Common use of Settlement Methods Clause in Contracts

Settlement Methods. Except to the extent otherwise provided in Sections 7.05(f), 7.05(h), 7.06(f) and 7.07 hereof, upon exchange of any Note, the Issuer shall pay or cause the delivery of, as the case may be, to the exchanging Holder, in respect of each $1,000 principal amount of Notes being exchanged, cash (a “Cash Settlement”), Ordinary Shares, together with cash, if applicable, in lieu of any fractional Ordinary Share (a “Physical Settlement”), or a combination of cash and Ordinary Shares, together with cash in lieu of any fractional Ordinary Share (a “Combination Settlement,” and each of Cash Settlement, Physical Settlement and Combination Settlement, a “Settlement Method,” and the obligation to effect such payment and/or delivery, the “Exchange Obligation”), at the election of the Issuer, based on the Settlement Method that applies to the Note and the Exchange Rate in effect on the applicable Exchange Date, in each case, as follows:

Appears in 2 contracts

Sources: Indenture (Jazz Pharmaceuticals PLC), Indenture (Jazz Pharmaceuticals PLC)

Settlement Methods. Except to the extent otherwise provided in Sections 7.05(f), 7.05(h), Section 7.06(f) and 7.07 hereof, upon exchange of any Note, the Issuer shall pay or cause the delivery of, as the case may be, to the exchanging Holder, in respect of each $1,000 principal amount of Notes being exchanged, cash (a “Cash Settlement”), Ordinary Shares, together with cash, if applicable, in lieu of any fractional Ordinary Share Shares (a “Physical Settlement”), or a combination of cash and Ordinary Shares, together with cash in lieu of any fractional Ordinary Share Shares (a “Combination Settlement,” and each of Cash Settlement, Physical Settlement and Combination Settlement, a “Settlement Method,” and the obligation to effect such payment and/or delivery, the “Exchange Obligation”), at the election of the Issuer, based on the Settlement Method that applies to the Note and the Exchange Rate in effect on the applicable Exchange Date, in each case, as follows:

Appears in 1 contract

Sources: Indenture (Horizon Pharma PLC)

Settlement Methods. Except to the extent otherwise provided in Sections 7.05(f), 7.05(h), 7.06(f) and 7.07 hereof, upon exchange of any Note, the Issuer shall pay or cause the delivery of, as the case may be, to the exchanging Holder, in respect of each $1,000 principal amount of Notes being exchanged, cash (a “Cash Settlement”), Ordinary Shares, together with cash, if applicable, in lieu of any fractional Ordinary Share Shares (a “Physical Settlement”), or a combination of cash and Ordinary Shares, together with cash in lieu of any fractional Ordinary Share Shares (a “Combination Settlement,” and each of Cash Settlement, Physical Settlement and Combination Settlement, a “Settlement Method,” and the obligation to effect such payment and/or delivery, the “Exchange Obligation”), at the election of the Issuer, based on the Settlement Method that applies to the Note and the Exchange Rate in effect on the applicable Exchange Date, in each case, as follows:

Appears in 1 contract

Sources: Indenture (Jazz Pharmaceuticals PLC)