Daily Excess Amount definition
Examples of Daily Excess Amount in a sentence
The number of shares of Common Stock deliverable in respect of each Trading Day in the applicable Cash Settlement Averaging Period shall equal (i) the product of (1) 100% minus the Cash Percentage and (2) the Daily Excess Amount for such Trading Day, divided by (ii) the Last Reported Sale Price of the Common Stock (or the consideration into which such Common Stock has been converted in connection with transactions to which Section 12.3 is applicable) for such day.
If the Company elects to specify a Cash Percentage, the amount of cash that it shall deliver in lieu of shares in respect of each Trading Day in the applicable Cash Settlement Averaging Period shall equal the product of (i) the Cash Percentage and (ii) the Daily Excess Amount for such Trading Day.
The Company may elect to reduce the number of shares of Common Stock that it shall issue upon conversion of the Securities by specifying a percentage of the Daily Excess Amount that will be settled in cash (the “Cash Percentage”), no later than by the close of business on the day prior to the first Trading Day of the applicable Cash Settlement Averaging Period, and the Company will notify the Holder of such Cash Percentage by notifying the Trustee (such notice, the “Cash Percentage Notice”).
If the Company elects to specify a Cash Percentage, the amount of cash that the Company will deliver in respect of each Trading Day during the applicable Cash Settlement Averaging Period will equal the product of (1) the Cash Percentage and (2) the Daily Excess Amount for such Trading Day.
If the Company does not elect to specify a Cash Percentage by the close of business on the Trading Day immediately preceding the start of the applicable Cash Settlement Averaging Period, the Company must settle the entire Daily Excess Amount for each Trading Day during the applicable Cash Settlement Averaging Period with shares of Common Stock; provided, however, that the Company will deliver cash in lieu of any fractional shares of Common Stock as set forth pursuant to clause (l) below.
The Company may elect to reduce the number of shares of Common Stock that it shall issue upon conversion of the Securities by specifying a percentage of the Daily Excess Amount that will be settled in cash (the “ Cash Percentage ”), no later than by the close of business on the day prior to the first Trading Day of the applicable Cash Settlement Averaging Period, and the Company will notify the Holder of such Cash Percentage by notifying the Trustee (such notice, the “ Cash Percentage Notice”).
The number of shares of Common Stock deliverable in respect of each Trading Day during the applicable Cash Settlement Averaging Period will equal (A) the product of (x) 100% minus the Cash Percentage and (y) the Daily Excess Amount for such Trading Day, divided by (B) the daily VWAP of Common Stock (or the consideration into which Common Stock has been converted in connection with certain corporate transactions) for such Trading Day.