This stuff is truly convoluted, which precipitated my aspirin reference. Much of the problem is that the settlement language applies to various scenarios--not just during the Free Conversion Period over the next three months. Nonetheless, IMO this topic is relevant to how shares will trade during the next three months since $920 million ain't chump change. While there are numerous factors that influence the trading price for shares, I suspect redemptions of 2019 notes will tend to operate as a ceiling at $360. My rationale is that note holders are largely institutional convertible note mutual funds that are largely indifferent to Tesla's corporate mission.
My best guesses are:
-If Tesla tells note holders before 12/1/18 that conversions will be redeemed only with cash then that eliminates the fluctuation issue. It would also be consistent with what both the SEC filings and Elon have been stating regarding settlement in cash. (I personally think that cash can be far better deployed in R&D and CapEx for new products development and/or filling the M3 delivery pipelines to international markets and settlement in shares only {even at a higher conversion ratio} while somewhat dilutive is preferable.)
-IMO, a conservative in-house securities attorney would recommend filing an 8k to announce the redemption method as corporate CYA. However,
Tesla Securities Lawyer Heads to Sonder as GC | Corporate Counsel Regardless, I doubt the decision on how the 2019 Notes will be settled during the Early Conversion Period can be kept secret for long