Common use of Additional Adjustments Clause in Contracts

Additional Adjustments. (a) The Company may, in its sole discretion, increase the Conversion Rate as its Board of Directors deems advisable to avoid or diminish any income tax to Holders of its Common Stock resulting from any dividend or distribution of Capital Stock issuable upon conversion of the Notes (or rights to acquire Capital Stock) or from any event treated as such for income tax purposes.

Appears in 2 contracts

Samples: Great Atlantic & Pacific Tea Co Inc, Great Atlantic & Pacific Tea Co Inc

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Additional Adjustments. (ah) The Company may, in its sole discretion, increase the Conversion Rate as its the Board of Directors deems advisable to avoid or diminish any income tax to Holders of its Common Stock the Securities resulting from any dividend or distribution of Capital Stock issuable upon conversion of the Notes Securities (or rights to acquire Capital Stock) or from any event treated as such for income tax purposes.

Appears in 1 contract

Samples: Indenture (American Realty Capital Properties, Inc.)

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Additional Adjustments. (a) The Company may, in its sole discretion, increase the Conversion Rate as its the Board of Directors deems advisable to avoid or diminish any income tax to Holders of its Common Stock the Securities resulting from any dividend or distribution of Capital Stock issuable upon conversion of the Notes Securities (or rights to acquire Capital Stock) or from any event treated as such for income tax purposes.

Appears in 1 contract

Samples: Indenture (CapLease, Inc.)

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