Settlement Averaging Period Clause Samples

Settlement Averaging Period. For any Option and regardless of the Settlement Method applicable to such Option, the 25 consecutive Valid Days commencing on, and including, the 26th Scheduled Valid Day immediately prior to the Expiration Date.

Settlement Averaging Period. For any Option, the 40 consecutive Valid Days commencing on, and including, the 42nd Scheduled Valid Day immediately prior to the Expiration Date; provided that if the Notice of Final Settlement Method for such Option specifies that Settlement in Shares or Low Cash Combination Settlement applies to the related Convertible Note, the Settlement Averaging Period shall be the 80 consecutive Valid Days commencing on, and including, the 82nd Scheduled Valid Day immediately prior to the Expiration Date.

Settlement Averaging Period. For any Option, the 40 consecutive Valid Days commencing on, and including, the 41st Scheduled Valid Day immediately prior to the Expiration Date. Settlement Date: For any Option, the second Business Day immediately following the final Valid Day of the Settlement Averaging Period for such Option.

Settlement Averaging Period. The 40 consecutive Valid Days commencing on, and including, the 42nd Scheduled Valid Day immediately prior to the Expiration Date;

Settlement Averaging Period. For any Option;

Settlement Averaging Period. For any Option and regardless of the Settlement Method applicable to such Option, the 20 consecutive Valid Days commencing on, and including, the 22nd Scheduled Valid Day immediately prior to the “Maturity Date” (as defined in the Indenture); provided that if the Notice of Final Settlement Method for such Option specifies that Settlement in Shares or Low Cash Combination Settlement applies to the related Exchangeable Note, the Settlement Averaging Period shall be the 40 consecutive Valid Days commencing on, and including, the 42nd Scheduled Valid Day immediately prior to the “Maturity Date” (as defined in the Indenture). For the avoidance of doubt, the provisions of Section 9(i)(i) of this Confirmation shall apply to any Early Exchange, and no Settlement Averaging Period will apply to such Early Exchange.

Settlement Averaging Period. For any Option, the 60 consecutive Valid Days commencing on, and including, the 61st Scheduled Valid Day immediately prior to the Expiration Date; provided that if the Notice of Final Settlement Method or Notice of Exercise, as applicable, for such Option specifies that Settlement in Shares or Low Cash Combination Settlement applies to the related Convertible Note, the Settlement Averaging Period shall be the 120 consecutive Valid Days commencing on, and including, the 121st Scheduled Valid Day immediately prior to the Expiration Date Settlement Date: For any Option, the second Business Day immediately following the final Valid Day of the Settlement Averaging Period for such Option.

Settlement Averaging Period. For any Exercisable Option, (x) if Counterparty has delivered, in accordance with the terms set forth above, a Notice of Exercise to Deutsche with respect to such Exercisable Option with a Conversion Date occurring prior to December 15, 2011, the forty (40) consecutive Valid Day period beginning on and including the third Valid Day after such Conversion Date; provided that, if such Notice of Exercise specifies that Settlement in Shares applies to the Convertible Notes converted on such Conversion Date, the Settlement Averaging Period shall be the eighty (80) consecutive Valid Day period beginning on and including the third Scheduled Valid Day after such Conversion Date or (y) if Counterparty has delivered, in accordance with the terms set forth above, a Notice of Settlement Method to Deutsche with respect to such Exercisable Option with a Conversion Date occurring on or following December 15, 2011, the forty (40) consecutive Valid Day period beginning on and including the forty second (42nd) Scheduled Valid Day immediately prior to the Expiration Date; provided that, if such Notice of Settlement Method specifies that Settlement in Shares applies to the Convertible Notes converted on such Conversion Date, the Settlement Averaging Period shall be the eighty (80) consecutive Valid Day period beginning on and including the forty second (42nd) Scheduled Valid Day immediately prior to the Expiration Date. Settlement Date: For any Exercisable Option, the third Valid Day immediately following the final Valid Day of the Settlement Averaging Period with respect to such Exercisable Options.

Settlement Averaging Period. For any Exercisable Unit or Designated Repurchase Unit exercised or deemed exercised hereunder, the 25 consecutive Valid Days commencing on, and including, the 27th Scheduled Valid Day immediately preceding the Expiration Date.