Note Agent means any Registrar, Paying Agent or Conversion Agent.
Notes means the 6.50% Green Convertible Senior Notes due 2025 issued by the Company pursuant to this Indenture.
Observation Period means, with respect to any Note to be converted, (A) subject to clause (B) below, if the Conversion Date for such Note occurs on or before the sixty fifth (65th) Scheduled Trading Day immediately before the Maturity Date, the sixty (60) consecutive VWAP Trading Days beginning on, and including, the third (3rd) VWAP Trading Day immediately after such Conversion Date; (B) if such Conversion Date occurs on or after the date the Company has sent a Redemption Notice calling all or any Notes for Provisional Redemption or Tax Redemption pursuant to Section 4.03(G) and before the related Redemption Date, the sixty (60) consecutive VWAP Trading Days beginning on, and including, the sixty first (61st) Scheduled Trading Day immediately before such Redemption Date; and (C) subject to clause (B) above, if such Conversion Date occurs after the sixty fifth (65th) Scheduled Trading Day immediately before the Maturity Date, the sixty (60) consecutive VWAP Trading Days beginning on, and including, the sixty first (61st) Scheduled Trading Day immediately before the Maturity Date.
Offering Memorandum means the Companys preliminary offering memorandum relating to the offering of the Notes, dated July 9, 2020, as supplemented by the related pricing term sheet, dated July 9, 2020.
Officer means the any member of the Board of Directors, the Chief Executive Officer, the President, the Chief Operating Officer, the Chief Financial Officer, the Treasurer, any Assistant Treasurer, the Controller, the Secretary or any Vice-President of the Company.
Officers Certificate means a certificate that is signed on behalf of the Company by one (1) of its Officers and that meets the requirements of Section 11.03.
Open of Business means 9:00 a.m., New York City time.
Opinion of Counsel means an opinion, from legal counsel (including an employee of, or counsel to, the Company or any of its Subsidiaries) reasonably acceptable to the Trustee, that meets the requirements of Section 11.03, subject to customary qualifications and exclusions.
Ordinary Shares means the ordinary shares, no par value per share, of the Company, subject to Section 5.09.
Person or person means any individual, corporation, partnership, limited liability company, joint venture, association, joint-stock company, trust, unincorporated organization or government or other agency or political subdivision thereof. Any division or series of a limited liability company, limited partnership or trust will constitute a separate person under this Indenture.
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