Common use of Early Settlement Clause in Contracts

Early Settlement. (a) Subject to and upon compliance with the provisions of this Section 4.06, prior to the close of business on the second Scheduled Trading Day immediately preceding the Scheduled Mandatory Settlement Date, a Holder may elect to settle its Purchase Contracts early, in whole or in part, at the Early Settlement Rate (“Early Settlement Right”).

Appears in 14 contracts

Samples: Purchase Contract Agreement (BrightSpring Health Services, Inc.), Purchase Contract Agreement (BrightSpring Health Services, Inc.), Purchase Contract Agreement (BrightSpring Health Services, Inc.)

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Early Settlement. (a) Subject to and upon compliance with the provisions of this Section 4.065.04, on any Trading Day prior to the close of business on the second Scheduled Trading third Business Day immediately preceding the Scheduled Mandatory Settlement Date, a Holder may elect to settle its Purchase Contracts earlyearly (“Early Settlement”), in whole or in part, and receive shares of Common Stock, at the Early Settlement Rate (“Early Settlement Right”)Rate, subject to adjustment as described in Section 5.01.

Appears in 2 contracts

Samples: Purchase Contract Agreement (Wintrust Financial Corp), Purchase Contract Agreement (Synovus Financial Corp)

Early Settlement. (a) Subject to and upon compliance with the provisions of this Section 4.064.04, at any time, prior to the close of business on the second third Scheduled Trading Day immediately preceding the Scheduled Mandatory Settlement Date, a Holder may elect to settle its Purchase Contracts earlyearly (“Early Settlement”), in whole or in part, at in which case the Company will deliver a number of shares of Common Stock per Purchase Contract equal to the Early Settlement Rate (“Early Settlement Right”)Rate.

Appears in 2 contracts

Samples: Purchase Contract Agreement (William Lyon Homes), Purchase Contract Agreement (Thompson Creek Metals CO Inc.)

Early Settlement. (a) Subject to and upon compliance with the provisions of this Section 4.065.04, on any Trading Day prior to the close of business on the second Scheduled Trading third Business Day immediately preceding the Scheduled Mandatory Settlement Date, a Holder may elect to settle its Purchase Contracts early, in whole or in part, part (“Early Settlement”) at the Early Settlement Rate (“Early Settlement Right”)Rate.

Appears in 2 contracts

Samples: Purchase Contract Agreement (Beazer Homes Usa Inc), Purchase Contract Agreement (Citigroup Inc)

Early Settlement. (a) Subject to and upon compliance with the provisions of this Section 4.065.04, on any Trading Day prior to the close of business on the second third Scheduled Trading Day immediately preceding the Scheduled Mandatory Settlement Date[ ], 2014, a Holder may elect to settle its Purchase Contracts early, in whole or in part, part (“Early Settlement”) and receive shares of Common Stock at the Early Settlement Rate (“Early Settlement Right”)Rate.

Appears in 1 contract

Samples: Purchase Contract Agreement (Ally Financial Inc.)

Early Settlement. (a) Subject to and upon compliance with the provisions of this Section 4.06, on any Trading Day prior to the close of business on the second third Scheduled Trading Day immediately preceding the Scheduled Mandatory Settlement Date, the Holder of a Holder Unit or Separate Purchase Contract may elect to settle its Purchase Contracts early, in whole or in part, and receive a number of shares of Class A Common Stock per Purchase Contract at the Early Settlement Rate (“Early Settlement Right”).

Appears in 1 contract

Samples: Purchase Contract Agreement (Genesee & Wyoming Inc)

Early Settlement. (a) Subject to and upon compliance with the provisions of this Section 4.06, on any Trading Day prior to the close of business on the second third Scheduled Trading Day immediately preceding the Scheduled Mandatory Settlement Date, a Holder may elect to settle its Purchase Contracts early, in whole or in part, at the Early Settlement Rate (“Early Settlement Right”).

Appears in 1 contract

Samples: Purchase Contract Agreement (Hovnanian Enterprises Inc)

Early Settlement. (a) Subject to and upon compliance with the provisions of this Section 4.064.04, prior to at any time during the close of business on period beginning on, and including, the second Scheduled Trading Day immediately following the Issue Dateto, but excluding, the third Trading Day immediately preceding the Scheduled Mandatory Settlement Date, a Holder may elect to settle its Purchase Contracts early, in whole or in part, part (an “Early Settlement”) at the Early Settlement Rate (“Early Settlement Right”)per Purchase Contract or Unit, as applicable.

Appears in 1 contract

Samples: Purchase Contract Agreement (Beazer Homes Usa Inc)

Early Settlement. (a) Subject to and upon compliance with the provisions of this Section 4.06, on any Trading Day prior to the close of business on the second 33rd Scheduled Trading Day immediately preceding the Scheduled Mandatory Settlement Date, the Holder of a Holder Unit or Separate Purchase Contract may elect to settle its Purchase Contracts early, in whole or in part, at and receive a number of WGP Common Units per Purchase Contract equal to the Early Settlement Rate as of the Early Settlement Date (“Early Settlement Right”), subject to Section 4.06(i).

Appears in 1 contract

Samples: Purchase Contract Agreement (Anadarko Petroleum Corp)

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Early Settlement. (a) Subject to and upon compliance with the provisions of this Section 4.06, on any Trading Day prior to the close of business on the second third Scheduled Trading Day immediately preceding the Scheduled Mandatory Settlement Date, a the Holder of Units or Separate Purchase Contracts may elect to settle its Purchase Contracts early, in whole or in part, and receive a number of shares of Common Stock per Purchase Contract at the Early Settlement Rate (“Early Settlement Right”).

Appears in 1 contract

Samples: Purchase Contract Agreement (Kindred Healthcare, Inc)

Early Settlement. (a) Subject to and upon compliance with the provisions of this Section 4.065.04, on any Trading Day prior to the close of business on the second Scheduled Trading third Business Day immediately preceding the Scheduled Mandatory Settlement Date, a Holder may elect to settle its Purchase Contracts early, in whole or in part, at the Early Settlement Rate part (“Early Settlement RightSettlement”).

Appears in 1 contract

Samples: Purchase Contract Agreement (Citigroup Inc)

Early Settlement. (a) Subject to and upon compliance with the provisions of this Section 4.06, prior to the close of business on the second third Scheduled Trading Day immediately preceding the Scheduled Mandatory Settlement Date, a Holder may elect to settle its Purchase Contracts early, in whole or in part, at the Early Settlement Rate (“Early Settlement Right”).

Appears in 1 contract

Samples: Purchase Contract Agreement (Tyson Foods Inc)

Early Settlement. (a) Subject to and upon compliance with the provisions of this Section 4.06, prior to the close of business on the second Scheduled Trading Day immediately preceding the Scheduled Mandatory Settlement DateAugust 16, 2023, a Holder of 48,000 Units (or any integral multiple thereof) or a Holder of Separate Purchase Contracts, may elect to settle its Purchase Contracts early, in whole or in part, early at the Early Settlement Rate (“Early Settlement Right”).

Appears in 1 contract

Samples: Purchase Contract and Unit Agreement (PG&E Corp)

Early Settlement. (a) Subject to and upon compliance with the provisions of this Section 4.065.04, on any Trading Day prior to the close of business on the second Scheduled Trading third Business Day immediately preceding the Scheduled Mandatory Settlement Date, a Holder may elect to settle its Purchase Contracts earlyearly (“Early Settlement”), in whole or in part, and receive shares of Common Stock, at the Early Settlement Rate (“Early Settlement Right”)Rate, subject to adjustment as described in Section 5.01.

Appears in 1 contract

Samples: Purchase Contract Agreement (Banc of California, Inc.)

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