Other Applicable Provisions. If Net Share Settlement is applicable, the provisions of Sections 9.1(c), 9.8, 9.9, 9.11 and 9.12 of the Equity Definitions will be applicable. Representation and Agreement: Notwithstanding Section 9.11 of the Equity Definitions, the parties acknowledge that any Shares delivered to Dealer may be, upon delivery, subject to restrictions and limitations arising from Company’s status as issuer of the Shares under applicable securities laws.
Appears in 8 contracts
Sources: Warrant Agreement (Chart Industries Inc), Warrant Agreement (Chart Industries Inc), Warrant Agreement (Chart Industries Inc)
Other Applicable Provisions. If Net Share Settlement is applicable, the The provisions of Sections 9.1(c), 9.8, 9.9, 9.11 and 9.12 of the Equity Definitions will be applicable, as if Physical Settlement applied to the Transaction. Representation and Agreement: Notwithstanding Section 9.11 of the Equity Definitions, the parties acknowledge that any Shares delivered to Dealer may be, upon delivery, subject to restrictions and limitations arising from Company’s status as issuer Issuer of the Shares under applicable securities laws.
Appears in 8 contracts
Sources: Warrant Agreement (AOL Inc.), Warrant Agreement (AOL Inc.), Warrant Agreement (AOL Inc.)
Other Applicable Provisions. If Net Share Settlement is applicable, the The provisions of Sections 9.1(c), 9.8, 9.9, 9.11 and 9.12 of the Equity Definitions will be applicableapplicable as if Physical Settlement applied to the Transaction. Representation and Agreement: Notwithstanding Section 9.11 of the Equity Definitions, the parties acknowledge that any Shares delivered to Dealer may be, upon delivery, subject to restrictions and limitations arising from Company’s status as issuer Issuer of the Shares under applicable securities laws.
Appears in 1 contract
Sources: Warrant Agreement (Groupon, Inc.)
Other Applicable Provisions. If Net Share Settlement To the extent Dealer is applicableobligated to deliver Shares hereunder, the provisions of Sections 9.1(c), 9.8, 9.9, 9.9 and 9.11 and 9.12 of the Equity Definitions will be applicable. applicable as if “Physical Settlement” applied to the Transaction; provided that the Representation and Agreement: Notwithstanding Agreement contained in Section 9.11 of the Equity DefinitionsDefinitions shall be modified by excluding any representations therein relating to restrictions, obligations, limitations or requirements under applicable securities laws that exist as a result of the parties acknowledge fact that any Shares delivered to Dealer may be, upon delivery, subject to restrictions and limitations arising from Company’s status as Party B is the issuer of the Shares under applicable securities lawsShares.
Appears in 1 contract
Sources: Master Confirmation for Forward Stock Sale Transactions (SITE Centers Corp.)
Other Applicable Provisions. If Net Share Settlement is applicable, the The provisions of Sections 9.1(c), 9.8, 9.9, 9.10, 9.11 and 9.12 of the Equity Definitions will be applicable. applicable to any Net Share Settlement, as if “Physical Settlement” applied to the Transaction; and provided that the Representation and Agreement: Notwithstanding Agreement contained in Section 9.11 9. 11 of the Equity DefinitionsDefinitions shall be modified by excluding any representations therein relating to restrictions, obligations, limitations or requirements under applicable securities laws as a result of the parties acknowledge fact that any Shares delivered to Dealer may be, upon delivery, subject to restrictions and limitations arising from Company’s status as Buyer is the issuer of the Shares under applicable securities laws.Shares. Failure to Deliver: Applicable
Appears in 1 contract
Sources: Convertible Note Hedge Transaction (Cadence Design Systems Inc)
Other Applicable Provisions. If Net Share Settlement is applicable, the The provisions of Sections 9.1(c), 9.8, 9.9, 9.11 9.10, and 9.12 of the Equity Definitions will be applicable. applicable to any Net Share Settlement, as if “Physical Settlement” applied to the Transaction; and provided that the Representation and Agreement: Notwithstanding Agreement contained in Section 9.11 of the Equity DefinitionsDefinitions shall be modified by excluding any representations therein relating to restrictions, obligations, limitations or requirements under applicable securities laws as a result of the parties acknowledge fact that any Shares delivered to Dealer may be, upon delivery, subject to restrictions and limitations arising from Company’s status as Buyer is the issuer of the Shares under applicable securities laws.Shares. Failure to Deliver: Applicable
Appears in 1 contract
Sources: Convertible Note Hedge Transaction (Cadence Design Systems Inc)