Capped Call Documentation definition

Examples of Capped Call Documentation in a sentence

• The execution and delivery by the Company of, and the performance by the Company of its obligations under, the Capped Call Documentation and the consummation by the Company of the transactions contemplated thereby has been duly and validly authorized by all necessary corporate action of the Company.

• All Convertible Senior Notes were issued pursuant to, and all the terms and conditions of the Convertible Senior Notes are evidenced by the Convertible Senior Notes Indentures, and all Capped Call Transactions were made pursuant to and are evidenced by the Capped Call Documentation, and there are no other agreements or side letters with respect to the Convertible Senior Notes or Capped Call Transactions.

• This Agreement, the Securities, the Indenture and the Capped Call Documentation (collectively, the “Transaction Documents”) will conform in all material respects to the respective statements relating thereto contained in the Disclosure Package and the Prospectus.

• Each of the (i) Base Capped Call Documentation has been duly authorized, executed and delivered by the Company and constitutes, and (ii) any Additional Capped Call Documentation has been duly authorized by the Company and, when duly executed and delivered by the Company, will constitute, in each case, a valid and binding agreement of the Company, enforceable against the Company in accordance with their terms, except as the enforcement thereof may be limited by the Enforceability Exceptions.

• All Purchaser Convertible Senior Notes were issued pursuant to, and all the terms and conditions of the Purchaser Convertible Senior Notes are evidenced by, the Purchaser Convertible Senior Notes Indenture, and all Capped Call Transactions were made pursuant to and are evidenced by the Capped Call Documentation, and there are no other agreements or side letters with respect to the Purchaser Convertible Senior Notes or Capped Call Transactions.