Settlement Method. Upon the conversion of any Note, the Company will settle such conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) solely cash as provided in Section 5.03(B)(i)(1) (a “Cash Settlement”); or (y) a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(2) (a “Combination Settlement”).
Appears in 15 contracts
Sources: Indenture (Cracker Barrel Old Country Store, Inc), Indenture (Opendoor Technologies Inc.), Indenture (Progress Software Corp /Ma)
Settlement Method. Upon the conversion Conversion of any Note, the Company will settle such conversion Conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) solely cash as provided in Section 5.03(B)(i)(1) (a “Cash Settlement”); or (y) a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(2) (a “Combination Settlement”).
Appears in 6 contracts
Sources: Indenture (Life360, Inc.), Indenture (A10 Networks, Inc.), Indenture (A10 Networks, Inc.)
Settlement Method. Upon Subject to Section 5.01(D), upon the conversion Exchange of any Note, the Company will settle such conversion Exchange by paying or delivering, as applicable and as provided in this Article 5, either (x) solely cash as provided in Section 5.03(B)(i)(1) (a “Cash Settlement”); or (y) a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(2) (a “Combination Settlement”).
Appears in 3 contracts
Sources: Indenture (SB/RH Holdings, LLC), Indenture (Rexford Industrial Realty, Inc.), Indenture (Rexford Industrial Realty, Inc.)
Settlement Method. Upon the conversion of any Note, the Company will settle such conversion by paying or delivering, as applicable and as provided in this Article 5V, either (x) solely cash as provided in Section 5.03(B)(i)(15.03(b)(i)(A) (a “Cash Settlement”); or (y) a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(25.03(b)(i)(B) (a “Combination Settlement”).
Appears in 2 contracts
Sources: Indenture (Redwood Trust Inc), Indenture (Redwood Trust Inc)
Settlement Method. Upon the conversion of any Note, the Company will settle such conversion conversion, subject to Section 5.01(c)(iii), by paying or delivering, as applicable and as provided in this Article 5, either (x) solely cash as provided in Section 5.03(B)(i)(1) (a “Cash Settlement”); or (y) a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(2) (a “Combination Settlement”5.03(B)(ii).
Appears in 2 contracts
Sources: First Supplemental Indenture (Tilray Brands, Inc.), First Supplemental Indenture (Inseego Corp.)
Settlement Method. Upon the conversion of any Note, the Company will settle such conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) solely cash as provided in Section 5.03(B)(i)(1) (a “Cash Settlement”); or (y) a combination of cash and shares of Common StockShares, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(2) (a “Combination Settlement”).
Appears in 1 contract
Sources: Indenture (Imax Corp)
Settlement Method. Upon the conversion of any Note, the Company will settle such conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) solely cash as provided in Section 5.03(B)(i)(1) (a “Cash Settlement”); or (y) a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(25.03(C)(i)(1) (a “Combination Physical Settlement”).; (y) solely cash as provided in Section 5.03(C)(i)(2) (a “Cash
Appears in 1 contract
Sources: Second Supplemental Indenture (Super Micro Computer, Inc.)
Settlement Method. Upon the conversion Conversion of any Note, the Company will settle such conversion Conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) solely cash as provided in Section 5.03(B)(i)(1) (a “Cash Settlement”); or (y) a combination of cash and shares of Class A Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(2) (a “Combination Settlement”).
Appears in 1 contract
Sources: Indenture (DoorDash, Inc.)
Settlement Method. Upon the conversion of any Note, the Company will settle such conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) solely Common Shares as provided in Section 5.03(B)(i)(1) (a “Physical Settlement”); (y) solely cash as provided in Section 5.03(B)(i)(15.03(B)(i)(2) (a “Cash Settlement”); or (yz) a combination of cash and shares of Common StockShares, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(25.03(B)(i)(3) (a “Combination Settlement”).
Appears in 1 contract
Sources: Indenture (enCore Energy Corp.)
Settlement Method. Upon the conversion of any Note, the Company will settle such conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) solely cash as provided in Section 5.03(B)(i)(1) (a “Cash Settlement”); or (y) a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(25.03(B)(i)(1) (a “Combination Physical Settlement”).; (y) solely cash as provided in
Appears in 1 contract
Settlement Method. Upon the conversion Conversion of any Note, the Company will settle such conversion Conversion by paying or delivering, as applicable and as provided in this Article Article 5, either (x) solely cash as provided in Section Section 5.03(B)(i)(1) (a “Cash Settlement”); or (y) a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares shares, as provided in Section Section 5.03(B)(i)(2) (a “Combination Settlement”).
Appears in 1 contract
Settlement Method. Upon the conversion of any Note, the Company will settle such conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) solely cash as provided in Section 5.03(B)(i)(1) (a “Cash Settlement”); or (y) a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(2) (a “Combination Settlement”).
(i) The Company’s Right to Elect
Appears in 1 contract
Settlement Method. Upon the conversion Conversion of any Note, the Company will settle such conversion Conversion by paying or delivering, as applicable and as provided in this Article Article 5, either (x) solely cash as provided in Section Section 5.03(B)(i)(1) (a “Cash Settlement”); or (y) a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section Section 5.03(B)(i)(2) (a “Combination Settlement”).
Appears in 1 contract
Sources: Indenture (Ani Pharmaceuticals Inc)
Settlement Method. Upon the conversion Conversion of any Note, the Company will settle such conversion Conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) solely cash as provided in Section 5.03(B)(i)(1) (a “Cash Settlement”); or (y) a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares shares, as provided in Section 5.03(B)(i)(2) (a “Combination Settlement”).
Appears in 1 contract
Sources: Indenture (Osi Systems Inc)