Physical Settlement definition
Examples of Physical Settlement in a sentence
If an Acceleration Event occurs after Counterparty has designated a Settlement Date to which Physical Settlement applies but before the relevant Settlement Shares have been delivered to Dealer, then Dealer shall have the right to cancel such Settlement Date and designate a Termination Settlement Date in respect of such Shares pursuant to the first sentence hereof.
For the avoidance of doubt, the announcement of such merger, acquisition, or similar transaction shall not give either party the right to designate a Termination Settlement Date and/or to accelerate or preclude an election by Counterparty of Physical Settlement, unless such event is also an Acceleration Event.
Notwithstanding anything herein to the contrary, solely in connection with a Staggered Settlement Date, Dealer shall be entitled to deliver Shares to Counterparty from time to time prior to the date on which Dealer would be obligated to deliver them to Counterparty pursuant to the Physical Settlement terms set forth above, and Counterparty agrees to credit all such early deliveries against Dealer’s obligations hereunder in the direct order in which such obligations arise.
To the extent necessary to satisfy its obligations under this Indenture, prior to issuing any shares of Common Stock, the Company will reserve out of its authorized but unissued shares of Common Stock a sufficient number of shares of Common Stock to permit the conversion of the Notes, assuming Physical Settlement applies to all Notes.
For the avoidance of doubt, for any Settlement Method Election, Counterparty may elect Cash Settlement with respect to all or any portion of the Daily Number of Shares and/or Physical Settlement with respect to all or any portion of the Daily Number of Shares (subject to limitations set forth in the second immediately preceding paragraph).