Adjustment Deferral. If an adjustment to the Conversion Rate otherwise required by this Article 6 would result in a change of less than one percent (1%) to the Conversion Rate, then, notwithstanding anything to the contrary in this Article 6, the Company may, at its election by written notice to the Trustee, the Conversion Agent and the Holders, defer such adjustment, except that all such deferred adjustments must be given effect immediately upon the earliest of the following: (i) when all such deferred adjustments would result in a change of at least one percent (1%) to the Conversion Rate; (ii) the Conversion Date of any Note; (iii) the date a Fundamental Change occurs; and (iv) February 1, 2025.
Appears in 2 contracts
Samples: Supplemental Indenture (Tellurian Inc. /De/), Securities Purchase Agreement (Tellurian Inc. /De/)
Adjustment Deferral. If an adjustment to the Conversion Rate otherwise required by this Article 6 5 would result in a change of less than one percent (1%) to the Conversion Rate, then, notwithstanding anything to the contrary in this Article 65, the Company may, at its election by written notice to the Trustee, the Conversion Agent and the Holderselection, defer and carry forward such adjustment, except that all such deferred adjustments must be given effect immediately upon the earliest to occur of the following: (i) when all such deferred adjustments would result in a an aggregate change of at least one percent (1%) to the Conversion Rate; (ii) the Conversion Date of any Note; (iii) the date a Fundamental Change or Make-Whole Fundamental Change occurs; and (iv) February 1, 2025the date the Company calls any Notes for Redemption.
Appears in 2 contracts
Samples: First Supplemental Indenture (Inseego Corp.), Tilray Brands, Inc.
Adjustment Deferral. If an adjustment to the Conversion Rate otherwise required by this Article 6 5 would result in a change of less than one percent (1%) to the Conversion Rate, then, notwithstanding anything to the contrary in this Article 65, the Company may, at its election by written notice to the Trustee, the Conversion Agent and the Holderselection, defer such adjustment, except that all such deferred adjustments must be given effect immediately upon the earliest of the following: (i) when all such deferred adjustments would result in a change of at least one percent (1%) to the Conversion Rate; (ii) the Conversion Date of any Note; (iii) the date a Fundamental Change or Make-Whole Fundamental Change occurs; (iv) the date the Company calls any Notes for Redemption; and (ivv) February June 1, 2025.
Appears in 1 contract
Samples: Indenture (Progenity, Inc.)
Adjustment Deferral. If an adjustment to the Conversion Rate otherwise required by this Article 6 5 would result in a change of less than one percent (1%) to the Conversion Rate, then, notwithstanding anything to the contrary in this Article 65, the Company may, at its election by written notice to the Trustee, the Conversion Agent and the Holderselection, defer such adjustment, except that all such deferred adjustments must be given effect immediately upon the earliest of the following: (i) when all such deferred adjustments would result in a change of at least one percent (1%) to the Conversion Rate; (ii) the Conversion Date any VWAP Trading Day of an Observation Period for any Note; (iii) the date a Fundamental Change or Make-Whole Fundamental Change occurs; (iv) the date the Company calls any Notes for Redemption; and (ivv) February 1December 15, 20252026.
Appears in 1 contract
Samples: Indenture (Beyond Meat, Inc.)
Adjustment Deferral. If an adjustment to the Conversion Rate otherwise required by this Article 6 5 would result in a change of less than one percent (1%) to the Conversion Rate, then, notwithstanding anything to the contrary in this Article 65, the Company may, at its election by written notice to the Trustee, the Conversion Agent and the Holderselection, defer such adjustment, except that all such deferred adjustments must be given effect immediately upon the earliest of the following: (i) when all such deferred adjustments would result in a change of at least one percent (1%) to the Conversion Rate; (ii) on the Conversion Date of, or any VWAP Trading Day of an Observation Period for, any Note; (iii) on the date a Fundamental Change or Make-Whole Fundamental Change occurs; (iv) on the date the Company calls any Notes for Redemption; (iv) on December 1, 2024; and (ivv) February on December 1, 20252047.
Appears in 1 contract
Samples: Indenture (NRG Energy, Inc.)
Adjustment Deferral. If an adjustment to the Conversion Rate otherwise required by this Article 6 Article 5 would result in a change of less than one percent (1%) to the Conversion Rate, then, notwithstanding anything to the contrary in this Article 6Article 5, the Company may, at its election by written notice to the Trustee, the Conversion Agent and the Holderselection, defer such adjustment, except that all such deferred adjustments must be given effect immediately upon the earliest of the following: (i) when all such deferred adjustments would result in a change of at least one percent (1%) to the Conversion Rate; (ii) the Conversion Date of any Note; (iii) the date a Fundamental Change occurs; and (iv) February 1the date the Company calls any Notes for Redemption; and (v) December 19, 20252028.
Appears in 1 contract
Adjustment Deferral. If an adjustment to the Conversion Rate otherwise required by this Article 6 5 would result in a change of less than one percent (1%) to the Conversion Rate, then, notwithstanding anything to the contrary in this Article 65, the Company may, at its election by written notice to the Trustee, the Conversion Agent and the Holders, defer such adjustment, except that all such deferred adjustments must be given effect immediately upon the earliest of the following: (i) when all such deferred adjustments would result in a change of at least one percent (1%) to the Conversion Rate; (ii) the Conversion Date of any Note; (iii) the date a Fundamental Change occurs; and (iv) February 1, 2025.
Appears in 1 contract
Adjustment Deferral. If an adjustment to the Conversion Rate otherwise required by this Article 6 5 would result in a change of less than one percent (1%) to the Conversion Rate, then, notwithstanding anything to the contrary in this Article 65, the Company may, at its election by written notice to the Trustee, the Conversion Agent and the Holderselection, defer such adjustment, except that all such deferred adjustments must be given effect immediately upon the earliest of the following: (i) when all such deferred adjustments would result in a change of at least one percent (1%) to the Conversion Rate; (ii) the Conversion Date any VWAP Trading Day of an Observation Period for, any Note; (iii) the date a Fundamental Change or Make-Whole Fundamental Change occurs; (iv) the date the Company calls any Notes for Redemption; and (ivv) February 1January 15, 20252026.
Appears in 1 contract
Samples: Progress Software Corp /Ma
Adjustment Deferral. If an adjustment to the Conversion Rate otherwise required by this Article 6 5 would result in a change of less than one percent (1%) % to the Conversion Rate, then, notwithstanding anything to the contrary in this Article 65, the Company may, at its election by written notice to the Trustee, the Conversion Agent and the Holderselection, defer such adjustment, except that all such deferred adjustments must be given effect immediately upon the earliest of the following: (i) when all such deferred adjustments would result in a change of at least one percent (1%) % to the Conversion Rate; (ii) the Conversion Date any VWAP Trading Day of an Observation Period for any Note; (iii) the date a Fundamental Change or Make-Whole Fundamental Change occurs; (iv) the date the Company calls any Notes for Redemption; and (ivv) February January 1, 20252026.
Appears in 1 contract
Samples: Indenture (Imax Corp)
Adjustment Deferral. If an adjustment to the Conversion Rate otherwise required by this Article 6 5 would result in a change of less than one percent (1%) to the Conversion Rate, then, notwithstanding anything to the contrary in this Article 65, the Company may, at its election by written notice to the Trustee, the Conversion Agent and the Holderselection, defer such adjustment, except that all such deferred adjustments must be given effect immediately upon the earliest of the following: (i) when all such deferred adjustments would result in a change of at least one percent (1%) to the Conversion Rate; (ii) the Conversion Date any VWAP Trading Day of an Observation Period for, any Note; (iii) the date a Fundamental Change or Make-Whole Fundamental Change occurs; (iv) the date the Company calls any Notes for Redemption; and (ivv) February November 1, 20252029.
Appears in 1 contract
Adjustment Deferral. If an adjustment to the Conversion Rate otherwise required by this Article 6 5 would result in a change of less than one percent (1%) to the Conversion Rate, then, notwithstanding anything to the contrary in this Article 65, the Company may, at its election by written notice to the Trustee, the Conversion Agent and the Holderselection, defer such adjustment, except that all such deferred adjustments must be given effect immediately upon the earliest of the following: (i) when all such deferred adjustments would result in a change of at least one percent (1%) to the Conversion Rate; (ii) the Conversion Date any VWAP Trading Day of an Observation Period for any Note; (iii) the effective date a Fundamental Change or Make-Whole Fundamental Change occurs; (iv) the date the Company calls any Notes for Redemption; and (iv) February May 1, 20252027.
Appears in 1 contract
Samples: Indenture (Shift4 Payments, Inc.)
Adjustment Deferral. If an adjustment to the Conversion Rate otherwise required by this Article 6 5 would result in a change of less than one percent (1%) to the Conversion Rate, then, notwithstanding anything to the contrary in this Article 65, the Company may, at its election by written notice to the Trustee, the Conversion Agent and the Holderselection, defer and carry forward such adjustment, except that all such deferred adjustments must be given effect immediately upon the earliest of the following: (i) when all such deferred adjustments would would, had they not been so deferred and carried forward, result in a change of at least one percent (1%) to the Conversion Rate; (ii) the Conversion Date of any Note; (iii) the date a Fundamental Change or Make-Whole Fundamental Change occurs; (iv) the date the Company calls any Notes for Redemption; and (ivv) February 1June 15, 20252026, in each case, except to the extent such adjustments have already been given effect.
Appears in 1 contract
Samples: Indenture (Nikola Corp)
Adjustment Deferral. If an adjustment to the Conversion Rate otherwise required by this Article 6 5 would result in a change of less than one percent (1%) to the Conversion Rate, then, notwithstanding anything to the contrary in this Article 65, the Company may, at its election by written notice to the Trustee, the Conversion Agent and the Holderselection, defer such adjustment, except that all such deferred adjustments must be given effect immediately upon the earliest of the following: (i) when all such deferred adjustments would result in a change of at least one percent (1%) to the Conversion Rate; (ii) the Conversion Date of any Note; (iii) the date a Fundamental Change occurs; and (iv) February 1the date the Company calls any Notes for Redemption; and (v) December 19, 20252028.
Appears in 1 contract
Adjustment Deferral. If an adjustment to the Conversion Rate otherwise required by this Article 6 5 would result in a change of less than one percent (1%) to the Conversion Rate, then, notwithstanding anything to the contrary in this Article 65, the Company may, at its election by written notice to the Trustee, the Conversion Agent and the Holderselection, defer such adjustment, except that all such deferred adjustments must be given effect immediately upon the earliest of the following: (i) when all such deferred adjustments would result in a change of at least one percent (1%) to the Conversion Rate; (ii) the Conversion Date of any Note; (iii) the date a Fundamental Change or Make-Whole Fundamental Change occurs; (iv) the date the Company calls any Notes for Optional Redemption; and (ivv) February October 1, 20252027.
Appears in 1 contract
Samples: Indenture (Ascendis Pharma a/S)
Adjustment Deferral. If an adjustment to the Conversion Rate otherwise required by this Article 6 5 would result in a change of less than one percent (1%) to the Conversion Rate, then, notwithstanding anything to the contrary in this Article 65, the Company may, at its election by written notice to the Trustee, the Conversion Agent and the Holderselection, defer such adjustment, except that all such deferred adjustments must be given effect immediately upon the earliest of the following: (i) when all such deferred adjustments would result in a change of at least one percent (1%) to the Conversion Rate; (ii) the Conversion Date of any Note; (iii) the date a Fundamental Change or Make-Whole Fundamental Change occurs; and (iv) February June 1, 20252024.
Appears in 1 contract
Samples: Chefs' Warehouse, Inc.