Fixed Cash Amount definition
Examples of Fixed Cash Amount in a sentence
The Obligors shall not, at the close of business on the last Business Day in any calendar week during the periods set forth in the tables below, permit the Available Cash Amount to be less than the lesser of (x) the Fixed Cash Amount (as defined below) for such period and (y) the Variable Cash Amount (as defined below) at such time (such lesser amount, the “Required Available Cash Amount”).
If the Net Asset Amount of the Company as shown on the Estimated Closing Date Balance Sheet is less than the Net Asset Amount as shown on the September 30 Balance Sheet, the payment of the Fixed Cash Amount to the Transferors on the Closing Date shall be decreased, as a preliminary adjustment to the Fixed Cash Amount as provided in section 1.3(a)(i), by the amount of such deficiency (the "Estimated Price Decrease").
However, at any time prior to the 30th Scheduled Trading Day preceding August 15, 2016, the Company may irrevocably make a Net Share Settlement Election, which entitles the Company to pay an amount in cash equal to the Fixed Cash Amount in respect to the Notes tendered for conversion, together with shares of Common Stock to the extent that the Company’s payment obligations in respect of the Notes exceed such Fixed Cash Amount.
If the Company elects to satisfy its Conversion Obligation by delivering a combination of cash and shares of the Common Stock, the Company shall specify in such notice the portion to be paid in cash as the lesser of (a) the Fixed Cash Amount and (b) the Conversion Value.
Where an Alternative Settlement Election is made by the Issuer and the Alternative Settlement Election Notice specifies Cash Based Settlement, the relevant exercise of Conversion Rights shall be satisfied, in respect of each U.S.$100,000 principal amount of Bonds, by the payment to or to the order of the relevant Bondholder of the Fixed Cash Amount and the delivery to such Bondholder of the Conversion ADSs.
If the Net Asset Amount of the Seller as shown on the Estimated Closing Date Balance Sheet is less than the Net Asset Amount as shown on the April 30 Balance Sheet, the payment of the Fixed Cash Amount to the Seller on the Closing Date shall be decreased, as a preliminary adjustment to the Fixed Cash Amount as provided in section 3.2(a)(i), by the amount of such deficiency (the "Estimated Price Decrease").
In addition, the Company may at any time prior to the 35th Scheduled Trading Day preceding the Maturity Date irrevocably elect to satisfy its Conversion Obligation in a combination of cash and shares of Common Stock with a Fixed Cash Amount of $1,000 per $1,000 principal amount of the Notes (such settlement method, “Net Share Settlement”).