Common use of Adjustment of Conversion Rate Clause in Contracts

Adjustment of Conversion Rate. The Conversion Rate shall be adjusted as described below, except that the Company will not make any adjustment to the Conversion Rate if Holders participate (other than in the case of a share split or share combination), solely as a result of holding the Notes, and at the same time and upon the same terms as holders of Common Stock participate, in any of the transactions described below without having to convert their Notes, as if such Holders had held a number of shares of Common Stock equal to the applicable Conversion Rate in effect immediately prior to the adjustment thereof in respect of such transaction, multiplied by the principal amount (expressed in thousands) of Notes held by such Holders.

Appears in 7 contracts

Samples: Indenture (FedNat Holding Co), First Supplemental Indenture (Chimera Investment Corp), Second Supplemental Indenture (Redwood Trust Inc)

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Adjustment of Conversion Rate. The Conversion Rate shall be adjusted as described belowfrom time to time by the Company if any of the following events occurs, except that the Company will shall not make any adjustment adjustments to the Conversion Rate if Holders of the Notes participate (other than in the case of a share split or share combination), solely as a result of holding the Notes, and at the same time and upon the same terms as holders of the Common Stock participateand solely as a result of holding the Notes, in any of the transactions described below in this Section 13.07, without having to convert their Notes, as if such Holders had they held a number of shares of Common Stock equal to the applicable Conversion Rate in effect immediately prior to the adjustment thereof in respect of such transactionRate, multiplied by the principal amount (expressed in thousands) of Notes held by such HoldersHolder.

Appears in 5 contracts

Samples: First Supplemental Indenture (Greenbrier Companies Inc), Indenture (Greenbrier Companies Inc), Greenbrier Companies Inc

Adjustment of Conversion Rate. The Conversion Rate shall be adjusted as described belowfrom time to time by the Company if any of the following events occurs, except that the Company will shall not make any adjustment adjustments to the Conversion Rate if Holders of the Notes participate (other than in the case of a share split or share combination), solely as a result of holding the Notes, and at contemporaneously with the same time and upon the same terms as holders of the Common Stock participateStock, in any of the transactions described below without having to convert their Notesin this Section 9.04, as if such Holders had Holder of Notes held a number of shares of Common Stock equal to the applicable Conversion Rate in effect immediately prior to the adjustment thereof in respect of such transactionRate, multiplied by the principal amount (expressed in thousands) of Notes held by such HoldersHolder, without having to convert their Notes.

Appears in 4 contracts

Samples: Fifth Supplemental Indenture (Tesla, Inc.), Fourth Supplemental Indenture (Tesla, Inc.), Second Supplemental Indenture (Tesla Motors Inc)

Adjustment of Conversion Rate. The Conversion Rate shall be adjusted as described set forth below, except that the Company will shall not make any adjustment adjustments to the Conversion Rate if Holders participate (other than in the case of (x) a share split or share combinationcombination or (y) a tender or exchange offer), solely as a result of holding the Notes, and at the same time and upon the same terms as holders of the Common Stock participateand solely as a result of holding the Notes, in any of the transactions described below in this Section 13.04, without having to convert their Notes, as if such Holders had they held a number of shares of Common Stock equal to the applicable Conversion Rate in effect immediately prior to the adjustment thereof in respect of such transactionRate, multiplied by the principal amount (expressed in thousands) of Notes held by such HoldersHolder.

Appears in 3 contracts

Samples: Indenture (Clovis Oncology, Inc.), Indenture (Clovis Oncology, Inc.), Indenture (Clovis Oncology, Inc.)

Adjustment of Conversion Rate. The Conversion Rate shall be adjusted as described belowfrom time to time by the Company if any of the following events occurs, except that the Company will shall not make any adjustment adjustments to the Conversion Rate if Holders of the Notes participate (other than in the case of a share split or share combination), solely as a result of holding the Notes, and at the same time and upon the same terms as holders of the Common Stock participateand solely as a result of holding the Notes, in any of the transactions described below in this Section 12.04, without having to convert their Notes, as if such Holders had they held a number of shares of Common Stock equal to the applicable Conversion Rate in effect immediately prior to the adjustment thereof in respect of such transactionRate, multiplied by the principal amount (expressed in thousands) of Notes held by such HoldersHolder.

Appears in 3 contracts

Samples: BlackRock Capital Investment Corp, Indenture (Savient Pharmaceuticals Inc), Indenture (Savient Pharmaceuticals Inc)

Adjustment of Conversion Rate. The Conversion Rate shall be adjusted as described belowfrom time to time by the Company if any of the following events occurs, except that the Company will shall not make any adjustment to the Conversion Rate if Holders of the Notes participate (other than in the case of a share split or share combination), solely as a result of holding the Notes, and at the same time and upon the same terms as holders of the Common Stock participateand solely as a result of holding the Notes, in any of the transactions events described below in this Section 14.04, without having to convert their Notes, as if such Holders had they held a number of shares of Common Stock equal to the applicable Conversion Rate in effect immediately prior to the adjustment thereof in respect of such transactionRate, multiplied by the principal amount (expressed in thousands) of Notes held by such HoldersHolder.

Appears in 2 contracts

Samples: Indenture (Teladoc, Inc.), Indenture (Teladoc, Inc.)

Adjustment of Conversion Rate. The Conversion Rate shall be adjusted as described belowfrom time to time by the Company if any of the following events occurs, except that the Company will shall not make any adjustment adjustments to the Conversion Rate if Holders of the Notes participate (other than in the case of a share split or share combination), solely as a result of holding the Notes, and at the same time and upon the same terms as holders of the Common Stock participateShares and solely as a result of holding the Notes, in any of the transactions described below in this Section 14.04, without having to convert their Notes, as if such Holders had they held a number of shares of Common Stock Shares equal to the applicable Conversion Rate in effect immediately prior to the adjustment thereof in respect of such transactionRate, multiplied by the principal amount (expressed in thousands) of Notes held by such HoldersHolder.

Appears in 2 contracts

Samples: Canadian Solar Inc., Indenture (Canadian Solar Inc.)

Adjustment of Conversion Rate. The Conversion Rate shall be adjusted as described belowfrom time to time by the Company if any of the following events occurs, except that the Company will shall not make any adjustment adjustments to the Conversion Rate if Holders of the Notes participate (other than in the case of a share split or share combination), solely as a result of holding the Notes, and at the same time and upon the same terms as holders of the Common Stock participateand solely as a result of holding the Notes, in any of the transactions described below in this Section 8.04, without having to convert their Notes, as if such Holders had they held a number of shares of Common Stock equal to the applicable Conversion Rate in effect immediately prior to the adjustment thereof in respect of such transactionRate, multiplied by the principal amount (expressed in thousands) of Notes held by such HoldersHolder of the Notes.

Appears in 2 contracts

Samples: Indenture (Radian Group Inc), First Supplemental Indenture (Wabash National Corp /De)

Adjustment of Conversion Rate. The Conversion Rate shall will be adjusted as described belowin this Section 4.04, except that the Company will shall not make any adjustment to the Conversion Rate if Holders participate each Holder participates (other than in the case of a share split or share combination), solely as a result of holding the Notes, and at the same time and upon the same terms as holders of the Common Stock participateShares and as a result of holding the Notes, in any of the transactions described below without having to convert their its Notes, as if such Holders had it held a number of shares of Common Stock Shares equal to the applicable Conversion Rate in effect immediately prior to the adjustment thereof in respect of such transactionRate, multiplied by the principal amount (expressed in thousands) of Notes held by such HoldersHolder.

Appears in 2 contracts

Samples: Indenture (Herbalife Nutrition Ltd.), Indenture (Herbalife Ltd.)

Adjustment of Conversion Rate. The Conversion Rate shall be adjusted as described belowfrom time to time by the Company if any of the following events occurs, except that the Company will shall not make any adjustment adjustments to the Conversion Rate if Holders of the Notes participate (other than in the case of a share split or share combination), solely as a result of holding the Notes, and at the same time and upon the same terms as holders of the Common Stock participateand solely as a result of holding the Notes, in any of the transactions described below in this Section 11.03, without having to convert their Notes, as if such Holders had they held a number of shares of Common Stock equal to the applicable Conversion Rate in effect immediately prior to the adjustment thereof in respect of such transactionRate, multiplied by the principal amount (expressed in thousands) of Notes held by such HoldersHolder.

Appears in 1 contract

Samples: Indenture (ZaZa Energy Corp)

Adjustment of Conversion Rate. The Conversion Rate shall be adjusted from time to time by the Company as described belowfollows, except that the Company will not be required to make any adjustment adjustments to the Conversion Rate if Holders of the Notes participate (other than in the case of a share split or share combination), solely as a result of holding the Notes, and at the same time and upon the same terms as holders Holders of shares of Common Stock participate, ) in any of the transactions described below without having to convert their Notes, as if such Holders had of the Notes held a number of shares of Common Stock equal to the applicable Conversion Rate in effect immediately prior to the adjustment thereof in respect of such transaction, multiplied by the principal amount (expressed in thousands) of Notes held by such Holders., without having to convert their Notes:

Appears in 1 contract

Samples: First Supplemental Indenture (Spectranetics Corp)

Adjustment of Conversion Rate. The Conversion Rate shall be adjusted as described set forth below, except that the Company will shall not make any adjustment adjustments to the Conversion Rate if Holders participate (other than in the case of (x) a share split or share combinationcombination or (y) a tender or exchange offer), solely as a result of holding the Notes, and at the same time and upon the same terms as holders of the Common Stock participateand solely as a result of holding the Notes, in any of the transactions described below in this Section 9.04, without having to convert their Notes, as if such Holders had they held a number of shares of Common Stock equal to the applicable Conversion Rate in effect immediately prior to the adjustment thereof in respect of such transactionRate, multiplied by the principal amount (expressed in thousands) of Notes held by such HoldersHolder.

Appears in 1 contract

Samples: Clovis Oncology, Inc.

Adjustment of Conversion Rate. The Conversion Rate shall be adjusted as described belowfrom time to time by the Company if any of the following events occurs, except that the Company will shall not make any adjustment adjustments to the Conversion Rate if Holders of the Notes participate (other than in the case of a share split or share combination), solely as a result of holding the Notes, and at the same time and upon the same terms as holders of the Common Stock participateand solely as a result of holding the Notes, in any of the transactions described below in this ‎Section 8.04, without having to convert their Notes, as if such Holders had they held a number of shares of Common Stock equal to the applicable Conversion Rate in effect immediately prior to the adjustment thereof in respect of such transactionRate, multiplied by the principal amount (expressed in thousands) of Notes held by such HoldersHolder.

Appears in 1 contract

Samples: Macquarie Infrastructure Corp

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Adjustment of Conversion Rate. The Conversion Rate shall be adjusted from time to time by the Company if any of the following events occurs as described below, except that the Company will not make any adjustment to the Conversion Rate if Holders participate (other than in of Notes participate, at the case same time and on the same terms as holders of a share split or share combination)shares of Common Stock, solely as a result of holding the Notes, and at the same time and upon the same terms as holders of Common Stock participate, in any of the transactions described below in this Section 7.04, without having to convert their Notes, as if such Holders had held a number of shares of Common Stock equal to the applicable Applicable Conversion Rate in effect immediately prior to the adjustment thereof in respect of such transaction, multiplied by the principal amount (expressed in thousands) Principal Amount of Notes held by such Holders, divided by $1,000.

Appears in 1 contract

Samples: Convertible Note Purchase Agreement (Raptor Pharmaceutical Corp)

Adjustment of Conversion Rate. The Conversion Rate shall be adjusted as described belowfrom time to time by the Company if any of the following events occurs, except that the Company will shall not make any adjustment adjustments to the Conversion Rate if Holders of the Notes participate (other than in the case of a share split or share combination), solely as a result of holding the Notes, and at the same time and upon the same terms as holders of the Common Stock participateand solely as a result of holding the Notes, in any of the transactions described below in this ‎Section 14.04, without having to convert their Notes, as if such Holders had they held a number of shares of Common Stock equal to the applicable Conversion Rate in effect immediately prior to the adjustment thereof in respect of such transactionRate, multiplied by the principal amount (expressed in thousands) of Notes held by such HoldersHolder.

Appears in 1 contract

Samples: Indenture (Cypress Semiconductor Corp /De/)

Adjustment of Conversion Rate. The Conversion Rate shall will be adjusted as described belowin this Section 10.05 from time to time, except that the Company will Issuer shall not make any adjustment to the Conversion Rate if Holders holders participate (other than in the case of a share split or share combination), solely as a result of holding the Notes, and ) at the same time and upon the same terms as holders of the Common Stock participateand as a result of holding the Notes, in any of the transactions described below without having to convert their Notes, as if such Holders had they held a number of shares of Common Stock equal to the applicable Conversion Rate in effect immediately prior to the adjustment thereof in respect of such transaction, multiplied by the principal amount (expressed in thousands) of Notes held by such Holdersholder.

Appears in 1 contract

Samples: Indenture (CAESARS ENTERTAINMENT Corp)

Adjustment of Conversion Rate. The Conversion Rate shall be adjusted as described belowfrom time to time by the Company if any of the following events occurs, except that the Company will shall not make any adjustment adjustments to the Conversion Rate if Holders of the Notes participate (other than in the case of a share split or share combination), solely as a result of holding the Notes, and at the same time and upon the same terms as holders of the Common Stock participateand solely as a result of holding the Notes, in any of the transactions described below in this Section 9.04 without having to convert their Notes, Notes as if such Holders had they held a number of shares of Common Stock equal to the applicable Conversion Rate in effect immediately prior to the adjustment thereof in respect of such transactionRate, multiplied by the principal amount (expressed in thousands) of Notes held by such HoldersHolder.

Appears in 1 contract

Samples: XPO Logistics, Inc.

Adjustment of Conversion Rate. The Conversion Rate shall will be adjusted as described belowin this Section 14.05, except that the Company will shall not make any adjustment to the Conversion Rate if Holders participate (other than in the case of (x) a share split or share combinationcombination or (y) a tender or exchange offer), solely as a result of holding the Notes, and at the same time and upon the same terms as holders of the shares of the Common Stock participateand as a result of holding the Notes, in any of the transactions described below without having to convert their Notes, as if such Holders had they held a number of shares of the Common Stock equal to the applicable Conversion Rate in effect immediately prior to the adjustment thereof in respect of such transactionRate, multiplied by the principal amount (expressed in thousands) of Notes held by such HoldersHolder.

Appears in 1 contract

Samples: Indenture (Braemar Hotels & Resorts Inc.)

Adjustment of Conversion Rate. The Conversion Rate shall be adjusted as described belowfrom time to time by the Company if any of the following events occurs, except that the Company will shall not make any adjustment adjustments to the Conversion Rate if Holders of the Notes participate (other than in the case of a share split or share combination), solely as a result of holding the Notes, and at the same time and upon the same terms as holders of the Common Stock participateand solely as a result of holding the Notes, in any of the transactions described below in this Section 13.04 without having to convert their Notes, Notes as if such Holders had they held a number of shares of Common Stock equal to the applicable Conversion Rate in effect immediately prior to the adjustment thereof in respect of such transactionRate, multiplied by the principal amount (expressed in thousands) of Notes held by such HoldersHolder.

Appears in 1 contract

Samples: Indenture (Avis Budget Group, Inc.)

Adjustment of Conversion Rate. The Conversion Rate shall be adjusted as described belowfrom time to time by the Company if any of the following events occurs, except that the Company will shall not make any adjustment to the Conversion Rate if Holders of the Notes participate (other than in the case of a share split or share combination), solely as a result of holding the Notes, and at the same time and upon the same terms as holders of the Common Stock participateand solely as a result of holding the Notes, in any of the transactions events described below in this ‎Section 14.04, without having to convert their Notes, as if such Holders had they held a number of shares of Common Stock equal to the applicable Conversion Rate in effect immediately prior to the adjustment thereof in respect of such transactionRate, multiplied by the principal amount (expressed in thousands) of Notes held by such HoldersHolder.

Appears in 1 contract

Samples: Indenture (Teladoc Health, Inc.)

Adjustment of Conversion Rate. The Conversion Rate shall be adjusted as described belowfrom time to time by the Company if any of the following events occurs, except that the Company will shall not make any adjustment adjustments to the Conversion Rate if Holders of the Notes participate (other than in the case of a share split or share combination), solely as a result of holding the Notes, and at the same time and upon the same terms as holders of the Common Stock participateand solely as a result of holding the Notes, in any of the transactions described below in this Section 13.05, without having to convert their Notes, as if such Holders had they held a number of shares of Common Stock equal to the applicable Conversion Rate in effect immediately prior to the adjustment thereof in respect of such transactionRate, multiplied by the principal amount (expressed in thousands) of Notes held by such HoldersHolder.

Appears in 1 contract

Samples: Indenture (Netsuite Inc)

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