Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b) and Section 14.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 155 contracts
Samples: Indenture (Blackline, Inc.), Microstrategy Incorporated (MICROSTRATEGY Inc), Indenture (Avid Bioservices, Inc.)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b) and Section 14.07(a), upon conversion of any Note, the Company shall pay satisfy its Conversion Obligation by paying or deliverdelivering, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 63 contracts
Samples: Indenture (Alarm.com Holdings, Inc.), Indenture (Rapid7, Inc.), Indenture (Cerence Inc.)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section Section 14.02, Section Section 14.03(b) and Section Section 14.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j(j) of this Section Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j(j) of this Section Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section Section 14.02.
Appears in 17 contracts
Samples: Granite Construction Incorporated and Wilmington Trust (Granite Construction Inc), Indenture (Indie Semiconductor, Inc.), Indenture (Porch Group, Inc.)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.0213.02, Section 14.03(b13.03(b) and Section 14.07(a13.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 13.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 13.02 (“Combination Settlement”), at its election, as set forth in this Section 14.0213.02.
Appears in 16 contracts
Samples: Indenture (Live Nation Entertainment, Inc.), Unity Software (Unity Software Inc.), Indenture (Splunk Inc)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.0213.02, Section 14.03(b13.03(b) and Section 14.07(a13.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 13.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 13.02 (“Combination Settlement”), at its election, as set forth in this Section 14.0213.02.
Appears in 15 contracts
Samples: Indenture (TPG Specialty Lending, Inc.), Indenture (Hercules Capital, Inc.), Indenture (Goldman Sachs BDC, Inc.)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section Section 14.02, Section Section 14.03(b) and Section Section 14.07(a), upon conversion of any Note, the Company shall pay satisfy its Conversion Obligation by paying or deliverdelivering, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j(j) of this Section Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j(j) of this Section Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section Section 14.02.
Appears in 12 contracts
Samples: Indenture (Plug Power Inc), Indenture (Novavax Inc), Indenture (Jamf Holding Corp.)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b) and Section 14.07(a), upon conversion of any Note, the Company shall shall, at its election, pay or deliver, as the case may be, to the converting Holder, in respect full satisfaction of each $1,000 principal amount of Notes being convertedits Conversion Obligation, cash (“Cash Settlement”), shares of the Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (jSection 14.02(i) of this Section 14.02 (“Physical Settlement”) ), or a combination of cash and shares of the Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (jSection 14.02(i) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 11 contracts
Samples: Indenture (Royal Caribbean Cruises LTD), Indenture (TechTarget Inc), Indenture (TechTarget Inc)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b) 14.02 and Section 14.07(a14.06(a), upon conversion of any Note, the Company shall pay satisfy its Conversion Obligation by paying or deliverdelivering, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 6 contracts
Samples: Indenture (Pacific Biosciences of California, Inc.), Indenture (Invitae Corp), Investment Agreement (Invitae Corp)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.0213.02, Section 14.03(b13.03(b) and Section 14.07(a13.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cashtogether, if applicable, with cash in lieu of delivering any fractional share of Common Stock in accordance with subsection (jSection 13.02(j) of this Section 14.02 (“Physical Settlement”) ), or a combination of cash and shares of Common Stock, together with cashtogether, if applicable, with cash in lieu of delivering any fractional share of Common Stock in accordance with subsection (jSection 13.02(j) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.0213.02.
Appears in 5 contracts
Samples: Indenture (Wolfspeed, Inc.), Wolfspeed, Inc., Cree, Inc.
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b) and Section 14.07(a), upon conversion of any Note, the Company Issuer shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 4 contracts
Samples: First Supplemental Indenture (Intercept Pharmaceuticals, Inc.), Security Agreement (Intercept Pharmaceuticals, Inc.), Security Agreement (Intercept Pharmaceuticals, Inc.)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.0211.02, Section 14.03(b11.03(b) and Section 14.07(a11.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 11.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 11.02 (“Combination Settlement”), at its election, as set forth in this Section 14.0211.02.
Appears in 4 contracts
Samples: Supplemental Indenture (Molycorp, Inc.), Supplemental Indenture (Molycorp, Inc.), Supplemental Indenture (Cobalt International Energy, Inc.)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.0211.02, Section 14.03(b11.03(b) and Section 14.07(a11.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 11.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 11.02 (“Combination Settlement”), at its election, as set forth in this Section 14.0211.02.
Appears in 4 contracts
Samples: Indenture (Assertio Therapeutics, Inc), First Supplemental Indenture (INFINERA Corp), First Supplemental Indenture (Horizon Global Corp)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.0213.02, Section 14.03(b13.03(d) and Section 14.07(a13.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 13.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 13.02 (“Combination Settlement”), at its election, as set forth in this Section 14.0213.02.
Appears in 3 contracts
Samples: Indenture (Square, Inc.), Indenture (Square, Inc.), Indenture (Square, Inc.)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b) and Section 14.07(a), upon conversion of any Note, the Company shall shall, at its election, pay or deliver, as the case may be, to the converting Holder, in respect full satisfaction of each $1,000 principal amount of Notes being convertedits Conversion Obligation, cash (“Cash Settlement”), shares of the Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of the Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 3 contracts
Samples: Indenture (MARRIOTT VACATIONS WORLDWIDE Corp), Supplemental Indenture (TripAdvisor, Inc.), MARRIOTT VACATIONS WORLDWIDE Corp
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Except as provided in Section 14.02, Section 14.03(b) and Section 14.07(a8.03(b), upon any conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting HolderHolders, in respect of each $1,000 principal amount of Notes being convertedits Conversion Obligation, cash (“Cash Settlement”), i) shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (ji) of this Section 14.02 8.02 (“Physical Settlement”), (ii) a cash payment without any delivery of shares of Common Stock (“Cash Settlement”), or (iii) a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (ji) of this Section 14.02 8.02 (“Combination Settlement”), at its election, as set forth in this Section 14.028.02.
Appears in 3 contracts
Samples: Indenture (Alcoa Inc.), Indenture (Rti International Metals Inc), Indenture (Rti International Metals Inc)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b) and Section 14.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 3 contracts
Samples: Indenture (Conceptus Inc), Indenture (Molycorp, Inc.), Indenture (Akorn Inc)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b) and Section 14.07(a), upon conversion of any NoteDebenture, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes Debentures being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 3 contracts
Samples: Indenture (Vishay Intertechnology Inc), Indenture (Vishay Intertechnology Inc), Indenture (Vishay Intertechnology Inc)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b) and Section 14.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (ji) of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (ji) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 3 contracts
Samples: Indenture (Solaredge Technologies, Inc.), Indenture (Akamai Technologies Inc), Indenture (Akamai Technologies Inc)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.0214.03, Section 14.03(b14.04(b) and Section 14.07(a14.08(a), upon conversion of any NoteNote pursuant to Section 14.01, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 1.00 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 14.03 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 14.03 (“Combination Settlement”), at its election, as set forth in this Section 14.0214.03.
Appears in 3 contracts
Samples: Indenture (Endologix Inc /De/), Indenture (Endologix Inc /De/), Indenture (Endologix Inc /De/)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.028.02, Section 14.03(b8.03(b) and Section 14.07(a8.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (ji) of this Section 14.02 8.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (ji) of this Section 14.02 8.02 (“Combination Settlement”), at its election, as set forth in this Section 14.028.02.
Appears in 2 contracts
Samples: First Supplemental Indenture (GT Advanced Technologies Inc.), GT Advanced Technologies Inc.
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b) and Section 14.07(a), upon conversion of any Note, the Company shall pay satisfy its Conversion Obligation by paying or deliverdelivering, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with casha cash payment, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 2 contracts
Samples: Supplemental Indenture (NantHealth, Inc.), Note Purchase Agreement (NantHealth, Inc.)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b14.03(a) and Section 14.07(a), upon conversion of any Note, the Company shall pay satisfy its Conversion Obligation by paying or deliverdelivering, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 2 contracts
Samples: Indenture (Tandem Diabetes Care Inc), Indenture (Ionis Pharmaceuticals Inc)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.029.02, Section 14.03(b9.03(b) and Section 14.07(a9.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 9.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 9.02 (“Combination Settlement”), at its election, as set forth in this Section 14.029.02.
Appears in 2 contracts
Samples: First Supplemental Indenture (Everbridge, Inc.), And (Veeco Instruments Inc)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b) and Section 14.07(a), upon conversion of any Note, the Company shall pay satisfy its Conversion Obligation by paying or deliverdelivering, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Combination Settlement”), at its election, based on the applicable Conversion Rate, as set forth in this Section 14.02.
Appears in 2 contracts
Samples: Indenture (Liveperson Inc), Indenture (Under Armour, Inc.)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b) 14.02 and Section 14.07(a), upon conversion of any Note, the Company shall pay satisfy its Conversion Obligation by paying or deliverdelivering, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 2 contracts
Samples: Indenture (Sunnova Energy International Inc.), Indenture (Sunnova Energy International Inc.)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b) and Section 14.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 2 contracts
Samples: Indenture (Medicines Co /De), Indenture (Medicines Co /De)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b) and Section 14.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.0214.02 and subject in all respects to Section 14.02(a)(iii).
Appears in 2 contracts
Samples: Indenture (Atlas Holdings, Inc.), Indenture (Impax Laboratories Inc)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b), Section 14.07(a) and Section 14.07(a)14.12, upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 2 contracts
Samples: Indenture (RumbleON, Inc.), Indenture (RumbleON, Inc.)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b) and Section 14.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Combination Settlement”), in each case, at its election, as set forth in this Section 14.02.
Appears in 2 contracts
Samples: Indenture (SYNAPTICS Inc), Indenture (Osi Systems Inc)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b) and Section 14.07(a), upon conversion of any Note, the Company shall pay or and/or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 2 contracts
Samples: Indenture (Inotek Pharmaceuticals Corp), Indenture (Inotek Pharmaceuticals Corp)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.0213.02, Section 14.03(b13.04(b) and Section 14.07(a13.08(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 13.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 13.02 (“Combination Settlement”), at its the Company’s election, as set forth in this Section 14.0213.02.
Appears in 2 contracts
Samples: Indenture (Resource Capital Corp.), Indenture (Resource Capital Corp.)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.0213.02, Section 14.03(b13.03(c) and Section 14.07(a13.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 13.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 13.02 (“Combination Settlement”), at its election, as set forth in this Section 14.0213.02.
Appears in 2 contracts
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.0213.02, Section 14.03(b13.04(b) and Section 14.07(a13.08(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 13.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 13.02 (“Combination Settlement”), at its election, as set forth in this Section 14.0213.02.
Appears in 1 contract
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.028.02, Section 14.03(b8.03(b) and Section 14.07(a8.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (jSection 8.02(j) of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (jSection 8.02(j) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.028.02.
Appears in 1 contract
Samples: Macquarie Infrastructure Corp
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b) and Section 14.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j(j) of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j(j) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 1 contract
Samples: Tandem Diabetes Care Inc
Conversion Procedure; Settlement Upon Conversion. 63 (a) Subject to this Section 14.02, Section 14.03(b) and Section 14.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (ji) of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (ji) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 1 contract
Samples: Avaya Holdings Corp.
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b) and ), Section 14.07(a), Section 14.13 and Section 14.14, upon conversion of any Note, the Company shall pay satisfy its Conversion Obligation by paying or deliverdelivering, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 1 contract
Samples: Indenture (fuboTV Inc. /FL)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b14.03(c) and Section 14.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.55
Appears in 1 contract
Samples: Indenture (Tricida, Inc.)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b) and Section 14.07(a), upon conversion of any Note, the Company shall pay or deliver, or cause to be paid or delivered, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Physical Settlement”) ), or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 1 contract
Samples: Indenture (Cantel Medical Corp)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section Sections 14.02, Section 14.03(b) and Section 14.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 1 contract
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section Section 14.02, Section Section 14.03(b) and Section Section 14.07(a), upon conversion of any Note, the Company Issuer shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j(j) of this Section Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j(j) of this Section Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section Section 14.02.
Appears in 1 contract
Samples: First Supplemental Indenture (Intercept Pharmaceuticals Inc)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.029.02, Section 14.03(b9.03(b) and Section 14.07(a9.07(a), upon conversion of any Note, the Company Issuer shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 9.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 9.02 (“Combination Settlement”), at its election, as set forth in this Section 14.029.02.
Appears in 1 contract
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b) and Section 14.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Combination Settlement”), at its the Company’s election, as set forth in this Section 14.02.
Appears in 1 contract
Samples: And (Move Inc)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.028.02, Section 14.03(b8.03(b) and Section 14.07(a8.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting HolderHolder of the Notes, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (ji) of this Section 14.02 8.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (ji) of this Section 14.02 8.02 (“Combination Settlement”), at its election, as set forth in this Section 14.028.02.
Appears in 1 contract
Samples: First Supplemental Indenture (Wabash National Corp /De)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b) 13.02 and Section 14.07(a13.07(a), upon conversion of any New Third Lien Secured Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of New Third Lien Secured Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 13.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 13.02 (“Combination Settlement”), at its election, as set forth in this Section 14.0213.02.
Appears in 1 contract
Samples: Bed Bath & Beyond Canada L.P.
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.0210.02, Section 14.03(b10.03(b) and Section 14.07(a10.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with plus cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 10.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with plus cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 10.02 (“Combination Settlement”), at its election, as set forth in this Section 14.0210.02.
Appears in 1 contract
Samples: First Supplemental Indenture (Stillwater Mining Co /De/)
Conversion Procedure; Settlement Upon Conversion. (a) 84. Subject to this Section 14.02, Section 14.03(b) and Section 14.07(a), upon conversion of any Note, the Company shall pay satisfy its Conversion Obligation by paying or deliverdelivering, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, 57 together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Combination Settlement”), at its election, based on the applicable Conversion Rate, as set forth in this Section 14.02.
Appears in 1 contract
Samples: Indenture (Liveperson Inc)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Except as provided in Section 14.03(b) and Section 14.07(a), upon any conversion of any Note, the Company shall pay or deliver, as the case may be, deliver to the converting HolderHolders, in respect of each $1,000 principal amount of Notes being convertedits Conversion Obligation, cash (“Cash Settlement”), i) shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (ji) of this Section 14.02 (“Physical Settlement”), (ii) a cash payment without any delivery of shares of Common Stock (“Cash Settlement”), or (iii) a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (ji) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 1 contract
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b) and Section 14.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, (i) cash (“Cash Settlement”), (ii) shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Physical Settlement”) or (iii) a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 1 contract
Samples: Indenture (Universal American Corp.)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.0213.02, Section 14.03(b) and 13.04(b)and Section 14.07(a13.08(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 13.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 13.02 (“Combination Settlement”), at its election, as set forth in this Section 14.0213.02.
Appears in 1 contract
Samples: Indenture (Netsuite Inc)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section Section 14.02, Section Section 14.03(b) and Section Section 14.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j(j) of this Section 14.02 Section 14.02, (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j(j) of this Section Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section Section 14.02.
Appears in 1 contract
Samples: Indenture (PTC Therapeutics, Inc.)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b) and Section 14.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance 61 with subsection (j) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 1 contract
Samples: Indenture (Upwork, Inc)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b14.03(a) and Section 14.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (jSection 14.02(j) of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (jSection 14.02(j) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 1 contract
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section Section 14.02, Section Section 14.03(b) and Section Section 14.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j(i) of this Section Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j(i) of this Section Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section Section 14.02.
Appears in 1 contract
Samples: Indenture (Akamai Technologies Inc)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.0212.02, Section 14.03(b12.03(b) and Section 14.07(a12.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 12.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 12.02 (“Combination Settlement”), at its election, as set forth in this Section 14.0212.02.
Appears in 1 contract
Samples: Atlas Air Worldwide Holdings Inc
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Except as provided in Section 14.02, Section 14.03(b13.03(b) and Section 14.07(a13.07(a), upon conversion of any Note, the Company shall will pay or deliver, as the case may beapplicable, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, (x) cash (“Cash Settlement”), ; (y) shares of Common Stock, together with cashtogether, if applicable, with cash in lieu of delivering any fractional share of Common Stock in accordance with subsection (jSection 13.02(k) of this Section 14.02 (“Physical Settlement”); or (z) or a combination of cash and shares of Common Stock, together with cashtogether, if applicable, with cash in lieu of delivering any fractional share of Common Stock in accordance with subsection (jSection 13.02(k) of this Section 14.02 (“Combination Settlement”), in each case at its the Company’s election, as set forth in this Section 14.02subject to the following.
Appears in 1 contract
Samples: Indenture (Pacira BioSciences, Inc.)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.029.02, Section 14.03(b9.03(b) and Section 14.07(a9.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (ji) of this Section 14.02 9.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (ji) of this Section 14.02 9.02 (“Combination Settlement”), at its election, as set forth in this Section 14.029.02.
Appears in 1 contract
Samples: RPM International Inc/De/
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section Section 14.02, Section Section 14.03(b) ), and Section Section 14.07(a), upon conversion of any Note, the Company shall pay satisfy its Conversion Obligation by paying or deliverdelivering, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j(j) of this Section Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j(j) of this Section Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section Section 14.02.
Appears in 1 contract
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.0211.02, Section 14.03(b11.03(b) and Section 14.07(a11.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 11.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 11.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.11.02. 50
Appears in 1 contract
Samples: Assertio Therapeutics, Inc
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02Section 12.02, Section 14.03(bSection 12.03(b) and Section 14.07(aSection 12.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j(j) of this Section 14.02 Section 12.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j(j) of this Section 14.02 Section 12.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02Section 12.02.
Appears in 1 contract
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b) and Section 14.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being convertedat the Company’s election, cash (“Cash Settlement”), shares of Class A Common Stock, together with cash, if applicable, in lieu of delivering any fractional share shares of Class A Common Stock in accordance with subsection (jSection 14.02(i) of this Section 14.02 (“Physical Settlement”) ), or a combination of cash and shares of the Class A Common Stock, together with cash, if applicable, in lieu of delivering any fractional share shares of Class A Common Stock in accordance with subsection (jSection 14.02(i) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 1 contract
Samples: Indenture (Sphere Entertainment Co.)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section Section 14.02, Section Section 14.03(b) and Section Section 14.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cashtogether, if applicable, with cash in lieu of delivering any fractional share of Common Stock in accordance with subsection (j(j) of this Section Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j(j) of this Section Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section Section 14.02.
Appears in 1 contract
Samples: Indenture (LendingTree, Inc.)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b) and Section 14.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Physical Stock Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 1 contract
Samples: Indenture (Vivus Inc)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.029.02, Section 14.03(b9.03(b) and Section 14.07(a9.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (ji) of this Section 14.02 9.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (ji) of this Section 14.02 9.02 (“Combination Settlement”), at its election, as set forth in this Section 14.029.02.
Appears in 1 contract
Samples: First Supplemental Indenture (Auxilium Pharmaceuticals Inc)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.0213.02, Section 14.03(b) and 13.03(b)and Section 14.07(a13.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 13.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 13.02 (“Combination Settlement”), at its election, as set forth in this Section 14.0213.02.
Appears in 1 contract
Samples: Indenture (Infinera Corp)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section Section 14.02, Section Section 14.03(b) and Section Section 14.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j(j) of this Section Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j(j) of this Section Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section Section 14.02.
Appears in 1 contract
Samples: Indenture (Assertio Holdings, Inc.)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.0213.02, Section 14.03(b13.03(b) and Section 14.07(a13.07(a), upon conversion of any Note, the Company shall pay or deliverdeliver (or otherwise cause to be delivered), as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cashtogether, if applicable, with cash in lieu of delivering any fractional share of Common Stock in accordance with subsection (jSection 13.02(j) of this Section 14.02 (“Physical Settlement”) ), or a combination of cash and shares of Common Stock, together with cashtogether, if applicable, with cash in lieu of delivering any fractional share of Common Stock in accordance with subsection (jSection 13.02(j) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.0213.02.
Appears in 1 contract
Samples: Repay Holdings Corp
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.028.02, Section 14.03(b8.03(b) and Section 14.07(a8.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting HolderHolder of the Notes, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (jSection 8.02(i) of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (jSection 8.02(i) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.028.02.
Appears in 1 contract
Samples: Indenture (Radian Group Inc)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b14.04(b) and Section 14.07(a14.09(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 1 contract
Samples: Cyan Inc
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.028.02, Section 14.03(b8.03(b) and Section 14.07(a8.08(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 8.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 8.02 (“Combination Settlement”), at its election, as set forth in this Section 14.028.02.
Appears in 1 contract
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b) 13.02 and Section 14.07(a13.07(a), upon conversion of any New Second Lien Convertible Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of New Second Lien Convertible Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 13.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 13.02 (“Combination Settlement”), at its election, as set forth in this Section 14.0213.02.
Appears in 1 contract
Samples: Bed Bath & Beyond Canada L.P.
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b) and Section 14.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Physical Settlement”) ), or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 1 contract
Samples: Indenture (Expedia Group, Inc.)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b) and Section 14.07(a), upon conversion of any Note, the Company shall pay or and/or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cashtogether, if applicable, with cash in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 1 contract
Samples: Indenture (MP Materials Corp. / DE)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.0212.02, Section 14.03(b12.03(b) and Section 14.07(a12.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting HolderHolder through the Conversion Agent, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 12.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 12.02 (“Combination Settlement”), at its election, as set forth in this Section 14.0212.02.
Appears in 1 contract
Samples: Atlas Air Worldwide Holdings Inc
Conversion Procedure; Settlement Upon Conversion. (a) . (a) Subject to this Section 14.02, Section 14.03(b) and Section 14.07(a), upon conversion of any Note, the Company shall shall, at its election, pay or deliver, as the case may be, to the converting Holder, in respect full satisfaction of each $1,000 principal amount of Notes being convertedits Conversion Obligation, cash (“Cash Settlement”), shares of the Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of the Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 1 contract
Samples: Supplemental Indenture (MARRIOTT VACATIONS WORLDWIDE Corp)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.0212.02, Section 14.03(b12.03(b) and Section 14.07(a12.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 12.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 12.02 (“Combination Settlement”), at its election, as set forth in this Section 14.0212.02.
Appears in 1 contract
Samples: BlackRock Capital Investment Corp
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Except as provided in Section 14.03(b) and Section 14.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 1 contract
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.029.02, Section 14.03(b9.03(b) and Section 14.07(a9.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 9.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 9.02 (“Combination Settlement”), at its election, as set forth in this Section 14.029.02.
Appears in 1 contract
Samples: XPO Logistics, Inc.
Conversion Procedure; Settlement Upon Conversion. (ae) Subject to this Section 14.02, Section 14.03(b) and Section 14.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 1 contract
Samples: Indenture (GNC Holdings, Inc.)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02Section 13.02, Section 14.03(bSection 13.03(b) and Section 14.07(aSection 13.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j(j) of this Section 14.02 Section 13.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j(j) of this Section 14.02 Section 13.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.Section 13.02. 55
Appears in 1 contract
Samples: Investment Agreement (Splunk Inc)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b) and Section 14.07(a), upon conversion of any Note, the Company shall pay satisfy its Conversion Obligation by paying or deliverdelivering, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with casha cash payment, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02, and an Interest Make-Whole Payment, if applicable.
Appears in 1 contract
Samples: Indenture (NantHealth, Inc.)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b) and Section 14.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 14.02, (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 1 contract
Samples: Indenture (PTC Therapeutics, Inc.)
Conversion Procedure; Settlement Upon Conversion. (a) . (a) Subject to this Section 14.02, Section 14.03(b) and Section 14.07(a), upon conversion of any Note, the Company shall shall, at its election, pay or deliver, as the case may be, to the converting Holder, in respect full satisfaction of each $1,000 principal amount of Notes being convertedits Conversion Obligation, cash (“Cash Settlement”), shares of the Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (jSection 14.02(i) of this Section 14.02 (“Physical Settlement”) ), or a combination of cash and shares of the Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (jSection 14.02(i) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 1 contract
Samples: Conmed Corp
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b) and Section 14.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) Section 14.02 of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) Section 14.02 of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 1 contract
Samples: Indenture (Enphase Energy, Inc.)
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b) and Section 14.07(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“"Cash Settlement”"), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“"Physical Settlement”") or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“"Combination Settlement”"), at its election, as set forth in this Section 14.02.
Appears in 1 contract
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b), Section 14.07(a) and Section 14.07(a)14.11, upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (jSection 14.02(k) of this Section 14.02 (“Physical Settlement”) ), or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (jSection 14.02(k) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 1 contract
Samples: Indenture (Acorda Therapeutics Inc)
Conversion Procedure; Settlement Upon Conversion. (a) a. Subject to this Section 14.02, Section 14.03(b) 14.02 and Section 14.07(a14.06(a), upon conversion of any Note, the Company shall pay or deliver, as the case may be, to the converting Holder, in respect of each $1,000 principal amount Capitalized Principal Amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 1 contract
Samples: Eos Energy Enterprises, Inc.
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section Section 14.02, Section 14.03(b) and Section Section 14.07(a), upon conversion of any Note, the Company shall pay satisfy its Conversion Obligation by paying or deliverdelivering, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j(j) of this Section Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection (j(j) of this Section Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section Section 14.02.
Appears in 1 contract
Conversion Procedure; Settlement Upon Conversion. (a) Subject to this Section 14.02, Section 14.03(b) and Section 14.07(a), upon conversion of any Note, the Company shall pay satisfy its Conversion Obligation by paying or deliverdelivering, as the case may be, to the converting Holder, in respect of each $1,000 principal amount of Notes being converted, cash (“Cash Settlement”), shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection subSection (j) of this Section 14.02 (“Physical Settlement”) or a combination of cash and shares of Common Stock, together with cash, if applicable, in lieu of delivering any fractional share of Common Stock in accordance with subsection subSection (j) of this Section 14.02 (“Combination Settlement”), at its election, as set forth in this Section 14.02.
Appears in 1 contract
Samples: Indenture (Zynex Inc)
