Early Mandatory Settlement Rate definition

Early Mandatory Settlement Rate shall be the Maximum Settlement Rate, unless the Closing Price of the Common Stock for 20 or more Trading Days in a period of 30 consecutive Trading Days ending on the Trading Day immediately preceding the Notice Date exceeds 130% of the Threshold Appreciation Price in effect on each such Trading Day, in which case the “Early Mandatory Settlement Rate” shall be the Minimum Settlement Rate.

Early Mandatory Settlement Rate shall be the Maximum Settlement Rate as of the Early Mandatory Settlement Notice Date.

Early Mandatory Settlement Rate shall be the Maximum Settlement Rate as of the Early Mandatory Settlement Notice Date unless the Closing Price of the Common Stock for at least 20 Trading Days (whether or not consecutive), including the Trading Day immediately preceding the Early Mandatory Settlement Notice Date in a period of 30 consecutive Trading Days ending on, and including, the Trading Day immediately preceding the Early Mandatory Settlement Notice Date exceeds 130% of the Threshold Appreciation Price in effect on each such Trading Day, in which case the “Early Mandatory Settlement Rate” shall be the Minimum Settlement Rate as of the Early Mandatory Settlement Notice Date.

Examples of Early Mandatory Settlement Rate in a sentence

• These calculations include, but are not limited to, determination of the applicable Mandatory Settlement Rate, the Fixed Settlement Rates, the Early Settlement Rate, the Early Mandatory Settlement Rate, the Fundamental Change Early Settlement Rate, the Applicable Market Value, the Closing Price and the VWAP, as the case may be.

• For the avoidance of doubt, if the Company makes an adjustment to the Fixed Settlement Rates pursuant to this Section 5.01, such adjustment will result in a corresponding adjustment to the Early Settlement Rate and the Early Mandatory Settlement Rate.

• For the avoidance of doubt, if the Company makes an adjustment to the Fixed Settlement Rates pursuant to this Section 5.01, such adjustment shall result in a corresponding adjustment to the Early Settlement Rate and the Early Mandatory Settlement Rate.

• These calculations include, but are not limited to, determination of the applicable Settlement Rate, the Fixed Settlement Rates, the Early Settlement Rate, the Early Mandatory Settlement Rate, the Merger Redemption Rate, the Fundamental Change Early Settlement Rate, the Applicable Market Value, the Redemption Market Value, the Market Value and the Daily VWAP, as the case may be.

• These calculations include, but are not limited to, determination of the applicable Mandatory Settlement Rate, the Fixed Settlement Rates, the Early Settlement Rate, the Early Mandatory Settlement Rate, the Fundamental Change Early Settlement Rate, the Applicable Market Value, the Closing Price and the daily VWAP, as the case may be.

More Definitions of Early Mandatory Settlement Rate

Early Mandatory Settlement Rate has the meaning set forth in Section 4.07(a).

Early Mandatory Settlement Rate shall have the meaning set forth in the Purchase Contract Agreement.

Early Mandatory Settlement Rate is the Maximum Settlement Rate in effect immediately prior to the Close of Business on the third Business Day immediately preceding the date on which the Company provides the Early Mandatory Settlement Notice to the Purchase Contract Agent, the Trustee and the Holders (the “Early Mandatory Settlement Notice Date”) (such Business Day, the “Early Mandatory Relevant Date”), provided that, for the avoidance of doubt, the Early Mandatory Settlement Rate shall continue to be subject to adjustments as provided in Section 5.01 herein for any events described therein that occur prior to the Early Mandatory Settlement Date.

Early Mandatory Settlement Rate is the Maximum Settlement Rate in effect immediately prior to the Close of Business on the third Business Day immediately preceding the date on which the Company provides the Early Mandatory Settlement Notice to the Purchase Contract Agent and the Holders (the “Early Mandatory Settlement Notice Date”) (such Business Day, the “Early Mandatory Relevant Date”), provided that, for the avoidance of doubt, the Early Mandatory Settlement Rate shall continue to be subject to adjustments as provided in Section 5.01 herein for any events described therein that occur prior to the Early Mandatory Settlement Date.

Early Mandatory Settlement Rate shall be the Maximum Settlement Rate in effect on the Early Mandatory Settlement Notice Date, unless the Daily VWAP of the Class A Common Stock for (x) 20 or more Trading Days in a period of 30 consecutive Trading Days ending on, and including, the Trading Day immediately preceding the Early Mandatory Settlement Notice Date and (y) the last Trading Day in such period, in each case, exceeds 130% of the Threshold Appreciation Price in effect on each such Trading Day, in which case the “Early Mandatory Settlement Rate” shall be the Minimum Settlement Rate on the Early Mandatory Settlement Notice Date.

Early Mandatory Settlement Rate shall be the Early Settlement Rate that would apply in respect of a Purchase Contract that a Holder elected to settle early pursuant to Section 4.06 as if the reference to “the relevant Early Settlement Date” in clause (ii) of the definition of Market Value Averaging Period were a reference to “the Early Mandatory Settlement Notice Date.”

Early Mandatory Settlement Rate shall be the Maximum Settlement Rate on the Notice Date, unless the Daily VWAP of the Common Stock for 20 or more Trading Days in a period of 30 consecutive Trading Days ending on, and including, the Trading Day immediately preceding the Notice Date exceeds 130% of the Threshold Appreciation Price in effect on each such Trading Day, in which case the “Early Mandatory Settlement Rate” shall be the Fundamental Change Early Settlement Rate with the Effective Date for this purpose being deemed to be the Early Mandatory Settlement Date specified in the Early Mandatory Settlement Notice and the Stock Price for this purpose being deemed to be the average of the Daily VWAPs of the Common Stock over the 10 consecutive Trading Day period ending on, and including, the Trading Day immediately preceding the Early Mandatory Settlement Date.