Notice of Calculation of Conversion Consideration. If Cash Settlement or Combination Settlement applies to the conversion of any Note, then the Company will determine the Conversion Consideration due thereupon promptly following the last VWAP Trading Day of the applicable Observation Period and will promptly thereafter send notice to the Trustee and the Conversion Agent of the same and the calculation thereof in reasonable detail. Neither the Trustee nor the Conversion Agent will have any duty to make any such determination.
Appears in 102 contracts
Sources: Indenture (Netskope Inc), Indenture (Netskope Inc), Indenture (Nebius Group N.V.)
Notice of Calculation of Conversion Consideration. If Cash Settlement or Combination Settlement applies to the conversion of any Note, then the Company will determine the Conversion Consideration due thereupon promptly following the last VWAP Trading Day of the applicable Observation Period and will promptly thereafter send notice to the Trustee and the Conversion Agent of the same and the calculation thereof in reasonable detail. Neither the Trustee nor the Conversion Agent will have any duty to make or verify any such determination.
Appears in 16 contracts
Sources: Indenture (Vertex, Inc.), Indenture (Edgio, Inc.), Indenture (2U, Inc.)
Notice of Calculation of Conversion Consideration. If Cash Settlement or Combination Settlement applies to the conversion Conversion of any Note, then the Company will determine the Conversion Consideration due thereupon promptly following the last VWAP Trading Day of the applicable Observation Period and will promptly thereafter send notice to the Trustee and the Conversion Agent of the same and the calculation thereof in reasonable detail. Neither the Trustee nor the Conversion Agent will have any duty to make any such determination.
Appears in 9 contracts
Sources: Indenture (Oscar Health, Inc.), First Supplemental Indenture (Celcuity Inc.), Indenture (IREN LTD)
Notice of Calculation of Conversion Consideration. If Cash Settlement or Combination Settlement applies to the conversion of any Note, then the Company Issuer will determine the Conversion Consideration due thereupon promptly following the last VWAP Trading Day of the applicable Observation Period and will promptly thereafter send notice to the Trustee and the Conversion Agent of the same and the calculation thereof in reasonable detail. Neither the Trustee nor the Conversion Agent will have any duty to make any such determination.
Appears in 6 contracts
Sources: Indenture (Wolfspeed, Inc.), Indenture (Wolfspeed, Inc.), Indenture (Wolfspeed Texas LLC)
Notice of Calculation of Conversion Consideration. If Cash Settlement or Combination Settlement applies to the conversion of any Note, then the Company will determine the Conversion Consideration due thereupon promptly following the last VWAP Trading Day of the applicable Observation Period and will promptly thereafter send notice to the Trustee and the Conversion Agent of the same and the calculation thereof in reasonable detail. Neither the Trustee Trustee, the Conversion Agent nor the Conversion Paying Agent will have any duty to make any such determination.
Appears in 6 contracts
Sources: Indenture (Lucid Group, Inc.), Indenture (Bloom Energy Corp), Indenture (Lucid Group, Inc.)
Notice of Calculation of Conversion Consideration. If Cash Settlement or Combination Settlement applies to the conversion of any Note, then the Company will determine the Conversion Consideration due thereupon promptly following the last VWAP Trading Day of the applicable Observation Period and will promptly thereafter send notice to the Trustee and the Conversion Agent (if other than the Trustee) of the same and the calculation thereof in reasonable detail. Neither the Trustee nor the Conversion Agent will have any duty to make any such determination.
Appears in 5 contracts
Sources: Indenture (Cytokinetics Inc), Indenture (Mirum Pharmaceuticals, Inc.), Indenture (Cytokinetics Inc)
Notice of Calculation of Conversion Consideration. If Cash Settlement or Combination Settlement applies to the conversion Conversion of any Note, then the Company will determine the Conversion Consideration due thereupon promptly following the last VWAP Trading Day of the applicable Observation Period and will promptly thereafter send notice to the Trustee and the Conversion Agent (if other than the Trustee) of the same and the calculation thereof in reasonable detail. Neither the Trustee nor the Conversion Agent will have any duty to make any such determination.
Appears in 3 contracts
Sources: Indenture (DigitalOcean Holdings, Inc.), Indenture (Core Scientific, Inc./Tx), Indenture (Cardlytics, Inc.)
Notice of Calculation of Conversion Consideration. If Cash Settlement or Combination Settlement applies to the conversion of any Note, then the Company will determine the Conversion Consideration due thereupon promptly following the last VWAP Trading Day of the applicable Observation Period and will promptly thereafter send notice to the Trustee and the Conversion Agent of the same and the calculation thereof in reasonable detail. Neither the Trustee nor the Conversion Agent nor the Paying Agent will have any duty to make any such determination.
Appears in 3 contracts
Sources: Second Lien Indenture (Luminar Technologies, Inc./De), Indenture (LumiraDx LTD), Indenture (Luminar Technologies, Inc./De)
Notice of Calculation of Conversion Consideration. If Cash Settlement or Combination Settlement applies to the conversion of any Note, then the Company will determine the Conversion Consideration due thereupon promptly following the last VWAP Trading Day of the applicable Observation Period and will promptly thereafter send written notice to the Trustee and the Conversion Agent of the same and the calculation thereof in reasonable detail. Neither the Trustee nor the Conversion Agent will have any duty to make or verify any such determinationdetermination and may conclusively rely on an Officer’s Certificate with respect thereto.
Appears in 2 contracts
Sources: Indenture (K2m Group Holdings, Inc.), Indenture (K2m Group Holdings, Inc.)
Notice of Calculation of Conversion Consideration. If Cash Settlement or Combination Settlement applies to the conversion of any Note, then the Company will determine the Conversion Consideration due thereupon promptly following the last VWAP Trading Day of the applicable Observation Period and will promptly thereafter send notice to the Trustee and the Conversion Agent of the same and the calculation thereof in reasonable detailsame. Neither the Trustee nor the Conversion Agent will have any duty to make any such determination.
Appears in 2 contracts
Sources: Indenture (Innoviva, Inc.), Indenture (Innoviva, Inc.)
Notice of Calculation of Conversion Consideration. If Cash Settlement or Combination Settlement applies to the conversion of any Note, then the Company will determine the Conversion Consideration due thereupon promptly following the last VWAP Trading Day of the applicable Observation Period and will promptly thereafter send notice in writing to the Trustee and the Conversion Agent of the same and the calculation thereof in reasonable detail. Neither the Trustee nor the Conversion Agent will have any duty to determine the Conversion Consideration or make any such determinationcalculations thereof.
Appears in 1 contract
Sources: Indenture (CNX Resources Corp)
Notice of Calculation of Conversion Consideration. If Cash Settlement or Combination Settlement applies to the conversion of any Note, then the Company will determine the Conversion Consideration due thereupon promptly following the last VWAP Trading Day of the applicable Observation Period and will promptly thereafter send notice to the Trustee and the Conversion Agent of the same and the calculation thereof in reasonable detail. Neither the Trustee nor the Conversion Agent will have any duty to make any such determinationdetermination or to verify any such calculation.
Appears in 1 contract
Notice of Calculation of Conversion Consideration. If Cash Settlement or Combination Settlement applies to the conversion of any Note, then the Company will 20090164 |US-DOCS\140348310.5|| | 12:50| determine the Conversion Consideration due thereupon promptly following the last VWAP Trading Day of the applicable Observation Period and will promptly thereafter send notice to the Trustee and the Conversion Agent of the same and the calculation thereof in reasonable detail. Neither the Trustee nor the Conversion Agent will have any duty to make any such determination.
Appears in 1 contract
Sources: Indenture (Stem, Inc.)
Notice of Calculation of Conversion Consideration. If Cash Settlement or Combination Settlement applies to the conversion Conversion of any Note, then the Company will determine the Conversion Consideration due thereupon promptly following the last VWAP Trading Day of the applicable Observation Period and will promptly thereafter send notice to the Trustee and the Conversion Agent of the same and the calculation thereof in reasonable detail. Neither the Trustee nor the Conversion Agent will have any duty to monitor the foregoing or otherwise make any such determination.
Appears in 1 contract
Sources: Indenture (DeFi Development Corp.)
Notice of Calculation of Conversion Consideration. If Cash Settlement or Combination Settlement applies to the conversion Conversion of any Note, then the Company will determine the Conversion Consideration due thereupon promptly following the last VWAP Trading Day of the applicable Observation Period and will promptly thereafter send notice to the Trustee and the Conversion Agent of the same and the calculation thereof in reasonable detail. Neither the Trustee nor the Conversion Agent will have any duty to make any such determination.notice
Appears in 1 contract
Sources: Indenture (Core Scientific, Inc./Tx)
Notice of Calculation of Conversion Consideration. If Cash Settlement or Combination Settlement applies to the conversion of any Note, then the Company Pubco will determine the Conversion Consideration due thereupon promptly following the last VWAP Trading Day of the applicable Observation Period and will promptly thereafter send notice to the Trustee and the Conversion Agent of the same and the calculation thereof in reasonable detail. Neither the Trustee nor the Conversion Agent will have any duty to make any such determinationdetermination or to verify any such calculation.
Appears in 1 contract
Sources: Indenture (ProCap BTC, LLC)
Notice of Calculation of Conversion Consideration. If Cash Settlement or Combination Settlement applies to the conversion of any Note, then the Company will determine the Conversion Consideration due thereupon promptly following the last VWAP Trading Day of the applicable Observation Period and will promptly thereafter thereafter, and in any event within one Business Day following the last day of the Observation Period, send notice to the Trustee and the Conversion Agent of the same and the calculation thereof in reasonable detaildetail or in such detail as requested by the Depositary. Neither the Trustee nor the Conversion Agent will have any duty to make any such determination.
Appears in 1 contract
Sources: Indenture (Bloomin' Brands, Inc.)
Notice of Calculation of Conversion Consideration. If Cash Settlement or Combination Settlement applies to the conversion of any Note, then the Company will determine the Conversion Consideration due thereupon promptly following the last VWAP Trading Day of the applicable Observation Period and will promptly thereafter send notice to the Trustee and the Conversion Agent (if other than the Trustee) of the same and the calculation thereof in reasonable detail. Neither the Trustee nor the Conversion Agent will have any duty to make or verify any such determination.
Appears in 1 contract
Notice of Calculation of Conversion Consideration. If Cash Settlement or Combination Settlement applies to the conversion of any Note, then the Company will determine the Conversion Consideration due thereupon promptly following the last VWAP Trading Day of the applicable Observation Period and will promptly thereafter send written notice to the Trustee and the Conversion Agent of the same and the calculation thereof in reasonable detail, upon which the Trustee and Conversion Agent shall be entitled to conclusively rely. Neither the Trustee nor the Conversion Agent will have any duty to make any such determination.
Appears in 1 contract
Sources: Indenture (Kadmon Holdings, Inc.)
Notice of Calculation of Conversion Consideration. If Cash Settlement or Combination Settlement applies to the conversion of any NoteNote to be converted, then the Company will determine the Conversion Consideration due thereupon promptly following the last VWAP Trading Day of the applicable Observation Period and will promptly thereafter send notice to the Trustee and the Conversion Agent of the same and the calculation thereof in reasonable detail. Neither the Trustee Trustee, the Conversion Agent nor the Conversion Paying Agent will have any duty to make any such determination.
Appears in 1 contract
Sources: Indenture (ADTRAN Holdings, Inc.)
Notice of Calculation of Conversion Consideration. If Cash Settlement or Combination Settlement applies to the conversion of any Note, then the Company will determine the Conversion Consideration due thereupon promptly following the last VWAP Trading Day of the applicable Observation Period Period, and in any event within one (1) Business Day following the last day of the Observation Period, and will promptly thereafter send notice to the Trustee and the Conversion Agent of the same and the calculation thereof in reasonable detaildetail or in such detail as requested by the Depositary. Neither the Trustee nor the Conversion Agent will have any duty to make any such determination.
Appears in 1 contract
Sources: Indenture (Varex Imaging Corp)
Notice of Calculation of Conversion Consideration. If Cash Settlement or Combination Settlement applies to the conversion of any Note, then the Company will determine the Conversion Consideration due thereupon promptly following the last VWAP Trading Day of the applicable Observation Period and will promptly thereafter send written notice to the Trustee and the Conversion Agent of the same and the calculation thereof in reasonable detail. Neither the Trustee nor the Conversion Agent will have any duty or obligation to make any such determinationdetermination or otherwise verify or confirm any calculation.
Appears in 1 contract
Sources: Indenture (Post Holdings, Inc.)
Notice of Calculation of Conversion Consideration. If Cash Settlement or Combination Settlement applies to the conversion of any Note, then the Company will determine the Conversion Consideration due thereupon promptly following the last VWAP Trading Day of the applicable Observation Period and will promptly thereafter send notice to the Trustee and the Conversion Agent of the same and the calculation thereof in reasonable detail. Neither None of the Trustee nor Trustee, the Conversion Agent or the Paying Agent will have any duty to make any such determination.
Appears in 1 contract
Sources: Indenture (MultiPlan Corp)