Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 and 9.11 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Share Settled”. “Share Settled” in relation to any Option means that Net Share Settlement or Combination Settlement is applicable to that Option.
Appears in 302 contracts
Samples: Letter Agreement (Invacare Corp), Letter Agreement (Pioneer Natural Resources Co), Purchase Agreement (KAMAN Corp)
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11 and 9.11 9.12 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Net Share Settled”. .” “Net Share Settled” in relation to any Option Warrant means that Net Share Settlement or Combination Settlement is applicable to that OptionWarrant.
Appears in 70 contracts
Samples: Letter Agreement (Spectrum Pharmaceuticals Inc), Letter Agreement (Knowles Corp), Letter Agreement (Molina Healthcare Inc)
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11, 9.12 and 9.11 10.5 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Net Share Settled”. .” “Net Share Settled” in relation to any Option Warrant means that Net Share Settlement or Combination Settlement is applicable to that OptionWarrant.
Appears in 26 contracts
Samples: Letter Agreement (Exterran Holdings Inc.), Letter Agreement (Take Two Interactive Software Inc), Letter Agreement (Nuvasive Inc)
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11 and 9.11 9.12 of the Equity Definitions will be applicable, ; except that all references in such provisions to “Physically-settled” shall be read as references to “Net Share Settled”. .” “Net Share Settled” in relation to any Option Warrant means that Net Share Settlement or Combination Settlement is applicable to that OptionWarrant.
Appears in 20 contracts
Samples: Letter Agreement (Atlas Air Worldwide Holdings Inc), Letter Agreement (Workday, Inc.), Letter Agreement (Atlas Air Worldwide Holdings Inc)
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11, 9.12 and 9.11 10.5 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Net Share Settled”. “Net Share Settled” in relation to any Option means that Net Share Settlement or Combination Settlement is applicable to that Option.
Appears in 13 contracts
Samples: Letter Agreement (Kilroy Realty Corp), Tyson Foods Inc, Avis Budget Group, Inc.
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11 and 9.11 9.12 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Share Settled”. “Share Settled” in relation to any Option means that Net Share Settlement or Combination Settlement is applicable to that Option.
Appears in 10 contracts
Samples: Purchase Agreement (Super Micro Computer, Inc.), Horizon Global Corp, TTM Technologies Inc
Other Applicable Provisions. The If Net Share Settlement is applicable, the provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11 and 9.11 9.12 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Net Share Settled”. .” “Net Share Settled” in relation to any Option Warrant means that Net Share Settlement or Combination Settlement is applicable to that OptionWarrant.
Appears in 10 contracts
Samples: Letter Agreement (Amag Pharmaceuticals Inc.), Letter Agreement (Axon Enterprise, Inc.), Letter Agreement (Amag Pharmaceuticals Inc.)
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 and 9.11 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Share Settled”. .” “Share Settled” in relation to any Option means that Net Share Settlement or Combination Settlement is applicable to that Option.
Appears in 8 contracts
Samples: Workday, Inc., Workday, Inc., Workday, Inc.
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11 and 9.11 9.12 of the Equity Definitions will be applicable, except ; provided that Representation and Agreement in Section 9.11 shall be modified as provided below; and provided further that all references in such provisions to “Physically-settled” shall be read as references to “Net Share Settled”. .” “Net Share Settled” in relation to any Option Warrant means that Net Share Settlement or Combination Settlement is applicable to that OptionWarrant.
Appears in 8 contracts
Samples: Letter Agreement (Newmont Mining Corp /De/), Letter Agreement (Newmont Mining Corp /De/), Letter Agreement (Newmont Mining Corp /De/)
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 and 9.11 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settledPhysical Settlement” shall be read as references to “Share SettledSettlement”. “Share SettledSettlement” in relation to any Option means that Net Share Settlement or Combination Settlement is applicable to that Option.
Appears in 6 contracts
Samples: Atlas Air Worldwide Holdings Inc, Atlas Air Worldwide Holdings Inc, Atlas Air Worldwide Holdings Inc
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11 and 9.11 9.12 of the Equity Definitions will be applicable, except that all references in such provisions to “"Physically-settled” " shall be read as references to “"Net Share Settled”. “." "Net Share Settled” " in relation to any Option Warrant means that Net Share Settlement or Combination Settlement is applicable to that OptionWarrant.
Appears in 4 contracts
Samples: Healthways, Inc, Healthways, Inc, Healthways, Inc
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 and 9.11 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Net Share Settled”. “Net Share Settled” in relation to any Option means that Net Share Settlement or Combination Settlement is applicable to that Option.
Appears in 3 contracts
Samples: Letter Agreement (Novavax Inc), Horizon Pharma, Inc., Horizon Pharma, Inc.
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11, 9.12 and 9.11 10.5 of the Equity Definitions will be applicable, except that all references in such provisions to “"Physically-settled” " shall be read as references to “"Net Share Settled”. “." "Net Share Settled” " in relation to any Option Warrant means that Net Share Settlement or Combination Settlement is applicable to that OptionWarrant.
Appears in 3 contracts
Samples: Sonosite Inc, Letter Agreement (Chemed Corp), Letter Agreement (Chemed Corp)
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11 and 9.11 9.12 of the Equity Definitions will be applicable, except that all references in such provisions to “"Physically-settled” " shall be read as references to “(i) "Net Share Settled”" to the extent Net Share Settlement is applicable or (ii) "Combination Settled" to the extent Shares will be delivered in connection with an election of Combination Settlement. “"Net Share Settled” " in relation to any Option means that Net Share Settlement or Combination Settlement is applicable to that Option.. "
Appears in 3 contracts
Samples: Legg Mason Inc, Legg Mason Inc, Legg Mason Inc
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11 and 9.11 9.12 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Net Share Settled”. “Net Share Settled” in relation to any Option means that Net Share Settlement or Combination Settlement is applicable to that Option.
Appears in 2 contracts
Samples: Volcano Corp, Volcano Corp
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 and 9.11 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Share Settled”. “Share Settled” in relation to any Option exercised or deemed exercised hereunder means that Net Share Settlement or Combination Settlement is applicable to that Option.
Appears in 2 contracts
Samples: Letter Agreement (Cowen Group, Inc.), Letter Agreement (Cowen Group, Inc.)
Other Applicable Provisions. The If Net Share Settlement is applicable, the provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11, 9.12 and 9.11 10.5 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Net Share Settled”. .” “Net Share Settled” in relation to any Option Warrant means that Net Share Settlement or Combination Settlement is applicable to that OptionWarrant.
Appears in 2 contracts
Samples: Letter Agreement (Knight Capital Group, Inc.), American Equity Investment Life Holding Co
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11, 9.12 and 9.11 10.5 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-Physically- settled” shall be read as references to “Share Settled”. “Share Settled” in relation to any Option means that Net Share Settlement or Combination Settlement is applicable to that Option.
Appears in 2 contracts
Samples: Navistar International Corp, Navistar International Corp
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11, 9.12 and 9.11 10.5 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settledSettled” shall be read as references to “Net Share Settled”. “Net Share Settled” in relation to any Option means that Net Share Settlement or Combination Settlement is applicable to that Option.
Appears in 2 contracts
Samples: Letter Agreement (Group 1 Automotive Inc), Letter Agreement (Group 1 Automotive Inc)
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 and 9.11 of the Equity Definitions will be applicable, except that all references in such provisions to “Physical Settlement” or “Physically-settled” shall be read as references to “Share Settled”. “Share Settled” in relation to any Option means that Net Share Settlement or Combination Settlement is applicable to that Option.
Appears in 2 contracts
Samples: Uber Technologies, Inc, Federal Realty OP LP
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11, 9.12 and 9.11 10.5 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settledSettled” shall be read as references to “Net Share Settled”. .” “Net Share Settled” in relation to any Option Warrant means that Net Share Settlement or Combination Settlement is applicable to that OptionWarrant.
Appears in 2 contracts
Samples: Macrovision Solutions CORP, Macrovision Corp
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 9.9, 9.11, 9.12 and 9.11 10.5 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-Physically- settled” shall be read as references to “Net Share Settled”. .” “Net Share Settled” in relation to any Option Warrant means that Net Share Settlement or Combination Settlement is applicable to that OptionWarrant.
Appears in 2 contracts
Samples: Letter Agreement (Navistar International Corp), Letter Agreement (Navistar International Corp)
Other Applicable Provisions. The provisions of Sections 9.1(c), 9.8, 9.9 and 9.11 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Share Settled”. “Share Settled” in relation to any Option means that Net Share Settlement or Combination Settlement is applicable to that Option.
Appears in 1 contract
Samples: Benefitfocus,Inc.
