Supplemental Exercise Notice means a written notice delivered not less than ten (10) business days nor more than twenty (20) business days prior to the Supplemental Closing Date which sets forth the number of shares of Series A Preferred Stock and the number of shares of Common Stock purchasable pursuant to the Stock Purchase Warrant.
Supplemental Exercise Notice is defined in Section 10.4(b)(ii).
Supplemental Exercise Notice setting forth the number of Reference Notes converted during such period; and provided further that the delivery by Buyer of an Exercise Notice after the Conversion Reference Period has commenced but prior to the close of business on the fifth Trading Day of such Conversion Reference Period shall be effective, in which case the Settlement Method shall be Net Share Settlement but without regard to subsection (ii) of the definition of Net Share Settlement and subject to adjustments to the Net Share Settlement Amount as specified below. Seller’s Telephone Number and/or Facsimile Number and Contact Details for purpose of Giving Notice: To be provided by Seller.
Examples of Supplemental Exercise Notice in a sentence
Subject to the delivery of an Exercise Notice and, if applicable, a Supplemental Exercise Notice to the Seller, the third (3rd) Exchange Business Day following the final Trading Day in the applicable Conversion Reference Period in respect of the relevant Conversion Date.
The holder of this Supplemental Warrant may, and shall on the Supplemental Closing Date, provided the Supplemental Exercise Notice is given and the Closing Conditions are satisfied as required below, exercise this Supplemental Warrant in full by surrendering this Supplemental Warrant, with the form of Election to Purchase at the end hereof duly executed by such holder, to the Company in the manner set forth in Section 11 of the Securities Purchase Agreement.
This Warrant may, and shall on the Supplemental Closing Date provided, the Supplemental Exercise Notice is given and the Closing Conditions are satisfied as required above, be exercised in part by surrender of this Supplemental Warrant in the manner provided in Subsection 3.1, except that the exercise price shall be equal to the aggregate principal amount of the Company's Debentures as shall be designated by the holder or the Company, as applicable, in the Supplemental Exercise Notice.
The term the "Supplemental Closing Date" shall mean the date specified in a duly delivered Supplemental Exercise Notice.
The term the "Supplemental Exercise Notice" shall mean a written notice delivered not less than ten (10) business days nor more than twenty (20) business days prior to the Supplemental Closing Date which sets forth the Additional Debentures and the number of shares of Common Stock purchasable pursuant to the Additional Warrant.
More Definitions of Supplemental Exercise Notice
Supplemental Exercise Notice setting forth the number of Reference Notes converted during such period; and provided further that the delivery by Buyer of an Exercise Notice after the Conversion Reference Period has commenced but prior to the close of business on the fifth Trading Day of such Conversion Reference Period shall be effective; however, in such case the Net Share Settlement Amount shall be subject to adjustments as specified below and the Net Cash Settlement Amount shall be deemed to be zero. Seller’s Telephone Number and/or Facsimile Number and Contact Details for purpose of Giving Notice: Barclays Capital Inc. 000 Xxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: General Counsel Telephone: (+0) 000-000-0000 Facsimile: (+0) 000-000-0000 with a copy to: Barclays Capital Inc. 000 Xxxxxxx Xxx. Xxx Xxxx, XX 00000 Attn: Xxxx Xxxxxxxx Telephone: (+0) 000-000-0000 Facsimile: (+0) 000-000-0000 and PURSUANT TO 17 CFR 240.24b-2, CONFIDENTIAL INFORMATION (INDICATED BY [***]) HAS BEEN OMITTED FROM THIS DOCUMENT AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A CONFIDENTIAL TREATMENT APPLICATION FILED WITH THE COMMISSION. Barclays Bank PLC 0 Xxx Xxxxx Xxxxxxxxx Xxxxxx Xxxxx, Xxxxxx X00 0XX Facsimile: +00 (00) 000 00000 Phone: +00 (00) 000 00000
Supplemental Exercise Notice setting forth the number of Reference Notes converted during such period; provided further that, notwithstanding the foregoing, such notice (and the related automatic exercise of Options) shall be effective if given after the relevant Notice Deadline but prior to 5:00 PM New York City time, on the fifth Scheduled Trading Day following the Notice Deadline, in which event (A) the Calculation Agent shall adjust the Delivery Obligation (as defined below) as appropriate to reflect the additional costs (including, but not limited to, hedging mismatches and market losses) and reasonable expenses incurred by Seller in connection with its hedging activities (including the unwinding of any hedge position) as a result of its not having received such notice prior to the applicable Notice Deadline and (B) the Cash Percentage shall be deemed to be zero. If Buyer wishes to designate a Cash Percentage different from zero, then Buyer shall represent and warrant in the Exercise Notice that, at the time such election was made, Xxxxx has publicly disclosed all material information with respect to itself and the Shares necessary for Buyer to be able to purchase or sell Shares in compliance with applicable federal securities laws. Seller’s Telephone Number and Telex and/or Facsimile Number and Contact Details for purpose of Giving Notice: Address: Attention: Facsimile No.: Telephone No.: Xxxxxxx Xxxxx Financial Markets, Inc. 0 Xxxxx Xxxxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 10080 Xxxxxxx Xxxxx Financial Centre Manager of Equity Documentation (000) 000-0000 (000) 000-0000
Supplemental Exercise Notice setting forth the number of Reference Notes converted during such period; and provided further that the delivery by Buyer of an Exercise Notice after the Conversion Reference Period has commenced but prior to the close of business on the fifth Trading Day of such Conversion Reference Period shall be effective, in which case the Settlement Method shall be Net Share Settlement but without regard to subsection (ii) of the definition of Net Share Settlement and subject to adjustments to the Net Share Settlement Amount as specified below. Seller’s Telephone Number and Telex and/or Facsimile Number and Contact Details for purpose of Giving Notice: Address: Xxxxxxx Xxxxx International Xxxxxxx Xxxxx Financial Centre 0 Xxxx Xxxxxx Xxxxxx London EC1A 1HQ Attention: Manager, Fixed Income Settlements Facsimile No.: +00 000 000 0000 Telephone No.: +00 000 000 0000 Settlement Terms:
Supplemental Exercise Notice setting forth the number of Reference Notes converted during such period; provided further that, notwithstanding the foregoing, any Exercise Notice (and the related automatic exercise of Options) shall be effective if given after the relevant Notice Deadline but prior to 5:00 PM New York City time, on the fifth Scheduled Trading Day following the Notice Deadline, in which event the Calculation Agent shall adjust the Delivery Obligation (as defined below) as appropriate to reflect the additional costs (including, but not limited to, hedging mismatches and market losses) and reasonable expenses incurred by Seller in connection with its hedging activities (including the unwinding of any hedge position) as a result of its not having received such notice prior to the applicable Notice Deadline. Seller’s Telephone Number and Address: Xxxxxxx Xxxxx International Telex and/or Facsimile Number Xxxxxxx Xxxxx Financial Centre and Contact Details for purpose 0 Xxxx Xxxxxx Xxxxxx of Giving Notice: Xxxxxxx Xxxxx Financial Centre London EC1A 1HQ Attention: Manager of Equity Documentation Facsimile No.: +00 000 000 0000 Telephone No.: +00 000 000 0000 Settlement Terms:
Supplemental Exercise Notice setting forth the number of Reference Notes converted during such period; provided further that, notwithstanding the foregoing, any Exercise Notice (and the related automatic exercise of Options) shall be effective if given after the relevant Notice Deadline but prior to 5:00 PM New York City time, on the fifth Scheduled Trading Day following the Notice Deadline, in which event the Calculation Agent shall adjust the Delivery Obligation (as defined below) as appropriate to reflect the additional costs (including, but not limited to, hedging mismatches and market losses) and reasonable expenses incurred by Seller and Hedging Party or any of their respective affiliates in connection with its hedging activities (including the unwinding of any hedge position) as a result of Seller not having received such notice prior to the applicable Notice Deadline. Seller’s Telephone Number and Telex and/or Facsimile Number and Contact Details for purpose of Giving Notice: To: Xxxxx Fargo Bank, N.A. 000 Xxxxxxxxxx Xxxxxx 00xx Xxxxx Xxx Xxxxxxxxx, XX 00000 Attn: Financial Products Documentation Group Equities Trading Manager Telephone: (000) 000-0000 Facsimile: (000) 000-0000 With a copy to: Attn: Xxxxxxx Xxxxxxx Facsimile: (000) 000-0000
Supplemental Exercise Notice setting forth the number of Reference Notes converted during such period; provided further that the delivery by Buyer of an Exercise Notice after the Conversion Reference Period has commenced but prior to the close of business on the fifth Trading Day of such Conversion Reference Period shall be effective, in which case the Settlement Method shall be Net Share Settlement but without regard to subsection (ii) of the definition of Net Share Settlement and subject to adjustments to the Net Share Settlement Amount as specified below. Seller’s Telephone Number and Telex and/or Facsimile Number and Contact Details for purpose of Giving Notice: Citibank, N.A. 200 Xxxx Xxxxxx 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Director Derivatives Operations Facsimile No.: 200 000 0000 Settlement Terms: