Common use of Notice of Settlement Method Clause in Contracts

Notice of Settlement Method. Counterparty initially elects Low Cash Combination Settlement to settle its Conversion Obligation (as defined in the Supplemental Indenture). If Counterparty chooses to elect a different method of settlement, Counterparty must notify Bank of the newly chosen settlement method no later than the earlier of (i) 5:00 p.m. (New York City time) on the second Scheduled Trading Day immediately following the Conversion Date for the Relevant Convertible Notes to which the newly chosen settlement method is going to apply and (ii) 5:00 p.m. (New York City time) on the Scheduled Trading Day immediately preceding the Final Conversion Period; provided that it shall be a condition to Counterparty’s election of any such newly chosen settlement method that at the time of such election each of Counterparty and its affiliates is not, and Counterparty hereby represents and covenants that at such time neither of them will be, in possession of any material non-public information with respect to Counterparty or the Shares.

Notice of Settlement Method. Counterparty initially elects Low Cash Combination Physical Settlement to settle its Conversion Obligation (as defined in the Supplemental Indenture). If Counterparty chooses to elect a different method of settlement, Counterparty must notify Bank of the newly chosen settlement method no later than the earlier of (i) 5:00 p.m. (New York City time) on the second Scheduled Trading Day immediately following the Conversion Date for the Relevant Convertible Notes to which the newly chosen settlement method is going to apply and (ii) 5:00 p.m. (New York City time) on the Scheduled Trading Day immediately preceding the Final Conversion Period; provided that it shall be a condition to Counterparty’s election of any such newly chosen settlement method Cash Settlement, Low Cash Combination Settlement or High Cash Combination Settlement that at the time of such election Counterparty and each of Counterparty and its affiliates is not, and Counterparty hereby represents and covenants that at such time neither of them will be, in possession of any material non-public information with respect to Counterparty or the SharesCounterparty.

Notice of Settlement Method. Counterparty initially elects Low Cash Combination Physical Settlement to settle its Conversion Obligation (as defined in the Supplemental Indenture). If Counterparty chooses to elect a different method of settlement, Counterparty must notify Bank of the newly chosen settlement method no later than the earlier of (i) 5:00 p.m. (New York City time) on the second Scheduled Trading Day immediately following the Conversion Date for the Relevant Convertible Notes to which the newly chosen settlement method is going to apply and (ii) 5:00 p.m. (New York City time) on the Scheduled Trading Day immediately preceding the Final Conversion Period; provided that it shall be a condition to Counterparty’s election of any such newly chosen settlement method that at the time of such election each of Counterparty and its affiliates is not, and Counterparty hereby represents and covenants that at such time neither of them will be, in possession of any material non-public information with respect to Counterparty or the Shares.

Notice of Settlement Method. Counterparty initially elects Low Cash Combination Physical Settlement to settle its Conversion Obligation (as defined in the Supplemental Indenture). If Counterparty chooses to elect a different method of settlement, Counterparty must notify Bank of the newly chosen settlement method no later than the earlier of (i) 5:00 p.m. (New York City time) on the second Scheduled Trading Day immediately following the Conversion Date for the Relevant Convertible Notes to which the newly chosen settlement method is going to apply and (ii) 5:00 p.m. (New York City time) on the Scheduled Trading Day immediately preceding the Final Conversion Period; provided that it shall be a condition to Counterparty’s election of any such newly chosen settlement method Cash Settlement or Combination Settlement that at the time of such election Counterparty and each of Counterparty and its affiliates is not, and Counterparty hereby represents and covenants that at such time neither of them will be, in possession of any material non-public information with respect to Counterparty or the SharesCounterparty.