Additional Conversion Price Adjustments. The Company may make such reductions in the Conversion Price, in addition to those required by Section 4.2, as it considers to be advisable to avoid or diminish any income tax to holders of Common Shares or rights to purchase Common Shares resulting from any dividend or distribution of stock (or rights to acquire stock) or from any event treated as such for income tax purposes. The Company from time to time may reduce the Conversion Price by any amount for any period of time if the period is at least 20 days, the reduction is irrevocable during the period and the Board of Directors of the Company shall have made a determination that such reduction would be in the best interest of the Company, which determination shall be conclusive. Whenever the Conversion Price is reduced pursuant to the preceding sentence, the Company shall mail to the Holder a notice of the reduction at least 15 days prior to the date the reduced Conversion Price takes effect, and such notice shall state the reduced Conversion Price and the period it will be in effect.
Additional Conversion Price Adjustments. (a) In addition to any adjustments to the Conversion Price required to be made pursuant to Section 15.5, the Conversion Price (1) shall be adjusted on the date which is the earlier of (A) the date by which the Company is required to have had the Shelf Registration Statement declared effective by the Securities and Exchange Commission or be subject to Liquidated Damages under the Registration Rights Agreement or (B) two calendar days after the date on which the Commission declares effective the Shelf Registration Statement (the earlier of such date, the "Registration Date"), if the Current Market Price on the Registration Date is less than the Conversion Price otherwise in effect on the Registration Date, to the greater of such Current Market Price or 75% of the Benchmark Price (as defined below) and (2) shall be adjusted on August 23, 2002 (the "August 23, 2002 Date" and, together with the Registration Date, the "Adjustment Date"), if the Current Market Price on the August 23, 2002 Date is less than the Conversion Price otherwise in effect on the August 23, 2002 Date, to the greater of such Current Market Price or 75% of the Benchmark Price; provided, however, that in no event shall the Conversion Price be increased by any such adjustment. For purposes of this Section 15.11, the "
Additional Conversion Price Adjustments. If Obligor shall (i) pay a dividend or make a distribution in shares of capital stock (whether shares of Series A Common Stock or capital stock of any other class), (ii) effect a stock split or subdivide the outstanding Series A Common Stock, (iii) effect a reverse stock split or combine the outstanding Series A Common Stock into a smaller number of shares or (iv) effect any other reclassification or recapitalization, then the number and types of shares of capital stock into which this Note is convertible and the Conversion Price in effect immediately prior thereto shall be adjusted so that upon the subsequent conversion of this Note the Holder hereof shall be entitled to receive the number and type of shares of capital stock of Obligor that the Holder would have owned or have been entitled to receive after the happening of any of the events described above had this Note been converted immediately prior to the happening of such event. An adjustment made pursuant to this paragraph shall become effective immediately after the record date for any event requiring such adjustment or shall become effective immediately after the effective date of such event if no record date is set.
Additional Conversion Price Adjustments. The Company from time to time may reduce the Conversion Price by any amount for any period of time if the period is at least 20 days, the reduction is irrevocable during the period and the Board of Directors of the Company shall have made a determination that such reduction would be in the best interest of the Company, which determination shall be conclusive. Whenever the Conversion Price is reduced pursuant to the preceding sentence, the Company shall deliver to the Holder a notice of the reduction at least 15 days prior to the date the reduced Conversion Price takes effect, and such notice shall state the reduced Conversion Price and the period it will be in effect.
Additional Conversion Price Adjustments. The Issuer may make such reductions in the Conversion Price, in addition to those required by this Article 4, as it considers to be advisable to avoid or diminish any income tax to holders of common shares or rights to purchase common shares resulting from any dividend or distribution of stock (or rights to acquire stock) or from any event treated as such for income tax purposes. The Issuer from time to time may reduce the Conversion Price by any amount for any period of time if the period is at least 20 days, the reduction is irrevocable during the period and the Board of Directors of the Issuer shall have made a determination that such reduction would be in the best interest of the Issuer, which determination shall be conclusive. Whenever the Conversion Price is reduced pursuant to the preceding sentence, the Issuer shall mail to the Holders a notice of the reduction at least 15 days prior to the date the reduced Conversion Price takes effect, and such notice shall state the reduced Conversion Price and the period it will be in effect.
