Amounts Received Upon Conversion Clause Samples

Amounts Received Upon Conversion. Upon a conversion of Series A Preferred Shares pursuant to Articles 27.6(a) or 27.6 (b), the holder of such converted Series A Preferred Shares shall, subject to the limitations and adjustments pursuant to the first paragraph of Article 27.6, receive in respect of each Series A Preferred Share: (i) a number of Common Shares (or Reference Property, to the extent applicable) equal to the amount determined by dividing (A) the Purchase Price for the Series A Preferred Share to be converted plus an amount equal to 8.75% of the Purchase Price per annum compounded annually including, in the case of a conversion pursuant to Article 27.6(a), as if the Mandatory Conversion Date had occurred irrespective of the timing of such conversion (the “Liquidation Preference”) by (B) the Conversion Price in effect at the time of conversion; (ii) cash in an amount equal to the amount of any accrued but unpaid Participating Cash Dividends (to the extent not included in the Purchase Price) on the Series A Preferred Shares being converted; provided that, to the extent the Company is prohibited by law or by contract from paying such amount, then the Company shall provide written notice to the applicable holder of such inability to pay, and at the written election of the shareholder (which written election shall be delivered to the Company within five (5) business days of receipt of such written notice from the Company), the Company shall either pay such amount as soon as payment is no longer so prohibited or issue Common Shares (or Reference Property, to the extent applicable) in the manner specified in Article 27.6(c)(i) as if the amount of such accrued but unpaid Participating Cash Dividends were added to the Purchase Price; and (iii) any accrued and unpaid Participating In-Kind Dividends.