Other Applicable Provisions. If Share Termination Alternative is applicable, the provisions of Sections 9.8, 9.9 and 9.11 (as modified above) of the Equity Definitions and the provisions set forth opposite the caption “Representation and Agreement” in Section 2 will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Share Termination Settled” and all references to “Shares” shall be read as references to “Share Termination Delivery Units”. “Share Termination Settled” in relation to the Transaction means that Share Termination Alternative is applicable to the Transaction.
Appears in 29 contracts
Samples: Letter Agreement (PetIQ, Inc.), Parsons Corp, Progress Software Corp /Ma
Other Applicable Provisions. If Share Termination Alternative is applicable, the provisions of Sections 9.8, 9.9 and 9.11 (as modified above) of the Equity Definitions and the provisions set forth opposite the caption “Representation and Agreement” in Section 2 will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Share Termination Settled” and all references to “Shares” shall be read as references to “Share Termination Delivery Units”. “Share Termination Settled” in relation to the Transaction means that the Share Termination Alternative is applicable to the Transaction.
Appears in 12 contracts
Samples: Letter Agreement (Snap Inc), TransMedics Group, Inc., On Semiconductor Corp
Other Applicable Provisions. If Share Termination Alternative is applicable, the provisions of Sections 9.8, 9.9 and 9.11 (as modified above) of the Equity Definitions and the provisions set forth opposite the caption “Representation and Agreement” in Section 2 will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Share Termination Settled” and all references to “Shares” shall be read as references to “Share Termination Delivery Units”. “Share Termination Settled” in relation to the Transaction means that Share Termination Alternative is applicable to the Transaction.
Appears in 6 contracts
Samples: Letter Agreement (INPHI Corp), Letter Agreement (INPHI Corp), Letter Agreement (INPHI Corp)
Other Applicable Provisions. If Share Termination Alternative is applicable, the provisions of Sections 9.8, 9.9 9.9, 9.11, 9.12 and 9.11 10.5 (as modified above) of the Equity Definitions and the provisions set forth opposite the caption “Representation and Agreement” in Section 2 will be applicable, except that all references in such provisions to “"Physically-settled” " shall be read as references to “"Share Termination Settled” " and all references to “"Shares” " shall be read as references to “"Share Termination Delivery Units”". “"Share Termination Settled” " in relation to the this Transaction means that Share Termination Alternative is applicable to the this Transaction.
Appears in 5 contracts
Samples: Legg Mason Inc, Legg Mason Inc, Legg Mason Inc
Other Applicable Provisions. If Share Termination Alternative is applicable, the provisions of Sections 9.86.6, 9.9 6.7, 6.8, 6.9 and 9.11 6.10 (as modified above) of the Equity Definitions and the provisions set forth opposite the caption “Representation and Agreement” in Section 2 will be applicable, except that all references in such provisions to “Physically-settledSettled” shall be read as references to “Share Termination Settled” and all references to “Shares” shall be read as references to “Share Termination Delivery Units”. “Share Termination Settled” in relation to the Transaction means that Share Termination Alternative is applicable to the Transaction.
Appears in 4 contracts
Samples: Letter Agreement (Textron Inc), Textron Inc, Textron Inc
Other Applicable Provisions. If Share Termination Alternative is applicable, the provisions of Sections 9.8, 9.9 9.9, 9.11, 9.12 and 9.11 10.5 (as modified above) of the Equity Definitions and the provisions set forth opposite the caption “Representation and Agreement” in Section 2 will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Share Termination Settled” and all references to “Shares” shall be read as references to “Share Termination Delivery Units”. “Share Termination Settled” in relation to the this Transaction means that Share Termination Alternative is applicable to the this Transaction.
Appears in 3 contracts
Samples: Letter Agreement (Nuvasive Inc), Nuvasive Inc, Tyson Foods Inc
Other Applicable Provisions. If Share Termination Alternative is applicable, the provisions of Sections 9.8, 9.9 and 9.11 (as modified above) of the Equity Definitions and the provisions set forth opposite the caption “Representation and Agreement” in Section 2 will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Share Termination Settled” and all references to “Shares” shall be read as references to “Share Termination Delivery Units”. .” “Share Termination Settled” in relation to the Transaction means that the Share Termination Alternative is applicable to the Transaction.
Appears in 1 contract
Samples: Atlas Air Worldwide Holdings Inc
Other Applicable Provisions. If Share Termination Alternative is applicable, the provisions of Sections 9.8, 9.9 and 9.11 (as modified above) of the Equity Definitions and the provisions set forth opposite the caption “Representation and Agreement” in Section 2 2 will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Share Termination Settled” and all references to “Shares” shall be read as references to “Share Termination Delivery Units”. “Share Termination Settled” in relation to the Transaction means that the Share Termination Alternative is applicable to the Transaction.
Appears in 1 contract
Samples: Letter Agreement (Novavax Inc)
Other Applicable Provisions. If Share Termination Alternative is applicable, the provisions of Sections 9.8, 9.9 9.9, 9.11, 9.12 and 9.11 10.5 (as modified above) of the Equity Definitions and the provisions set forth opposite the caption “Representation and Agreement” in Section 2 will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Share Termination Settled” and all references to “Shares” shall be read as references to “Share Termination Delivery Units”. “Share Termination Settled” in relation to the Transaction means that the Share Termination Alternative is applicable to the Transaction.
Appears in 1 contract
Samples: Letter Agreement (Tower Group, Inc.)
Other Applicable Provisions. If Share Termination Alternative is applicable, the provisions of Sections 9.8, 9.9 and 9.11 (as modified above) of the Equity Definitions and the provisions set forth opposite the caption “Representation and Agreement” in Section 2 will be applicable, except that all references in such provisions to “Physically-Physically- settled” shall be read as references to “Share Termination Settled” and all references to “Shares” shall be read as references to “Share Termination Delivery Units”. “Share Termination Settled” in relation to the Transaction means that Share Termination Alternative is applicable to the Transaction.. (n)
Appears in 1 contract
Samples: Progress Software Corp /Ma
Other Applicable Provisions. If Share Termination Alternative is applicable, the provisions of Sections 9.8, 9.9 9.9, 9.11 and 9.11 9.12 (as modified above) of the Equity Definitions and the provisions set forth opposite the caption “Representation and Agreement” in Section 2 will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Share Termination Settled” and all references to “Shares” shall be read as references to “Share Termination Delivery Units”. “Share Termination Settled” in relation to the Transaction means that Share Termination Alternative is applicable to the Transaction.
Appears in 1 contract
Samples: Q2 Holdings, Inc.
Other Applicable Provisions. If Share Termination Alternative is applicable, the provisions of Sections 9.8, 9.9 9.11 and 9.11 9.12 (as modified above) of the Equity Definitions and the provisions set forth opposite the caption “Representation and Agreement” in Section 2 will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Share Termination Settled” and all references to “Shares” shall be read as references to “Share Termination Delivery Units”. “Share Termination Settled” in relation to the Transaction means that Share Termination Alternative is applicable to the Transaction.
Appears in 1 contract
Samples: Q2 Holdings, Inc.