Electing Party Sample Clauses

Electing Party. Counterparty Settlement Method Election Date: Each Settlement Notice Date with respect to the applicable Settlement Shares. Default Settlement Method: Physical Settlement Representation and Agreement: Notwithstanding Section 9.11 of the Equity Definitions, the parties acknowledge that (i) any Shares delivered by Dealer to Counterparty (including in connection with Net Share Settlement) will be subject to compliance with applicable law and restrictions and limitations arising from Counterparty’s status under applicable securities laws, and (ii) any Shares delivered to Dealer (whether in connection with Physical Settlement or Net Share Settlement) will be subject to restrictions and limitations under applicable securities laws, as described in paragraph 3 below.

Electing Party. Company.

Electing Party. Buyer Buyer Election Date: In respect of any Valuation Date, the earlier of (i) the Scheduled Valuation Date and (ii) the second Exchange Business Day immediately following the relevant Acceleration Date (if any) (in which case the election under Section 7.1 of the Equity Definitions shall be made no later than 10 minutes prior to the open of trading on the Exchange on such second Exchange Business Day), as the case may be. Default Settlement Method: Cash Settlement Forward Cash Settlement Amount: The Settlement Amount multiplied by the Buyer Settlement Price. Buyer Settlement Price: The average of the 10b-18 VWAPs for each Exchange Business Day in the Buyer Settlement Valuation Period, subject to the provisions opposite the caption “Market Disruption Event” in the Confirmation. Buyer Settlement Valuation Period: A number of Scheduled Trading Days selected by MSCO as necessary to unwind MSCO’s commercially reasonable hedge position in a commercially reasonable manner, beginning on the Scheduled Trading Day immediately following the earlier of (i) the Scheduled Valuation Date or (ii) the Exchange Business Day immediately following the Valuation Date. MSCO shall notify Issuer of the conclusion of the Buyer Settlement Valuation Period by 9:00 p.m., New York City time, on the date of such conclusion.

Electing Party. Buyer Settlement Method Election Date: In respect of any Valuation Date, the earlier of (i) the Scheduled Valuation Date and (ii) the third Exchange Business Day immediately following the Valuation Date designated in an Acceleration (if any) (in which case the election under Section 7.1 of the Equity Definitions shall be made no later than 10 minutes prior to the open of trading on the Exchange on such second Exchange Business Day), as the case may be. Default Settlement Method: Cash Settlement Forward Cash Settlement Amount: The Settlement Amount multiplied by the Buyer Settlement Price.