Common use of Settlement of Cash Make Clause in Contracts

Settlement of Cash Make. Whole Fundamental Changes. For the avoidance of doubt, if holders of Common Stock receive solely cash in a Make-Whole Fundamental Change, then, pursuant to Section 5.09, conversions of Notes will thereafter be settled no later than the third (3rd) Business Day after the relevant Conversion Date.

Appears in 2 contracts

Samples: Indenture (Innoviva, Inc.), Indenture (Retrophin, Inc.)

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Settlement of Cash Make. Whole Fundamental Changes. For the avoidance of doubt, if holders of Common Stock receive solely cash in a Make-Whole Fundamental Change, then, pursuant to Section 5.09, conversions of Notes will thereafter be settled no later than the third second (3rd2nd) Business Day after the relevant Conversion Date.

Appears in 2 contracts

Samples: Indenture (Cracker Barrel Old Country Store, Inc), First Supplemental Indenture (Inseego Corp.)

Settlement of Cash Make. Whole Fundamental Changes. For the avoidance of doubt, if holders of Common Stock receive solely cash in a Make-Whole Fundamental Change, then, pursuant to Section ‎Section 5.09, conversions of Notes will thereafter be settled no later than the third (3rd) Business Day after the relevant Conversion Date.

Appears in 1 contract

Samples: Indenture (Verastem, Inc.)

Settlement of Cash Make. Whole Fundamental Changes. For the avoidance of doubt, if holders of Common Stock receive solely cash in a Make-Whole Fundamental Change, then, pursuant to Section 5.095.08, conversions of Notes will thereafter be settled no later than the third (3rd) Business Day after the relevant Conversion Date.

Appears in 1 contract

Samples: Indenture (Gastar Exploration Inc.)

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Settlement of Cash Make. Whole Fundamental Changes. For the avoidance of doubt, if holders of Common Stock receive solely cash in a Make-Whole Fundamental Change, then, pursuant to Section 5.095.08, conversions of Notes will thereafter be settled no later than the third second (3rd2nd) Business Day after the relevant Conversion Date.

Appears in 1 contract

Samples: Indenture (Guess Inc)

Settlement of Cash Make. Whole Fundamental Changes. For the avoidance of doubt, if holders of Common Stock Ordinary Shares receive solely cash in a Make-Whole Fundamental Change, then, pursuant to Section 5.09, conversions of Notes will thereafter be settled no later than the third second (3rd2nd) Business Day after the relevant Conversion Date.

Appears in 1 contract

Samples: www.amrytpharma.com

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