Early Settlement Rate definition

Early Settlement Rate has the meaning specified in Section 5.9(b).

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Early Settlement Rate means, for any Purchase Contract in respect of which Early Settlement is applicable, the Minimum Settlement Rate in effect on the Early Settlement Date, unless the Holder of such Purchase Contract has elected to settle such Purchase Contract early in connection with a Fundamental Change pursuant to Section 4.07, in which case the “Early Settlement Rate” for such Purchase Contract means the Fundamental Change Early Settlement Rate.

Early Settlement Rate for each Purchase Contract means the Minimum Settlement Rate in effect immediately prior to Close of Business on the Early Settlement Exercise Date, unless the Holder elects to settle such Purchase Contract in connection with a Fundamental Change, in which case such Holder shall receive upon settlement of such Purchase Contract a number of shares of Common Stock (or, if applicable, Reference Property) based on the Fundamental Change Early Settlement Rate in effect immediately prior to Close of Business on the Early Settlement Exercise Date.

Examples of Early Settlement Rate in a sentence

• The Early Settlement Rate shall be adjusted in the same manner and at the same time as the Settlement Rate is adjusted.

• The Early Settlement Rate shall be adjusted in the same manner and at the same time as the Settlement Rate is adjusted as provided in the Purchase Contract Agreement.

• The Early Settlement Rate shall be adjusted in the same manner and at the same time as the Settlement Rate is adjusted pursuant to Section 5.04.

• Each Purchase Contract evidenced hereby, which is settled either through Early Settlement or Fundamental Change Early Settlement, shall obligate the Holder of the related Corporate Units to purchase at the applicable Purchase Price, and the Company to sell, a number of newly-issued shares of Common Stock equal to the Early Settlement Rate or the applicable Settlement Rate, as applicable.

• Each Purchase Contract evidenced hereby, which is settled either through Early Settlement or Fundamental Change Early Settlement, shall obligate the Holder of the related Treasury Units to purchase at the applicable Purchase Price, and the Company to sell, a number of newly-issued shares of Common Stock equal to the Early Settlement Rate or the applicable Settlement Rate, as applicable.

More Definitions of Early Settlement Rate

Early Settlement Rate has the meaning specified in Section 509(b).

Early Settlement Rate has the meaning set forth in Section 5.08(b).

Early Settlement Rate has the meaning set forth in Section 511.

Early Settlement Rate is either the First Early Settlement Rate or the Second Early Settlement Rate, as applicable.

Early Settlement Rate means, as of a given time, the Minimum Settlement Rate in effect at such time.

Early Settlement Rate means, for any Purchase Contract in respect of which Early Settlement is applicable, (i) if the Holder settles Purchase Contracts prior to the close of business on September 4, 2020, 95% of the Minimum Settlement Rate on the Early Settlement Date, and (ii) if the Holder settles Purchase Contracts commencing on September 4, 2020, the Minimum Settlement Rate on the Early Settlement Date. Notwithstanding the foregoing, if the Holder of such Purchase Contract has elected to settle such Purchase Contract early in connection with a Fundamental Change pursuant to Section 4.07, the “Early Settlement Rate” for such Purchase Contract means the Fundamental Change Early Settlement Rate.

Early Settlement Rate means, for any Purchase Contract in respect of which Early Settlement is applicable, the Minimum Settlement Rate on the Early Settlement Date, unless (i) the Holder of such Purchase Contract has elected to settle such Purchase Contract early in connection with a Fundamental Change pursuant to Section 4.07, in which case the “Early Settlement Rate” for such Purchase Contract means the Fundamental Change Early Settlement Rate, subject to adjustment as described in Section 5.01, (ii) the Holder of such Purchase Contract has elected to settle such Purchase Contract early with an Early Settlement Date that occurs on or prior to January 15, 2020 (other than, for the avoidance of doubt, any such election in connection with a Fundamental Change), in which case the Holder will receive upon settlement of such Purchase Contract a number of shares of Common Stock per Purchase Contract equal to 90% of the Minimum Settlement Rate on the Early Settlement Date; or (iii) the Holder of such Purchase Contract has elected to settle such Purchase Contract early with an Early Settlement Date that occurs after January 15, 2020 and on or prior to January 15, 2021 (other than, for the avoidance of doubt, any such election in connection with a Fundamental Change), in which case the Holder will receive upon settlement of such Purchase Contract a number of shares of Common Stock per Purchase Contract equal to 95% of the Minimum Settlement Rate on the Early Settlement Date, subject to adjustment as described in Section 5.01.