Cash in Lieu of Fractional Shares. The Company will not issue a fractional share of Common Stock upon conversion of a Note. Instead, the Company shall pay cash in lieu of fractional shares based on the Daily VWAP of the Common Stock on the applicable Conversion Date (or, if such Conversion Date is not a Trading Day, the Daily VWAP of the Common Stock on the Trading Day immediately preceding such Conversion Date).
Appears in 8 contracts
Samples: Registration Rights Agreement (Comstock Oil & Gas, LP), Fourth Supplemental Indenture (Whiting Petroleum Corp), Registration Rights Agreement (Comstock Oil & Gas, LP)
Cash in Lieu of Fractional Shares. The Company will not issue a fractional share of Common Stock upon conversion of a Note. Instead, the Company shall pay cash in lieu of fractional shares based on the Daily VWAP of the Common Stock on the applicable Conversion Date (or, if such Conversion Date is not a Trading Day, the Daily VWAP of the Common Stock on the Trading Day immediately preceding such Conversion Date).
Appears in 6 contracts
Samples: First Supplemental Indenture (Whiting Petroleum Corp), Senior Indenture (Whiting Petroleum Corp), Supplemental Indenture (Sandridge Energy Inc)
Cash in Lieu of Fractional Shares. The Company will shall not issue a fractional share of Common Stock upon conversion of a NoteSecurity. Instead, the Company shall pay cash in lieu of fractional shares based on the Daily VWAP of the Common Stock on the applicable Conversion Date (or, if such Conversion Date is not a Trading Day, the Daily VWAP of the Common Stock on the Trading Day immediately preceding such Conversion Date).
Appears in 2 contracts
Samples: Supplemental Indenture (Denbury Resources Inc), Indenture (Denbury Resources Inc)
Cash in Lieu of Fractional Shares. The Company will not issue a fractional share of Common Stock upon conversion of a NoteSecurity. Instead, the Company shall pay cash in lieu of fractional shares based on the Daily VWAP of the Common Stock on the applicable Conversion Date (or, if such Conversion Date is not a Trading Day, the Daily VWAP of the Common Stock on the Trading Day immediately preceding such Conversion Date).
Appears in 1 contract
Samples: Indenture (Denbury Resources Inc)
Cash in Lieu of Fractional Shares. The Company will shall not issue a any fractional share of Common Stock upon conversion of a Note. Instead, the Company Securities and shall instead pay cash in lieu of any fractional shares share of Common Stock issuable upon conversion in an amount based on (i) the Daily VWAP of the Common Stock on the applicable relevant Conversion Date if the Company elects Physical Settlement or (or, if such Conversion Date is not a Trading Day, ii) the Daily VWAP on the last VWAP Trading Day of the Common Stock on relevant Observation Period if the Trading Day immediately preceding such Conversion Date)Company elects or is deemed to elect Combination Settlement.
Appears in 1 contract
Samples: Indenture (Tivo Inc)
