Common use of Cash Settlement Clause in Contracts

Cash Settlement. If the Warrants are Cash Settled Warrants, each such Warrant or, if Units are specified in the applicable Final Terms, each Unit entitles its Holder, upon due exercise and subject, in the case of Warrants represented by a Clearing System Global Warrant, other than a Rule 144A Global Warrant, or a Registered Warrant, to certification as to non-U.S. beneficial ownership, and, in the case of Warrants represented by Rule 144A Global Warrants and Private Placement Definitive Warrants, to such certifications as to compliance with U.S. securities laws as BNPP shall require or as shall be set out in the applicable Final Terms, to receive from the Issuer on the Settlement Date a Cash Settlement Amount calculated by the Calculation Agent (which shall not be less than zero) equal unless otherwise specified in the applicable Final Terms to: (i) where Averaging is not specified in the applicable Final Terms: (a) if such Warrants are Call Warrants, (Settlement Price less Exercise Price) multiplied by, in the case of Debt Warrants only, the nominal amount; (b) if such Warrants are Put Warrants, (Exercise Price less Settlement Price) multiplied by, in the case of Debt Warrants only, the nominal amount; and (c) if such Warrants are not Call Warrants or Put Warrants, settlement will be as specified in the applicable Final Terms; (ii) where Averaging is specified in the applicable Final Terms: (a) if such Warrants are Call Warrants, (the arithmetic mean of the Settlement Prices for all the Averaging Dates less Exercise Price) multiplied by, in the case of Debt Warrants only, the nominal amount; (b) if such Warrants are Put Warrants, (Exercise Price less the arithmetic mean of the Settlement Prices for all the Averaging Dates) multiplied by, in the case of Debt Warrants only, the nominal amount; and (c) if such Warrants are not Call Warrants nor Put Warrants, settlement will be as specified in the applicable Final Terms. Any amount determined pursuant to the above, if not an amount in the Settlement Currency, will be converted into the Settlement Currency at the Exchange Rate specified in the applicable Final Terms for the purposes of determining the Cash Settlement Amount. The Cash Settlement Amount will be rounded to the nearest two decimal places in the relevant Settlement Currency, 0.005 being rounded upwards, with Warrants exercised at the same time by the same Holder being aggregated for the purpose of determining the aggregate Cash Settlement Amounts payable in respect of such Warrants or Units, as the case may be. In such cases, the formula for determining the Cash Settlement Amount may include a deduction for sales tax in the manner specified in the applicable Final Terms.

Appears in 5 contracts

Samples: Covered Warrant Agreement, Covered Warrant Agreement, Covered Warrant Agreement

Cash Settlement. If the Warrants are Cash Settled Warrants, each such Warrant or, if Units are specified in the applicable Final Terms, each Unit entitles its Holder, upon due exercise and subject, in the case of Warrants represented by a Clearing System Global Warrant, other than a Rule 144A Global Warrant, or a Registered Warrant, to certification as to non-U.S. beneficial ownership, and, in the case of Warrants represented by Rule 144A Global Warrants and Private Placement Definitive Warrants, to such certifications as to compliance with U.S. securities laws as BNPP shall require or as shall be set out in the applicable Final Terms, to receive from the Issuer on the Settlement Date a Cash Settlement Amount calculated by the Calculation Agent (which shall not be less than zero) equal unless otherwise specified in the applicable Final Terms to: (i) where Averaging is not specified in the applicable Final Terms: (a) if such Warrants are Call Warrants, (Settlement Price less Exercise Price) multiplied by, in the case of Debt Warrants only, the nominal amountamount and divided by, in the case of Warrants in respect of which a Parity is specified in the applicable Final Terms, such Parity; (b) if such Warrants are Put Warrants, (Exercise Price less Settlement Price) multiplied by, in the case of Debt Warrants only, the nominal amountamount and divided by, in the case of Warrants in respect of which a Parity is specified in the applicable Final Terms, such Parity; and (c) if such Warrants are not Call Warrants or Put Warrants, settlement will be as specified in the applicable Final Terms; (ii) where Averaging is specified in the applicable Final Terms: (a) if such Warrants are Call Warrants, (the arithmetic mean of the Settlement Prices for all the Averaging Dates less Exercise Price) multiplied by, in the case of Debt Warrants only, the nominal amountamount and divided by, in the case of Warrants in respect of which a Parity is specified in the applicable Final Terms, such Parity; (b) if such Warrants are Put Warrants, (Exercise Price less the arithmetic mean of the Settlement Prices for all the Averaging Dates) multiplied by, in the case of Debt Warrants only, the nominal amountamount and divided by, in the case of Warrants in respect of which a Parity is specified in the applicable Final Terms, such Parity; and (c) if such Warrants are not Call Warrants nor Put Warrants, settlement will be as specified in the applicable Final Terms. Any amount determined pursuant to the above, if not an amount in the Settlement Currency, will be converted into the Settlement Currency at the Exchange Rate specified in the applicable Final Terms for the purposes of determining the Cash Settlement Amount. The Cash Settlement Amount will be rounded to the nearest two decimal places in the relevant Settlement Currency, 0.005 being rounded upwards, with Warrants exercised at the same time by the same Holder being aggregated for the purpose of determining the aggregate Cash Settlement Amounts payable in respect of such Warrants or Units, as the case may be. In such cases, the formula for determining the Cash Settlement Amount may include a deduction for sales tax in the manner specified in the applicable Final Terms.

Appears in 3 contracts

Samples: Covered Warrant Agreement, Covered Warrant Agreement, Covered Warrant Agreement

Cash Settlement. If the Warrants are Cash Settled Warrants, each such Warrant or, if Units are specified in the applicable Final Terms, each Unit entitles its Holder, upon due exercise and subject, in the case of Warrants represented by a Clearing System Global Warrant, other than a Rule 144A Global Warrant, or a Registered Warrant, subject to certification as to non-U.S. beneficial ownership, and, in the case of Warrants represented by Rule 144A Global Warrants and Private Placement Definitive Warrants, to such certifications as to compliance with U.S. securities laws as BNPP shall require or as shall be set out in the applicable Final Terms, to receive from the Issuer on the Settlement Date a Cash Settlement Amount calculated by the Calculation Agent (which shall not be less than zero) equal unless otherwise specified in the applicable Final Terms to: (i) where Averaging is not specified in the applicable Final Terms: (a) if such Warrants are Call Warrants, (Settlement Price less Exercise Price) multiplied by, in the case of Debt Warrants only, the nominal amountNominal Amount; (b) if such Warrants are Put Warrants, (Exercise Price less Settlement Price) multiplied by, in the case of Debt Warrants only, the nominal amountNominal Amount; and (c) if such Warrants are not Call Warrants or nor Put Warrants, settlement will be as specified in the applicable Final Terms; (ii) where Averaging is specified in the applicable Final Terms: (a) if such Warrants are Call Warrants, (the arithmetic mean of the Settlement Prices for all the Averaging Dates less Exercise Price) multiplied by, in the case of Debt Warrants only, the nominal amountNominal Amount; (b) if such Warrants are Put Warrants, (Exercise Price less the arithmetic mean of the Settlement Prices for all the Averaging Dates) multiplied by, in the case of Debt Warrants only, the nominal amountNominal Amount; and (c) if such Warrants are not Call Warrants nor Put Warrants, settlement will be as specified in the applicable Final Terms. Any amount determined pursuant to the above, if not an amount in the Settlement Currency, will be converted into the Settlement Currency at the Exchange Rate specified in the applicable Final Terms for the purposes of determining the Cash Settlement Amount. The Cash Settlement Amount will be rounded to the nearest two decimal places in the relevant Settlement Currency, 0.005 being rounded upwards, with Warrants exercised at the same time by the same Holder being aggregated for the purpose of determining the aggregate Cash Settlement Amounts payable in respect of such Warrants or Units, as the case may be. In such cases, the formula for determining the Cash Settlement Amount may include a deduction for sales tax in the manner specified in the applicable Final Terms.

Appears in 3 contracts

Samples: Covered Warrant Agreement, Covered Warrant Agreement, Covered Warrant Agreement

Cash Settlement. If the Warrants are Cash Settled Warrants, each such Warrant or, if Units are specified in the applicable Final Terms, each Unit entitles its Holder, upon due exercise (except in relation to Warrants where Automatic Exercise applies) and subject, in the case of Warrants represented by a Clearing System Global Warrant, other than a Rule 144A Global Warrant, or a Registered Warrant, subject to certification as to non-U.S. beneficial ownership, and, in the case of Warrants represented by Rule 144A Global Warrants and Private Placement Definitive Warrants, to such certifications as to compliance with U.S. securities laws as BNPP shall require or as shall be set out in the applicable Final Terms, to receive from the Issuer on the Settlement Date a Cash Settlement Amount calculated by the Calculation Agent (which shall not be less than zero) calculated by the Calculation Agent at the Valuation Date and equal unless otherwise specified in the applicable Final Terms to: (i) where Averaging is not specified in the applicable Final Terms: (a) if such Warrants are Call Warrants, [(Settlement Price less Exercise Price) multiplied by, in the case of Debt Warrants only, the nominal amountby Parity] divided by Exchange Rate; (b) if such Warrants are Put Warrants, [(Exercise Price less Settlement Price) multiplied by, in the case of Debt Warrants only, the nominal amountby Parity] divided by Exchange Rate; and (c) if such Warrants are not neither Call Warrants or nor Put Warrants, settlement the Cash Settlement Amount will be as specified in the applicable Final Terms;; or (ii) where Averaging is specified in the applicable Final Terms: (a) if such Warrants are Call Warrants, (the arithmetic mean of the Settlement Prices for all the Averaging Dates less Exercise Price) multiplied by, in the case of Debt Warrants only, the nominal amount; (b) if such Warrants are Put Warrants, (Exercise Price less the arithmetic mean of the Cash Settlement Prices for all the Averaging Dates) multiplied by, in the case of Debt Warrants only, the nominal amount; and (c) if such Warrants are not Call Warrants nor Put Warrants, settlement Amount will be as specified in the applicable Final Terms. Any amount determined pursuant to the above, if not an amount in the Settlement Currency, will be converted into the Settlement Currency at the Exchange Rate specified in the applicable Final Terms for the purposes of determining the Cash Settlement Amount. The Unless otherwise specified in the applicable Final Terms under the item "Rounding", the Cash Settlement Amount will be rounded to the nearest two four decimal places in the relevant Settlement Currency, 0.005 0.00005 being rounded upwards, with Warrants exercised at the same time by the same Holder being aggregated for the purpose of determining the aggregate Cash Settlement Amounts payable in respect of such Warrants or Units, as the case may be. In such cases, the formula for determining the Cash Settlement Amount may include a deduction for sales tax in the manner specified in the applicable Final Terms.

Appears in 2 contracts

Samples: Covered Warrant Agreement, Covered Warrant Negotiation

Cash Settlement. If the Warrants are Cash Settled Warrants, each such Warrant or, if Units are specified in the applicable Final Terms, each Unit entitles its Holder, upon due exercise and subject, in the case of Warrants represented by a Clearing System Global Warrant, other than a Rule 144A Global Warrant, or a Registered Warrant, to certification as to non-U.S. beneficial ownership, and, in the case of Warrants represented by Rule 144A Global Warrants and Private Placement Definitive Warrants, to such certifications as to compliance with U.S. securities laws as BNPP the Issuer shall require or as shall be set out in the applicable Final Terms, to receive from the Issuer on the Settlement Date a Cash Settlement Amount calculated by the Calculation Agent (which shall not be less than zero) equal unless otherwise specified in the applicable Final Terms to: (ia) where Averaging is not specified in the applicable Final Terms: (ai) if such Warrants are Call Warrants, (Settlement Price less Exercise Price) multiplied by, in the case of Debt Warrants Securities only, the nominal amountamount and divided by, in the case of Warrants in respect of which a Parity is specified in the applicable Final Terms, such Parity; (bii) if such Warrants are Put Warrants, (Exercise Price less Settlement Price) multiplied by, in the case of Debt Warrants Securities only, the nominal amountamount and divided by, in the case of Warrants in respect of which a Parity is specified in the applicable Final Terms, such Parity; and (ciii) if such Warrants are not Call Warrants or Put Warrants, settlement will be as specified in the applicable Final Terms; (iib) where Averaging is specified in the applicable Final Terms: (ai) if such Warrants are Call Warrants, (the arithmetic mean of the Settlement Prices for all the Averaging Dates less Exercise Price) multiplied by, in the case of Debt Warrants Securities only, the nominal amountamount and divided by, in the case of Warrants in respect of which a Parity is specified in the applicable Final Terms, such Parity; (bii) if such Warrants are Put Warrants, (Exercise Price less the arithmetic mean of the Settlement Prices for all the Averaging Dates) multiplied by, in the case of Debt Warrants Securities only, the nominal amountamount and divided by, in the case of Warrants in respect of which a Parity is specified in the applicable Final Terms, such Parity; and (ciii) if such Warrants are not Call Warrants nor Put Warrants, settlement will be as specified in the applicable Final Terms. Any amount determined pursuant to the above, if not an amount in the Settlement Currency, will be converted into the Settlement Currency at the Exchange Rate specified in the applicable Final Terms for the purposes of determining the Cash Settlement Amount. The Cash Settlement Amount will be rounded to the nearest two decimal places in the relevant Settlement Currency, 0.005 being rounded upwards, with Warrants exercised at the same time by the same Holder being aggregated for the purpose of determining the aggregate Cash Settlement Amounts payable in respect of such Warrants or Units, as the case may be. In such cases, the formula for determining the Cash Settlement Amount may include a deduction for sales tax in the manner specified in the applicable Final Terms.

Appears in 2 contracts

Samples: Investment Certificates Negotiation, Investment Certificates Negotiation

Cash Settlement. If the Warrants are Cash Settled Warrants, each such Warrant or, if Units are specified in the applicable Final Terms, each Unit entitles its Holder, upon due exercise and subject, in the case of Warrants represented by a Clearing System Global Warrant, other than a Rule 144A Global Warrant, or a Registered Warrant, to certification as to non-U.S. beneficial ownership, and, in the case of Warrants represented by Rule 144A Global Warrants and Private Placement Definitive Warrants, to such certifications as to compliance with U.S. securities laws as BNPP shall require or as shall be set out in the applicable Final Terms, to receive from the Issuer on the Settlement Date a Cash Settlement Amount calculated by the Calculation Agent (which shall not be less than zero) equal unless otherwise specified in the applicable Final Terms to: (ia) where Averaging is not specified in the applicable Final Terms: (ai) if such Warrants are Call Warrants, (Settlement Price less Exercise Price) multiplied by, in the case of Debt Warrants only, the nominal amount; (bii) if such Warrants are Put Warrants, (Exercise Price less Settlement Price) multiplied by, in the case of Debt Warrants only, the nominal amount; and (ciii) if such Warrants are not Call Warrants or Put Warrants, settlement will be as specified in the applicable Final Terms; (iib) where Averaging is specified in the applicable Final Terms: (ai) if such Warrants are Call Warrants, (the arithmetic mean of the Settlement Prices for all the Averaging Dates less Exercise Price) multiplied by, in the case of Debt Warrants only, the nominal amount; (bii) if such Warrants are Put Warrants, (Exercise Price less the arithmetic mean of the Settlement Prices for all the Averaging Dates) multiplied by, in the case of Debt Warrants only, the nominal amount; and (ciii) if such Warrants are not Call Warrants nor Put Warrants, settlement will be as specified in the applicable Final Terms. Any amount determined pursuant to the above, if not an amount in the Settlement Currency, will be converted into the Settlement Currency at the Exchange Rate specified in the applicable Final Terms for the purposes of determining the Cash Settlement Amount. The Cash Settlement Amount will be rounded to the nearest two decimal places in the relevant Settlement Currency, 0.005 being rounded upwards, with Warrants exercised at the same time by the same Holder being aggregated for the purpose of determining the aggregate Cash Settlement Amounts payable in respect of such Warrants or Units, as the case may be. In such cases, the formula for determining the Cash Settlement Amount may include a deduction for sales tax in the manner specified in the applicable Final Terms.

Appears in 1 contract

Samples: Covered Warrant Agreement

Cash Settlement. If the Warrants are Cash Settled Warrants, each such Warrant or, if Units are specified in the applicable Final Terms, each Unit entitles its Holder, upon due exercise and subject, in the case of Warrants represented by a Clearing System Global Warrant, other than a Rule 144A Global Warrant, or a Registered Warrant, subject to certification as to non-U.S. beneficial ownership, and, in the case of Warrants represented by Rule 144A Global Warrants and Private Placement Definitive Warrants, to such certifications as to compliance with U.S. securities laws as BNPP shall require or as shall be set out in the applicable Final Terms, to receive from the Issuer on the Settlement Date a Cash Settlement Amount calculated by the Calculation Agent (which shall not be less than zero) equal unless otherwise specified in the applicable Final Terms to: (i) where Averaging is not specified in the applicable Final Terms: (a) if such Warrants are Call Warrants, (Settlement Price less Exercise Price) multiplied by, in the case of Debt Warrants only, the nominal amountNominal Amount; (b) if such Warrants are Put Warrants, (Exercise Price less Settlement Price) multiplied by, in the case of Debt Warrants only, the nominal amountNominal Amount; and (c) if such Warrants are not Call Warrants or nor Put Warrants, settlement will be as specified in the applicable Final Terms; (ii) where Averaging is specified in the applicable Final Terms: (a) if such Warrants are Call Warrants, (the arithmetic mean of the Settlement Prices for all the Averaging Dates less Exercise Price) multiplied by, in the case of Debt Warrants only, the nominal amountNominal Amount; (b) if such Warrants are Put Warrants, (Exercise Price less the arithmetic mean of the Settlement Prices for all the Averaging Dates) multiplied by, in the case of Debt Warrants only, the nominal amountNominal Amount; and (c) if such Warrants are not Call Warrants nor Put Warrants, settlement will be as specified in the applicable Final Terms. Any amount determined pursuant to the above, if not an amount in the Settlement Currency, will be converted into the Settlement Currency at the Exchange Rate specified in the applicable Final Terms for the purposes of determining the Cash Settlement Amount. The Cash Settlement Amount will be rounded to the nearest two decimal places in the relevant Settlement Currency, 0.005 being rounded upwards, with Warrants exercised at the same time by the same Holder being aggregated for the purpose of determining the aggregate Cash Settlement Amounts payable in respect of such Warrants or Units, as the case may be. In such cases, the formula for determining the Cash Settlement Amount may include a deduction for sales tax in the manner specified in the applicable Final Terms.

Appears in 1 contract

Samples: Covered Warrant Negotiation