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. None of the Trustee, the Conversion Agent or the Paying Agent will have any duty to make any calculation in connection with any conversion or otherwise under this Indenture, nor shall the Trustee or Conversion Agent have any liability for any such calculation or any information used in connection with any calculation or determination hereunder.
Appears in 2 contracts
Sources: Indenture (Boxed, Inc.), Indenture (Seven Oaks Acquisition 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 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 the case of a Global Note, in such detail as requested by the Depositary). None of Neither the Trustee, Trustee nor the Conversion Agent or the Paying Agent will have any duty to make any calculation in connection with any conversion or otherwise under this Indenture, nor shall the Trustee or Conversion Agent have any liability for any such calculation or any information used in connection with any calculation or determination hereunderdetermination.
Appears in 1 contract
Sources: Indenture (PetIQ, Inc.)