Cash Settlement Notice Period definition

Cash Settlement Notice Period has the meaning specified in Section 14.03(a).

Cash Settlement Notice Period has the meaning specified in Section 15.03(a).

Cash Settlement Notice Period means, in respect of any New Note tendered for conversion, the five Business Day period following receipt of a Noteholder’s Notice of Conversion.

Examples of Cash Settlement Notice Period in a sentence

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• If the Company timely elects to pay cash for any portion of the shares otherwise issuable to such holder, the conversion notice may be retracted by the holder at any time during the two Business Day period beginning on the day after the final day of the Cash Settlement Notice Period (“Conversion Retraction Period”); no such retraction can be made (and a conversion notice shall be irrevocable) if the Company does not elect to deliver cash in lieu of shares (other than cash in lieu of fractional shares).

• If the Company elects to pay cash for any portion of the shares otherwise issuable to the Holder, the Holder may retract the conversion notice at any time during the two Business Day period beginning on the day after the final day of the Cash Settlement Notice Period (a "Conversion Retraction Period"); no such retraction can be made (and a conversion notice shall be irrevocable) if the Company does not elect to deliver cash in lieu of shares (other than cash in lieu of fractional shares).

• Upon such election, the Company will notify such Holder through the Trustee of the dollar amount to be satisfied in cash (which must be expressed either as 100% of the Conversion Obligation or as a fixed dollar amount) at any time on or before the date that is two Business Days following the Company's receipt of such Holder's Notice of Conversion as specified in Section 4.2 (such period, the "Cash Settlement Notice Period").

• If the Company timely elects to pay cash for any portion of the shares otherwise issuable to such holder, the conversion notice may be retracted by the holder at any time during the two Business Day period beginning on the day after the final day of the Cash Settlement Notice Period (the “Conversion Retraction Period”); no such retraction can be made (and a conversion notice shall be irrevocable) if the Company does not elect to deliver cash in lieu of shares (other than cash in lieu of fractional shares).

More Definitions of Cash Settlement Notice Period

Cash Settlement Notice Period has the meaning set forth in Section 12.13(a).

Cash Settlement Notice Period shall have the meaning set forth in Section 11.03(a).

Cash Settlement Notice Period has the meaning set forth in Section 9.17.

Cash Settlement Notice Period has the meaning specified in Section 14.03.

Cash Settlement Notice Period has the meaning set forth in Section 9.16. A "Change in Control" shall be deemed to have occurred at such time after the original issuance of the Notes as any of the following occurs: (a) a "person" or "group" within the meaning of Section 13(d) of the Exchange Act, other than the Company, any Subsidiary of the Company, any employee benefit plan of any such Subsidiary or Xx. Xxxx Xxxxxxxx and Xx. Xxxx Xxxxxxx, files a Schedule TO (or any other schedule, form or report under the Exchange Act) disclosing that such Person or group has become the direct or indirect ultimate Beneficial Owner of Common Equity of the Company representing more than 50% of the voting power of the Company's Common Equity; (b) consummation of any share exchange, consolidation or merger of the Company pursuant to which the Common Stock will be converted into cash, securities or other property or any sale, lease or other transfer (in one transaction or a series of transactions) of all or substantially all of the consolidated assets of the Company and its Subsidiaries, taken as a whole, to any Person (other than the Company or one or more of the Company's Subsidiaries); provided, however, that a transaction where the holders of the Company's Common Equity immediately prior to such transaction own, directly or indirectly, more than 50% of the aggregate voting power of all classes of Common Equity of the continuing or surviving corporation or transferee immediately after such event shall not be a Change in Control; or (c) Continuing Directors cease to constitute at least a majority of the Board of Directors; provided, however, that a Change in Control shall not be deemed to have occurred in respect of any of the foregoing if either (i) the Last Reported Sale Price per share of Common Stock for any five Trading Days within the period of 10 consecutive Trading Days ending immediately before the later of the Change in Control or the public announcement thereof shall equal or exceed 105% of the Conversion Price of the Notes in effect immediately before the Change in Control or the public announcement thereof; or (ii) at least 90% of the consideration (excluding cash payments for fractional shares) in the transaction or transactions constituting the Change in Control consists of shares of capital stock traded on a national securities exchange or quoted on the NASDAQ National Market (or which shall be so traded or quoted when issued or exchanged in connection with such Change in Control) (such ...

Cash Settlement Notice Period has the meaning set forth in Section 12.2(g).

Cash Settlement Notice Period has the meaning specified in Section 16.12.