Exchange Settlement. Upon an exchange of Notes, the Operating Partnership shall deliver, in respect of each $1,000 principal amount of Notes tendered for exchange in accordance with their terms:
Exchange Settlement. (A) (1) Yankees hereby assigns to the CFST and the CFST hereby accepts in partial payment of the Yankees Debt, $11,696.95, of the Explorations' Debt (the "CFST Assigned Debt"), evinced by a partial assignment of Yankees' rights under the Explorations' Notes equivalent thereto, the transaction being effected without registration under the Securities Act or the Florida Act, based on the exemption from registration provided by Section 4(2) of the Securities Act and Section 517.061(11) of the Florida Act.
Exchange Settlement. (a) Subject to the satisfaction (or waiver) of all of the conditions to the Exchange set forth in Sections 5.01 and 5.02, the Exchange shall be consummated and become effective upon the execution and delivery of this Agreement (the time of such effectiveness, the “Effective Time”).
Exchange Settlement. (a) Upon an exchange of Securities, the Company shall deliver, in respect of each $1,000 principal amount of Securities tendered for exchange:
Exchange Settlement. As soon as practicable following the effectiveness of the Series C Note Exchange, which shall be deemed to occur at 4:01 p.m. (New York time) on the Closing Date (such date and time, the “Effective Time”):
Exchange Settlement. As soon as practicable following the effectiveness of the Ares Loan Exchange, which shall be deemed to occur at the Effective Time, the Company shall deliver to each Participating Party set forth on Schedule II a certificate, duly executed on behalf of the Company and bearing the restrictive legend pursuant to Section 2.4(c), representing the number of Preferred Exchange Shares set forth across from such Participating Party’s name on Schedule II hereto in the column captioned “Preferred Exchange Shares.” Upon the Effective Time, such Participating Party shall be deemed for all corporate purposes to have become the legal, beneficial and record holder of such Preferred Exchange Shares.
Exchange Settlement. Upon an exchange of Notes, the Issuer shall deliver, in respect of each $1,000 principal amount of Notes tendered for exchange in accordance with their terms, (a) cash in an amount (the "Principal Return") equal to the lesser of (1) the principal amount of the Notes surrendered for exchange and (2) the Exchange Value, and (b) if the Exchange Value is greater than the Principal Return, an amount (the "Net Amount") in cash or Lexington Common Shares with an aggregate value equal to the difference between the Exchange Value and the Principal Return. The Issuer may elect to deliver any portion of the Net Amount in cash (the "Net Cash Amount") or Lexington Common Shares, and any portion of the Net Amount the Issuer elects to deliver in Lexington Common Shares (the "Net Shares") shall be the sum of the Daily Share Amounts for each Trading Day during the Applicable Exchange Period. Prior to the close of business on the second Trading Day following the date on which Notes are tendered for exchange, the Issuer shall inform Holders of such Notes of its election to pay cash for all or a portion of the Net Amount and, if applicable, the portion of the Net Amount that shall be paid in cash and the portion that shall be delivered in the form of Net Shares. The Issuer shall deliver cash in lieu of any fractional Lexington Common Shares issuable in connection with payment of the Net Shares based upon the Average Price.
Exchange Settlement. Upon exchange of any Notes, subject to Section 2.11 and this Section 2.12, the Issuer shall settle each $1,000 principal amount of Notes being exchanged (the “Exchange Obligation”) by delivering, on the third Trading Day immediately following the last day of the Applicable Exchange Measurement Period, at the Issuer’s option, either (1) cash, (2) Sunstone Common Shares or (3) a combination of cash and Sunstone Common Shares for each $1,000 aggregate principal amount of Notes tendered for exchange in accordance with their terms, as follows:
Exchange Settlement. (a) Subject to the satisfaction (or waiver) of all of the conditions to the Exchange set forth in Sections 7.01, 7.02 and 7.03, the Exchange shall be consummated and become effective on the date of, and immediately following, the closing of the Public Offering, or such later date and time as is mutually agreed to by the Borrower and the Deerfield Lenders (the date of the Public Offering closing or later mutually agreed date, the “Effective Date” and the time of such closing or later mutually agreed time, the “Effective Time”).
Exchange Settlement
