Common use of Cash in Lieu of Fractional Shares Clause in Contracts

Cash in Lieu of Fractional Shares. If Combination Settlement applies to the conversion of any Note and the number of shares of Common Stock deliverable pursuant to Section 5.03(B)(i) upon such conversion is not a whole number, then such number will be rounded down to the nearest whole number and the Company will deliver, in addition to the other consideration due upon such conversion, cash in lieu of the related fractional share in an amount equal to the product of (1) such fraction and (2) the Daily VWAP on the last VWAP Trading Day of the Observation Period for such conversion.

Appears in 17 contracts

Sources: Indenture (Cracker Barrel Old Country Store, Inc), Indenture (Opendoor Technologies Inc.), Indenture (SoFi Technologies, Inc.)

Cash in Lieu of Fractional Shares. If Combination Settlement applies to the conversion Conversion of any Note and the number of shares of Common Stock deliverable pursuant to Section 5.03(B)(i) upon such conversion Conversion is not a whole number, then such number will be rounded down to the nearest whole number and the Company will deliver, in addition to the other consideration due upon such conversionConversion, cash in lieu of the related fractional share in an amount equal to the product of (1) such fraction and (2) the Daily VWAP on the last VWAP Trading Day of the Observation Period for such conversionConversion.

Appears in 9 contracts

Sources: Indenture (Commvault Systems Inc), Indenture (Avnet Inc), Indenture (Life360, Inc.)

Cash in Lieu of Fractional Shares. If Combination Settlement applies to the conversion Exchange of any Note and the number of shares of Common Stock deliverable pursuant to Section 5.03(B)(i) upon such conversion Exchange is not a whole number, then such number will be rounded down to the nearest whole number and the Company will deliver, in addition to the other consideration due upon such conversionExchange, cash in lieu of the related fractional share in an amount equal to the product of (1) such fraction and (2) the Daily VWAP on the last VWAP Trading Day of the Observation Period for such conversionExchange.

Appears in 4 contracts

Sources: Indenture (SB/RH Holdings, LLC), Indenture (Rexford Industrial Realty, Inc.), Indenture (Rexford Industrial Realty, Inc.)

Cash in Lieu of Fractional Shares. If Combination Settlement applies to the conversion of any Note and the number of shares of Common Stock deliverable pursuant to Section 5.03(B)(i5.03(b)(i) upon such conversion is not a whole number, then such number will be rounded down to the nearest whole number and the Company will deliver, in addition to the other consideration due upon such conversion, cash in lieu of the related fractional share in an amount equal to the product of (1) such fraction and (2) the Daily VWAP on the last VWAP Trading Day of the Observation Period for such conversion.

Appears in 2 contracts

Sources: Indenture (Redwood Trust Inc), Indenture (Redwood Trust Inc)

Cash in Lieu of Fractional Shares. If Combination Settlement applies to the conversion Conversion of any Note and the number of shares of Common Stock deliverable pursuant to Section ‎Section 5.03(B)(i) upon such conversion Conversion is not a whole number, then such number will be rounded down to the nearest whole number and the Company will deliver, in addition to the other consideration due upon such conversionConversion, cash in lieu of the related fractional share in an amount equal to the product of (1) such fraction and (2) the Daily VWAP on the last VWAP Trading Day of the Observation Period for such conversionConversion.

Appears in 2 contracts

Sources: Indenture (Ani Pharmaceuticals Inc), First Supplemental Indenture (AeroVironment Inc)

Cash in Lieu of Fractional Shares. If Combination Settlement applies to the conversion of any Note Notes and the number of shares of Common Stock deliverable pursuant to Section 5.03(B)(i) upon such conversion is not a whole number, then such number will be rounded down to the nearest whole number and the Company will deliver, in addition to the other consideration due upon such conversion, cash in lieu of the related fractional share in an amount equal to the product of (1) such fraction and (2) the Daily VWAP on the last VWAP Trading Day of the Observation Period for such conversion.

Appears in 2 contracts

Sources: Indenture (Halozyme Therapeutics, Inc.), Indenture (Halozyme Therapeutics, Inc.)

Cash in Lieu of Fractional Shares. If Combination Settlement applies to the conversion of any Note Notes and the number of shares of Common Stock deliverable pursuant to Section 5.03(B)(i13.03(b)(i) upon such conversion is not a whole number, then such number will be rounded down to the nearest whole number and the Company will deliver, in addition to the other consideration due upon such conversion, cash in lieu of the related fractional share in an amount equal to the product of (1) such fraction and (2) the Daily VWAP on the last VWAP Trading Day of the Observation Period for such conversion.

Appears in 2 contracts

Sources: First Supplemental Indenture (Greenbrier Companies Inc), Indenture (Greenbrier Companies Inc)

Cash in Lieu of Fractional Shares. If Combination Settlement applies to the conversion of any Note and the number of shares of Common Stock Ordinary Shares deliverable pursuant to Section 5.03(B)(i) upon such conversion is not a whole number, then such number will be rounded down to the nearest whole number and the Company will deliver, in addition to the other consideration due upon such conversion, cash in lieu of the related fractional share in an amount equal to the product of (1) such fraction and (2) the Daily VWAP on the last VWAP Trading Day of the Observation Period for such conversion.

Appears in 2 contracts

Sources: Indenture (SMART Global Holdings, Inc.), Indenture (SMART Global Holdings, Inc.)

Cash in Lieu of Fractional Shares. If Combination Settlement applies to the conversion of any Note and the number of shares of Common Stock deliverable pursuant to Section 5.03(B)(i) upon such conversion is not a whole number, then such number will be rounded down to the nearest whole number and the Company will deliver, in addition to the other consideration due upon such conversion, cash in lieu of the related fractional share in an amount equal to the product of (1) such fraction and (2) the Daily VWAP on the last VWAP Trading Day of the Observation Period for such conversion, in the case of Combination Settlement.

Appears in 1 contract

Sources: Indenture (Mitek Systems Inc)

Cash in Lieu of Fractional Shares. If Combination Settlement applies to the conversion of any Note and the number of shares of Common Stock Shares deliverable pursuant to Section 5.03(B)(i) upon such conversion is not a whole number, then such number will be rounded down to the nearest whole number and the Company will deliver, in addition to the other consideration due upon such conversion, cash in lieu of the related fractional share in an amount equal to the product of (1) such fraction and (2) the Daily VWAP on the last VWAP Trading Day of the Observation Period for such conversion.

Appears in 1 contract

Sources: Indenture (Imax Corp)

Cash in Lieu of Fractional Shares. If Combination Settlement applies to the conversion of any Note and the number of shares of Common Stock Shares deliverable pursuant to Section 5.03(B)(i4.03(b)(i)(B) upon such conversion is not a whole number, then such number will be rounded down to the nearest whole number and the Company will deliver, in addition to the other consideration due upon such conversion, cash in lieu of the related fractional share in an amount equal to the product of (1) such fraction and (2) the Daily VWAP on the last VWAP Trading Day of the Observation Period for such conversion.

Appears in 1 contract

Sources: Indenture (Herbalife Nutrition Ltd.)

Cash in Lieu of Fractional Shares. If Combination Settlement applies to the conversion Conversion of any Note and the number of shares of Class A Common Stock deliverable pursuant to Section 5.03(B)(i) upon such conversion Conversion is not a whole number, then such number will be rounded down to the nearest whole number and the Company will deliver, in addition to the other consideration due upon such conversionConversion, cash in lieu of the related fractional share in an amount equal to the product of (1) such fraction and (2) the Daily VWAP on the last VWAP Trading Day of the Observation Period for such conversionConversion.

Appears in 1 contract

Sources: Indenture (DoorDash, Inc.)

Cash in Lieu of Fractional Shares. If Combination Settlement applies to the conversion of any Note and the number of shares of Common Stock deliverable pursuant to Section ‎Section 5.03(B)(i) upon such conversion is not a whole number, then such number will be rounded down to the nearest whole number and the Company will deliver, in addition to the other consideration due upon such conversion, cash in lieu of the related fractional share in an amount equal to the product of (1) such fraction and (2) the Daily VWAP on the last VWAP Trading Day of the Observation Period for such conversion.

Appears in 1 contract

Sources: Indenture (ADTRAN Holdings, Inc.)