal to:
Delivery Obligation in Part A, the Delivery obligation for each REC is a Firm obligation.