Common use of Settlement Method Clause in Contracts

Settlement Method. Upon the conversion of any Note, the Company will settle such conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(1) (a “Physical Settlement”); (y) solely cash as provided in Section 5.03(B)(i)(2) (a “Cash Settlement”); or (z) a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(3) (a “Combination Settlement”).

Appears in 67 contracts

Sources: Indenture (Lucid Group, Inc.), Indenture (Guardant Health, Inc.), Indenture (Cytokinetics Inc)

Settlement Method. Upon the conversion Conversion of any Note, the Company will settle such conversion Conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(1) (a “Physical Settlement”); (y) solely cash as provided in Section 5.03(B)(i)(2) (a “Cash Settlement”); or (z) a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(3) (a “Combination Settlement”).

Appears in 8 contracts

Sources: Indenture (Fastly, Inc.), Indenture (Eos Energy Enterprises, Inc.), Indenture (Green Plains Inc.)

Settlement Method. Upon the conversion of any Note, the Company Issuer will settle such conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(1) (a “Physical Settlement”); (y) solely cash as provided in Section 5.03(B)(i)(2) (a “Cash Settlement”); or (z) a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(3) (a “Combination Settlement”).

Appears in 6 contracts

Sources: Indenture (Wolfspeed, Inc.), Indenture (Wolfspeed, Inc.), Indenture (Wolfspeed Texas LLC)

Settlement Method. Upon the conversion of any Note, the Company will settle such conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) shares of Common StockOrdinary Shares, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(1) (a “Physical Settlement”); (y) solely cash as provided in Section 5.03(B)(i)(2) (a “Cash Settlement”); or (z) a combination of cash and shares of Common StockOrdinary Shares, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(3) (a “Combination Settlement”).

Appears in 6 contracts

Sources: Indenture (Nebius Group N.V.), Indenture (Nebius Group N.V.), Indenture (Maxeon Solar Technologies, Ltd.)

Settlement Method. Upon the conversion Conversion of any Note, the Company will settle such conversion Conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) shares of Class A Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(1) (a “Physical Settlement”); (y) solely cash as provided in Section 5.03(B)(i)(2) (a “Cash Settlement”); or (z) a combination of cash and shares of Class A Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(3) (a “Combination Settlement”).

Appears in 5 contracts

Sources: Indenture (Compass, Inc.), Indenture (Voyager Technologies, Inc./De), Indenture (Oscar Health, Inc.)

Settlement Method. Upon the conversion of any Note, the Company will settle such conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(15.03(C)(i)(1) (a “Physical Settlement”); (y) solely cash as provided in Section 5.03(B)(i)(25.03(C)(i)(2) (a “Cash Settlement”); or (z) a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(35.03(C)(i)(3) (a “Combination Settlement”).

Appears in 3 contracts

Sources: Indenture (Super Micro Computer, Inc.), Indenture (Super Micro Computer, Inc.), Indenture (Super Micro Computer, Inc.)

Settlement Method. Upon the conversion of any Note, the Company will settle such conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) shares of Class A Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(1) (a “Physical Settlement”); (y) solely cash as provided in Section 5.03(B)(i)(2) (a “Cash Settlement”); or (z) a combination of cash and shares of Class A Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(3) (a “Combination Settlement”).

Appears in 2 contracts

Sources: Indenture (Bloom Energy Corp), Indenture (Bloom Energy Corp)

Settlement Method. Upon the conversion Conversion of any Note, the Company will settle such conversion Conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) shares of Common Stock, together, if applicable, with cash in lieu of fractional shares shares, as provided in Section 5.03(B)(i)(1) (a “Physical Settlement”); (y) solely cash as provided in Section 5.03(B)(i)(2) (a “Cash Settlement”); or (z) a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares shares, as provided in Section 5.03(B)(i)(3) (a “Combination Settlement”).

Appears in 2 contracts

Sources: First Supplemental Indenture (Cogent Biosciences, Inc.), First Supplemental Indenture (Celcuity Inc.)

Settlement Method. Upon the conversion of any Note, the Company will settle such conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(1) (a “Physical Settlement”); (y) solely cash as provided in Section 5.03(B)(i)(25.03(B)(i)(1) (a “Cash Settlement”); or (z) a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(3) (a “Combination Settlement”).

Appears in 2 contracts

Sources: Indenture (Stem, Inc.), Indenture (Stem, Inc.)

Settlement Method. Upon the conversion of any Note, the Company Pubco will settle such conversion by paying or delivering, as applicable and as provided in this Article 5V, either (x) shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(15.3(b)(1)(A) (a “Physical Settlement”); (y) solely cash as provided in Section 5.03(B)(i)(25.3(b)(1)(B) (a “Cash Settlement”); or (z) a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(35.3(b)(1)(C) (a “Combination Settlement”).

Appears in 2 contracts

Sources: Indenture (ProCap Financial, Inc.), Indenture (ProCap BTC, LLC)

Settlement Method. Upon the conversion of any Note, the Company will settle such conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(15.03.(B)(i)(1) (a “Physical Settlement”); (y) solely cash as provided in Section 5.03(B)(i)(25.03.(B)(i)(2) (a “Cash Settlement”); or (z) a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(35.03.(B)(i)(3) (a “Combination Settlement”).

Appears in 1 contract

Sources: Indenture (Perficient Inc)

Settlement Method. Upon the conversion of any Note, subject to Section 5.10, the Company will settle such conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(1) (a “Physical Settlement”); (y) solely cash as provided in Section 5.03(B)(i)(2) (a “Cash Settlement”); or (z) a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(3) (a “Combination Settlement”).

Appears in 1 contract

Sources: Indenture (BigCommerce Holdings, Inc.)

Settlement Method. Upon the conversion of any Note, the Company will settle such conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(15.03(11)(i)(1) (a “Physical Settlement”); (y) solely cash as provided in Section 5.03(B)(i)(25.03(11)(i)(2) (a “Cash Settlement”); or (z) a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(35.03(11)(i)(3) (a “Combination Settlement”).

Appears in 1 contract

Sources: Indenture (Magnite, Inc.)

Settlement Method. Upon Subject to ‎Section 5.01(D), upon the conversion Exchange of any Note, the Company will settle such conversion Exchange by paying or delivering, as applicable and as provided in this Article ‎Article 5, either (x) shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section ‎Section 5.03(B)(i)(1) (a “Physical Settlement”); (y) solely cash as provided in Section ‎Section 5.03(B)(i)(2) (a “Cash Settlement”); or (z) a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section ‎Section 5.03(B)(i)(3) (a “Combination Settlement”).

Appears in 1 contract

Sources: Indenture (Hertz Corp)

Settlement Method. Upon the conversion of any Note, the Company will settle such conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) shares of Common StockShares, together, if applicable, with cash in lieu of fractional shares Common Shares as provided in Section 5.03(B)(i)(1) (a “Physical Settlement”); (y) solely cash as provided in Section 5.03(B)(i)(2) (a “Cash Settlement”); or (z) a combination of cash and shares of Common StockShares, together, if applicable, with cash in lieu of fractional shares Common Shares as provided in Section 5.03(B)(i)(3) (a “Combination Settlement”); provided, however, that Cash Settlement will apply to each conversion of any Note with a Conversion Date occurring before the Share Settlement Effective Date.

Appears in 1 contract

Sources: Indenture (Inotiv, Inc.)

Settlement Method. Upon the conversion of any Note, the Company will settle such conversion by paying or delivering, as applicable and as provided in this Article ‎Article 5, either (x) shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section ‎Section 5.03(B)(i)(1) (a “Physical Settlement”); (y) solely cash as provided in Section ‎Section 5.03(B)(i)(2) (a “Cash Settlement”); or (z) a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section ‎Section 5.03(B)(i)(3) (a “Combination Settlement”).

Appears in 1 contract

Sources: Indenture (Lucid Group, Inc.)

Settlement Method. Upon the conversion Exchange of any Note, the Company will settle such conversion Exchange by paying or delivering, as applicable and as provided in this Article 5, either (x) shares of Common StockOrdinary Shares, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(1) (a “Physical Settlement”); (y) solely cash as provided in Section 5.03(B)(i)(2) (a “Cash Settlement”); or (z) a combination of cash and shares of Common StockOrdinary Shares, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(3) (a “Combination Settlement”).

Appears in 1 contract

Sources: Indenture (Spotify Technology S.A.)

Settlement Method. Upon the conversion Exchange of any Note, the Company will settle such conversion Exchange by paying or delivering, as applicable and as provided in this Article 5, either (x) shares of Common StockClass A Ordinary Shares, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(1) (a “Physical Settlement”); (y) solely cash as provided in Section 5.03(B)(i)(2) (a “Cash Settlement”); or (z) a combination of cash and shares of Common StockClass A Ordinary Shares, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(3) (a “Combination Settlement”).

Appears in 1 contract

Sources: Indenture (Pagaya Technologies Ltd.)

Settlement Method. Upon the conversion of any Note, the Company will settle such conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) shares of Common StockShares, together, if applicable, with cash in lieu of fractional shares Common Shares as provided in Section 5.03(B)(i)(1) (a “Physical Settlement”); (y) solely cash as provided in Section 5.03(B)(i)(2) (a “Cash Settlement”); or (z) a combination of cash and shares of Common StockShares, together, if applicable, with cash in lieu of fractional shares Common Shares as provided in Section 5.03(B)(i)(3) (a “Combination Settlement”).

Appears in 1 contract

Sources: Indenture (LumiraDx LTD)

Settlement Method. Upon the conversion of any Note, the Company will settle such conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) shares of Common Stock, together, if applicable, with cash in lieu of fractional shares shares, as provided in Section 5.03(B)(i)(1) (a “Physical Settlement”); (y) solely cash as provided in Section 5.03(B)(i)(2) (a “Cash Settlement”); or (z) a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares shares, as provided in Section 5.03(B)(i)(3) (a “Combination Settlement”).

Appears in 1 contract

Sources: Indenture (Lemaitre Vascular Inc)

Settlement Method. Upon the conversion of any Note, the Company will settle such conversion by paying or delivering, as applicable and as provided in this Article 5V, either (x) shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(15.3(b)(1)(A) (a “Physical Settlement”); (y) solely cash as provided in Section 5.03(B)(i)(25.3(b)(1)(B) (a “Cash Settlement”); or (z) a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(35.3(b)(1)(C) (a “Combination Settlement”).

Appears in 1 contract

Sources: Indenture (Trump Media & Technology Group Corp.)

Settlement Method. Upon the conversion of any Note, the Company will settle such conversion by paying or delivering, as applicable and as provided in this Article 5, either (x) shares of Common Stock, together, if applicable, with cash in lieu of fractional shares shares, as provided in Section 5.03(B)(i)(1) (a “Physical Settlement”); (y) solely cash as provided in Section 5.03(B)(i)(2) (a “Cash Settlement”); or (z) a combination of cash and shares of Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(3) (a “Combination Settlement”).

Appears in 1 contract

Sources: Indenture (Virgin Galactic Holdings, Inc)

Settlement Method. Upon the conversion Conversion of any Note, the Company will settle such conversion Conversion by paying or delivering, as applicable and as provided in this Article 5V, either (x) shares of Class A Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(15.03(b)(i)(A) (a “Physical Settlement”); (y) solely cash as provided in Section 5.03(B)(i)(25.03(b)(i)(B) (a “Cash Settlement”); or (z) a combination of cash and shares of Class A Common Stock, together, if applicable, with cash in lieu of fractional shares as provided in Section 5.03(B)(i)(35.03(b)(i)(C) (a “Combination Settlement”).

Appears in 1 contract

Sources: Fourth Supplemental Indenture (Ramaco Resources, Inc.)