Adjustment for Tax Purposes. The Company shall be entitled to make such reductions in the Conversion Price, in addition to those required by Section 4.6, as it in its discretion shall determine to be advisable in order that any stock dividends, subdivisions of shares, distributions of rights to purchase stock or securities or distributions of securities convertible into or exchangeable for stock hereafter made by the Company to its stockholders shall not be taxable.
Appears in 19 contracts
Samples: Indenture (St Mary Land & Exploration Co), Indenture (Brooks Automation Inc), Indenture (Bisys Group Inc)
Adjustment for Tax Purposes. The Company shall be entitled to make such reductions in the Conversion Price, in addition to those required by Section 4.610.06, as it in its discretion shall determine to be advisable in order that any stock dividends, subdivisions subdivision of shares, distributions distribution of rights to purchase stock or securities securities, or distributions of a distribution or securities convertible into or exchangeable for stock hereafter made by the Company to its stockholders shall not be taxable.
Appears in 8 contracts
Samples: Indenture (Kaydon Corp), Indenture (Medicis Pharmaceutical Corp), Indenture (Murco Drilling Corp)
Adjustment for Tax Purposes. The Company shall be entitled to make such reductions in the Conversion Price, in addition to those required by Section 4.6, as it in its discretion shall determine to be advisable in order that any stock dividends, subdivisions of shares, distributions of rights to purchase stock or securities or distributions of securities convertible into or exchangeable for stock hereafter made by the Company to its stockholders shareholders shall not be taxable.
Appears in 7 contracts
Samples: Indenture (Family Golf Centers Inc), Indenture (Beyond Com Corp), Indenture (Boston Chicken Inc)
Adjustment for Tax Purposes. The Company shall be entitled to make such reductions in the Conversion Price, in addition to those required by Section 4.6, as it in its discretion shall determine to be advisable in order that any stock dividends, subdivisions subdivision of shares, distributions distribution of rights to purchase stock or securities securities, or distributions of a distribution or securities convertible into or exchangeable for stock hereafter made by the Company to its stockholders shall not be taxable.
Appears in 7 contracts
Samples: Indenture (Manugistics Group Inc), Indenture (Pinnacle Holdings Inc), Indenture (Waste Connections Inc/De)
Adjustment for Tax Purposes. The Company shall be entitled to make such reductions in the Conversion Warrant Price, in addition to those required by this Section 4.65, as it in its discretion shall determine to be advisable in order that any stock dividends, subdivisions of shares, distributions of rights to purchase stock or securities or distributions of securities convertible into or exchangeable for stock hereafter made by the Company to its stockholders shall not be taxable.
Appears in 5 contracts
Samples: Warrant Agreement (Far East Energy Corp), Warrant Agreement (Far East Energy Corp), Warrant Agreement (Far East Energy Corp)
Adjustment for Tax Purposes. The Company shall be entitled to make such reductions adjustments in the Conversion Price, in addition to those required by Section 4.6709, as it in its discretion shall determine to be advisable in order that any stock dividends, subdivisions of shares, distributions of rights to purchase stock or securities or distributions of securities convertible into or exchangeable for stock hereafter made by the Company to its stockholders shall not be taxabletaxable to the recipient thereof.
Appears in 3 contracts
Samples: Supplemental Indenture (Dte Energy Co), Supplemental Indenture (Dte Energy Co), Supplemental Indenture (Dte Energy Co)
Adjustment for Tax Purposes. The Company shall be entitled to make such reductions adjustments in the Conversion Price, in addition to those required by Section 4.6609, as it in its discretion shall determine to be advisable in order that any stock dividends, subdivisions of shares, distributions of rights to purchase stock or securities or distributions of securities convertible into or exchangeable for stock hereafter made by the Company to its stockholders shall not be taxabletaxable to the recipient thereof.
Appears in 3 contracts
Samples: Supplemental Indenture (Dte Energy Co), Supplemental Indenture (Dte Energy Co), Supplemental Indenture (Dte Energy Co)
Adjustment for Tax Purposes. The Company shall be entitled to make such reductions in the Conversion Price, in addition to those required by Section 4.63.06, as it in its discretion shall determine to be advisable in order that any stock dividends, subdivisions of shares, distributions of rights to purchase stock or securities Securities or distributions of securities Securities convertible into or exchangeable for stock Capital Stock hereafter made by the Company to its stockholders shall not be taxable, provided that such reduction does not have an adverse effect for tax purposes, or otherwise, on holders of the Securities.
Appears in 3 contracts
Samples: Senior Guaranteed Convertible Notes Indenture (Impsat Fiber Networks Inc), Senior Guaranteed Convertible Notes Indenture (Impsat Fiber Networks Inc), Senior Guaranteed Convertible Notes Indenture (Impsat Fiber Networks Inc)
Adjustment for Tax Purposes. The Company Group shall be entitled to make such reductions in the Conversion Price, in addition to those required by Section 4.64(e), as it in its discretion shall determine to be advisable in order that any stock dividends, subdivisions of shares, distributions of rights to purchase stock or securities Notes or distributions of securities Notes convertible into or exchangeable for stock Capital Stock hereafter made by the Company Group to its stockholders shall not be taxable, provided that such reduction does not have an adverse effect for tax purposes, or otherwise, on Holders of the Notes.
Appears in 3 contracts
Samples: Purchase Agreement (Covad Communications Group Inc), Convertible Note (Earthlink Inc), Senior Secured Convertible Note (Covad Communications Group Inc)
Adjustment for Tax Purposes. The Company shall be entitled to make such reductions in the Conversion Price, in addition to those required by Section 4.6, as it in its discretion shall determine to be advisable in order that any stock dividends, subdivisions of shares, distributions of rights to purchase stock or securities or distributions of securities convertible into or exchangeable for stock hereafter made by the Company McDATA to its stockholders shareholders shall not be taxable.
Appears in 2 contracts
Samples: Supplemental Indenture (McData Corp), Supplemental Indenture (McData Corp)
Adjustment for Tax Purposes. The Company shall be entitled to make such reductions in the Conversion Price, in addition to those required by Section 4.6, as it in its discretion shall determine to be advisable in order that any stock dividends, subdivisions of shares, distributions of rights to purchase stock or securities or distributions of securities convertible into or exchangeable for stock hereafter made by the Company to its stockholders shareholders shall not be taxable; provided that no such reduction shall give rise to a right of the Company to optionally redeem the securities pursuant to Section 3.1.
Appears in 2 contracts
Samples: Indenture (Asc Holdings Inc), Indenture (American Skiing Co /Me)
Adjustment for Tax Purposes. The Company shall be entitled to make such reductions decreases in the Conversion Price, in addition to those required by Section 4.64.05, as it in its discretion shall determine to be advisable in order that any stock dividends, subdivisions of shares, distributions of rights to purchase stock or securities or distributions of securities convertible into or exchangeable for stock hereafter made by the Company to its stockholders shall not be taxable.
Appears in 2 contracts
Samples: Indenture (Nova Biosource Fuels, Inc.), Indenture (Nova Biosource Fuels, Inc.)
Adjustment for Tax Purposes. The Company shall be entitled to make such reductions in the Conversion Price, in addition to those required by Section 4.6, as it in its discretion shall determine to be advisable in order that any stock dividends, subdivisions of shares, distributions of rights to purchase stock or securities or distributions of securities convertible into or exchangeable for stock hereafter made by the Company Pioneer to its stockholders shall not be taxable.
Appears in 2 contracts
Samples: First Supplemental Indenture (Pioneer Natural Resources Co), First Supplemental Indenture (Pioneer Natural Resources Co)
Adjustment for Tax Purposes. The Company shall be entitled to make such reductions in the Conversion Price, in addition to those required by Section 4.6, as it in its discretion shall determine to be advisable in order that any stock dividends, subdivisions subdivision of shares, distributions distribution of rights to purchase stock or securities securities, or distributions a distribution of securities convertible into or exchangeable for stock hereafter made by the Company to its stockholders shall not be taxable.
Appears in 2 contracts
Samples: Indenture (Nco Group Inc), Convertible Subordinated Debenture Indenture (Birner Dental Management Services Inc)
Adjustment for Tax Purposes. The Company shall be entitled to make such reductions in the Conversion Price, in addition to those required by Section 4.64.06, as it in its discretion shall determine to be advisable in order that any stock dividends, subdivisions subdivision of shares, distributions distribution of rights to purchase stock or securities securities, or distributions of a distribution or securities convertible into or exchangeable for stock hereafter made by the Company to its stockholders shall not be taxable.
Appears in 2 contracts
Samples: Supplemental Indenture (Natural Microsystems Corp), Supplemental Indenture (Natural Microsystems Corp)
Adjustment for Tax Purposes. The Company shall be entitled to make such reductions in the Conversion Price, in addition to those required by Section 4.612.5, as it the Board of Directors in its discretion shall determine to be advisable in order that any stock dividends, subdivisions of shares, distributions of rights to purchase stock or securities other securities, or distributions of securities convertible into or exchangeable for stock hereafter made by the Company to its stockholders holders of Common Stock shall not be taxabletaxable to such holders.
Appears in 2 contracts
Samples: Indenture (Privatebancorp, Inc), Indenture (Oil States International Inc)
Adjustment for Tax Purposes. The Company shall be entitled to make such reductions in the Conversion Price, in addition to those required by Section 4.64.06, as it in its discretion shall determine to be advisable in order that any stock dividends, subdivisions of shares, distributions of rights to purchase stock or securities Notes or distributions of securities Notes convertible into or exchangeable for stock hereafter made by the Company to its stockholders shall not be taxable, provided that such reduction does not have an adverse effect for tax purposes, or otherwise, on holders of the Notes.
Appears in 1 contract
Adjustment for Tax Purposes. The Company shall be entitled to make such reductions in the Conversion Price, in addition to those required by Section 4.64.07, as it in its discretion shall determine to be advisable in order that any stock dividends, subdivisions of shares, distributions of rights to purchase stock or securities or distributions of securities convertible into or exchangeable for stock hereafter made by the Company to its stockholders shall not be taxable.
Appears in 1 contract
Samples: Indenture (Penney J C Co Inc)
Adjustment for Tax Purposes. The Company shall be entitled to make such reductions in the Conversion Exchange Price, in addition to those required by Section 4.65.05, as it the Company’s Board of Directors in its discretion shall determine to be advisable in order that any stock dividends, subdivisions of shares, distributions of rights to purchase stock or securities other securities, or distributions of securities convertible into or exchangeable for stock hereafter made by the Company Guarantor to its stockholders holders of Common Stock shall not be taxabletaxable to such holders.
Appears in 1 contract
Adjustment for Tax Purposes. The Company shall be entitled to make such reductions in the Conversion Price, in addition to those required by Section 4.610.06, as it in its discretion shall determine to be advisable in order that any stock dividends, subdivisions of shares, distributions of rights to purchase stock or securities or distributions of securities convertible into or exchangeable for stock hereafter made by the Company to its stockholders shall not be taxable.
Appears in 1 contract
Adjustment for Tax Purposes. The Company shall be entitled to make such reductions in the Conversion Price, in addition to those otherwise required by this Section 4.62(f), as it the Company’s Board of Directors in its discretion shall determine to be advisable in order that any stock dividends, subdivisions of shares, distributions distribution of rights to purchase stock or securities securities, or distributions any distribution of securities convertible into or exchangeable for stock hereafter stock, made after the Issuance Date by the Company to its stockholders shall not be taxable.
Appears in 1 contract
Samples: Facility Agreement (Kempharm, Inc)
Adjustment for Tax Purposes. The Company shall be entitled to make such reductions in the Conversion Price, in addition to those required by Section 4.6, as it in its discretion shall determine to be advisable in order that any stock dividends, subdivisions of shares, distributions of rights to purchase stock or securities securities, or distributions distribution of securities convertible into or exchangeable for stock hereafter made by the Company to its stockholders shall not be taxable.
Appears in 1 contract
Samples: Indenture (Sterling Software Inc)
Adjustment for Tax Purposes. The Company shall be entitled to make such reductions in the Conversion Price, in addition to those required by Section 4.65.06, as it in its discretion shall determine to be advisable in order that any stock dividends, subdivisions of shares, distributions of rights to purchase stock or securities or distributions of securities convertible into or exchangeable for stock hereafter made by the Company to its stockholders shall not be taxable.
Appears in 1 contract
Samples: Indenture (Skyworks Solutions Inc)
Adjustment for Tax Purposes. The Company Corporation shall be entitled to make such reductions in the Conversion Price, in addition to those required by the preceding sections of this Section 4.66(c), as it in its discretion shall determine to be advisable in order that any stock dividends, subdivisions of shares, distributions of rights to purchase stock or securities or distributions of securities convertible into or exchangeable for stock hereafter made by the Company Corporation to its stockholders shall not be taxable.
Appears in 1 contract
Adjustment for Tax Purposes. The Company shall be entitled to make such reductions in the Conversion Price, in addition to those required by Section 4.612.06, as it in its discretion shall determine to be advisable in order that any stock dividends, subdivisions subdivision of shares, distributions distribution of rights to purchase stock or securities securities, or distributions of a distribution or securities convertible into or exchangeable for stock hereafter made by the Company to its stockholders shall not be taxable.
Appears in 1 contract
Adjustment for Tax Purposes. The Company shall be entitled to make such reductions in the Conversion Price, in addition to those required by Section 4.612.5, as it the Board of Directors in its discretion shall determine to be advisable in order that any stock dividends, subdivisions of shares, distributions of rights to purchase stock or securities other securities, or distributions of securities convertible into or exchangeable for stock hereafter made by the Company to its stockholders holders of Common Stock shall not be taxable, or to diminish such taxes, to such holders.
Appears in 1 contract
Samples: Indenture (Alesco Financial Inc)
Adjustment for Tax Purposes. The Company shall be entitled to make such reductions in the Conversion Price, in addition to those required by Section 4.67.11, as it in its discretion shall determine to be advisable in order that any stock dividends, subdivisions subdivision of shares, distributions distribution of rights to purchase stock or securities other securities, or distributions a distribution of securities convertible into or exchangeable for stock hereafter made by the Company to its stockholders shall not be taxable.
Appears in 1 contract
Adjustment for Tax Purposes. The Company shall be entitled to make such reductions in the Conversion Price, in addition to those required by Section 4.66.6, as it in its discretion shall determine to be advisable in order that to avoid or diminish any tax to stockholders in connection with any stock dividends, subdivisions of shares, distributions of rights to purchase stock or securities or distributions of securities convertible into or exchangeable for stock hereafter made by the Company to its stockholders shall not be taxablestockholders.
Appears in 1 contract
Samples: Indenture (Rambus Inc)
Adjustment for Tax Purposes. The Company shall be entitled to make such reductions in the Conversion Price, in addition to those required by Section 4.6, as it in its discretion shall determine to be advisable in order that any stock dividends, subdivisions of shares, distributions of rights to purchase stock or securities or distributions of securities convertible into or exchangeable for stock hereafter made by the Company Brocade to its stockholders shareholders shall not be taxable.
Appears in 1 contract
Samples: Second Supplemental Indenture (Brocade Communications Systems Inc)
Adjustment for Tax Purposes. The Company shall be entitled to make such reductions adjustments in the Conversion PriceRate, in addition to those required by Section 4.6, as it in its reasonable discretion shall determine to be advisable in order that any stock dividends, subdivisions of shares, distributions of rights to purchase stock or securities or distributions of securities convertible into or exchangeable for stock hereafter made by the Company to its stockholders shall not be taxable.
Appears in 1 contract
Samples: Indenture (Alza Corp)
Adjustment for Tax Purposes. The Company --------------------------- shall be entitled to make such reductions in the Conversion Price, in addition to those required by Section 4.610.06, as it in its discretion shall determine to be advisable in order that any stock dividends, subdivisions subdivision of shares, distributions distribution of rights to purchase stock or securities securities, or distributions of a distribution or securities convertible into or exchangeable for stock hereafter made by the Company to its stockholders shall not be taxable.
Appears in 1 contract
Adjustment for Tax Purposes. The Company shall be entitled to make such reductions in the Conversion Price, in addition to those required by Section 4.68.5, as it the Board of Directors in its discretion shall determine to be advisable in order that any stock dividends, subdivisions of shares, distributions of rights to purchase stock or securities other securities, or distributions of securities convertible into or exchangeable for stock hereafter made by the Company to its stockholders holders of Common Stock shall not be taxabletaxable to such holders.
Appears in 1 contract
Adjustment for Tax Purposes. The Company shall be entitled to make such reductions in the Conversion PriceRate, in addition to those required by Section 4.61406, as it in its discretion shall determine to be advisable in order that any stock dividends, subdivisions of shares, distributions of rights to purchase stock or securities or distributions of securities convertible into or exchangeable for stock hereafter made by the Company to its stockholders shareholders shall not be taxable.
Appears in 1 contract
Adjustment for Tax Purposes. The Company shall be entitled to make such reductions in the Conversion Exchange Price, in addition to those required by Section 4.610.04, as it in its discretion it shall determine to be advisable in order that any stock dividends, subdivisions of shares, distributions of rights to purchase stock or securities or distributions of securities convertible into or exchangeable for stock hereafter made by the Company PCC to its stockholders shareholders shall not be taxable.
Appears in 1 contract
Adjustment for Tax Purposes. The Company shall be entitled to make such reductions in the Conversion Price, in addition to those required by Section 4.610.05, as it in its discretion shall determine to be advisable in order that any stock dividends, subdivisions subdivision of shares, distributions distribution of rights to purchase stock or securities securities, or distributions of a distribution or securities convertible into or exchangeable for stock hereafter made by the Company to its stockholders shall not be taxable.
Appears in 1 contract
Adjustment for Tax Purposes. The Company shall be entitled to make such reductions in the Conversion Warrant Price, in addition to those required by this Section 4.68, as it in its discretion shall determine to be advisable in order that any stock dividends, subdivisions of shares, distributions of rights to purchase stock or securities or securities, distributions of securities convertible into or exchangeable for stock or similar transactions hereafter made by the Company to its stockholders shall not be taxable.
Appears in 1 contract
Samples: Common Stock Warrant Agreement (Empeiria Acquisition Corp)
Adjustment for Tax Purposes. The Company shall be entitled to make such reductions in the Conversion Price, in addition to those required by Section 4.64.06, as it in its discretion shall determine to be advisable in order that any stock dividends, subdivisions of shares, distributions of rights to purchase stock or securities Notes or distributions of securities Notes convertible into or exchangeable for stock hereafter made by the Company to its stockholders shall not be taxable, PROVIDED that such reduction does not have an adverse effect for tax purposes, or otherwise, on holders of the Notes.
Appears in 1 contract
Adjustment for Tax Purposes. The Company shall be entitled to make such reductions in the Conversion Price, in addition to those required by Section 4.612.06, as it in its discretion shall determine to be advisable in order that any stock dividends, subdivisions subdivision of shares, distributions distribution of rights to purchase stock or securities securities, or distributions of a distribution or securities convertible into or exchangeable for stock hereafter made by the Company to its stockholders shall not be taxabletaxable or shall be diminished.
Appears in 1 contract
Samples: Indenture (Watermark Realty Inc)
Adjustment for Tax Purposes. The Company shall be entitled to make such reductions in the Conversion Price, in addition to those required by Section 4.612.06, as it in its discretion shall determine to be advisable in order that any stock dividends, subdivisions of shares, distributions of rights to purchase stock or securities or distributions of securities convertible into or exchangeable for stock hereafter made by the Company to its stockholders shall not be taxable.
Appears in 1 contract