Common use of applies Clause in Contracts

applies. If all of the shares of Common Stock subject to such rights, warrants or options have not been issued when such rights, warrants or options expire, then the Conversion Rate shall promptly be readjusted to the Conversion Rate which would then be in effect had the adjustment upon the issuance of such rights, warrants or options been made on the basis of the actual number of shares of Common Stock issued upon the exercise of such rights, warrants or options. No adjustment shall be made under this Section 11.07 if the application of the formula stated above in this Section 11.07 would result in a value of R' that is equal to or less than the value of R.

Appears in 26 contracts

Samples: _______________________ Indenture (Merrill Lynch & Co Inc), Exibit 4 (Mesa Air Group Inc), Indenture (Franklin Resources Inc)

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applies. If all of the shares of Common Stock subject to such rights, warrants or options have not been issued when such rights, warrants or options expire, then the Conversion Rate shall promptly be readjusted to the Conversion Rate which would then be in effect had the adjustment upon the issuance of such rights, warrants or options been made on the basis of the actual number of shares of Common Stock issued upon the exercise of such rights, warrants or options. No adjustment shall be made under this Section 11.07 10.07 if the application of the formula stated above in this Section 11.07 10.07 would result in a value of R' that is equal to or less than the value of R.

Appears in 6 contracts

Samples: Indenture (Laboratory Corp of America Holdings), Indenture (Supervalu Inc), Indenture (Laboratory Corp of America Holdings)

applies. If all of the shares of Common Stock Shares subject to such rights, warrants or options have not been issued when such rights, warrants or options expire, then the Conversion Rate shall promptly be readjusted to the Conversion Rate which would then be in effect had the adjustment upon the issuance of such rights, warrants or options been made on the basis of the actual number of shares of Common Stock Shares issued upon the exercise of such rights, warrants or options. No adjustment shall be made under this Section 11.07 if the application of the formula stated above in this Section 11.07 would result in a value of R' that is equal to or less than the value of R.

Appears in 5 contracts

Samples: Indenture (Valassis Communications Inc), Indenture (Valassis Communications Inc), Indenture (Starwood Hotels & Resorts)

applies. If all of the shares of Common Stock subject to such rights, warrants or options have not been issued when such rights, warrants or options expire, then the Conversion Rate shall promptly be readjusted to the Conversion Rate which would then be in effect had the adjustment upon the issuance of such rights, warrants or options been made on the basis of the actual number of shares of Common Stock issued upon the exercise of such rights, warrants or options. No adjustment shall be made under this Section 11.07 16.07 if the application of the formula stated above in this Section 11.07 16.07 would result in a value of R' that is equal to or less than the value of R.

Appears in 2 contracts

Samples: Xerox Corp, Roper Industries Inc /De/

applies. If all of the shares of Common Stock subject to such rights, warrants or options have not been issued when such rights, warrants or options expire, then the Conversion Rate shall promptly be readjusted to the Conversion Rate which would then be in effect had the adjustment upon the issuance of such rights, warrants or options been made on the basis of the actual number of shares of Common Stock issued upon the exercise of such rights, warrants or options. No adjustment shall be made under this Section 11.07 15.7 if the application of the formula stated above in this Section 11.07 15.7 would result in a value of R' that is equal to or less than the value of R.

Appears in 2 contracts

Samples: Indenture (International Paper Co /New/), Indenture (International Paper Co /New/)

applies. If all of the shares of Common Stock subject to such rights, warrants or options have not been issued when such rights, warrants or options expire, then the Conversion Rate shall promptly be readjusted to the Conversion Rate which would then be in effect had the adjustment upon the issuance of such rights, warrants or options been made on the basis of the actual number of shares of Common Stock issued upon the exercise of such rights, warrants or options. No adjustment shall be made under this Section 11.07 10.7 if the application of the formula stated above in this Section 11.07 10.7 would result in a value of R' that is equal to or less than the value of R.

Appears in 2 contracts

Samples: Indenture (Mirant Corp), Cendant Corp

applies. If all of the shares of Common Stock subject to such rights, warrants or options have not been issued when such rights, warrants or options expire, then the Conversion Rate shall promptly be readjusted to the Conversion Rate which that would then be in effect had the adjustment upon the issuance of such rights, warrants or options been made on the basis of the actual number of shares of Common Stock issued upon the exercise of such rights, warrants or options. No adjustment shall be made under this Section 11.07 7.7 if the application of the formula stated above in this Section 11.07 7.7 would result in a value of R' that is equal to or less than the value of R.

Appears in 2 contracts

Samples: Fourth Supplemental Indenture (CSX Corp), Fourth Supplemental Indenture (CSX Corp)

applies. If all of the shares of Common Stock Shares subject to such rights, warrants or options have not been issued when such rights, warrants or options expire, then the Conversion Rate shall promptly be readjusted to the Conversion Rate which would then be in effect had the adjustment upon the issuance of such rights, warrants or options been made on the basis of the actual number of shares of Common Stock Shares issued upon the exercise of such rights, warrants or options. No adjustment shall be made under this Section 11.07 10.7 if the application of the formula stated above in this Section 11.07 10.7 would result in a value of R' that is equal to or less than the value of R.

Appears in 2 contracts

Samples: Tyco International LTD /Ber/, Tyco International LTD /Ber/

applies. If all of the shares of Common Stock Ordinary Shares subject to such rights, warrants or options have not been issued when such rights, warrants or options expire, then the Conversion Rate shall promptly be readjusted to the Conversion Rate which would then be in effect had the adjustment upon the issuance of such rights, warrants or options been made on the basis of the actual number of shares of Common Stock Ordinary Shares issued upon the exercise of such rights, warrants or options. No adjustment shall be made under this Section 11.07 12.7 if the application of the formula stated above in this Section 11.07 12.7 would result in a value of R' that is equal to or less than the value of R.

Appears in 2 contracts

Samples: Indenture (Xl Capital LTD), Xl Capital LTD

applies. If all of the shares of Common Stock subject to such rights, warrants or options have not been issued when such rights, warrants or options expire, then the Conversion Rate shall promptly be readjusted to the Conversion Rate which would then be in effect had the adjustment upon the issuance of such rights, warrants or options been made on the basis of the actual number of shares of Common Stock issued upon the exercise of such rights, warrants or options. No adjustment shall be made under this Section 11.07 2.05(b) if the application of the formula stated above in this Section 11.07 2.05(b) would result in a value of R' that is equal to or less than the value of R.

Appears in 1 contract

Samples: Providian Financial Corp

applies. If all of the shares of Common Stock subject to such rights, warrants or options have not been issued when such rights, warrants or options expire, then the Conversion Rate (and, simultaneously, the Conversion Price) shall promptly be readjusted to the Conversion Rate (or Conversion Price) which would then be in effect had the adjustment upon the issuance of such rights, warrants or options been made on the basis of the actual number of shares of Common Stock issued upon the exercise of such rights, warrants or options. No adjustment shall be made under this Section 11.07 if the application of the formula stated above in this Section 11.07 would result in a value of R' that is equal to or less than the value of R.

Appears in 1 contract

Samples: Western Wireless Corp

applies. If all of the shares of Common Stock subject to such rights, warrants or options have not been issued when such rights, warrants or options expire, then the Conversion Rate shall promptly be readjusted to the Conversion Rate which would then be in effect had the adjustment upon the issuance of such rights, warrants or options been made on the basis of the actual number of shares of Common Stock issued upon the exercise of such rights, warrants or options. No adjustment shall be made under this Section 11.07 12.7 if the application of the formula stated above in this Section 11.07 12.7 would result in a value of R' that is equal to or less than the value of R.

Appears in 1 contract

Samples: Indenture (American Financial Group Inc)

applies. If all of the shares of Class A Common Stock subject to such rights, warrants or options have not been issued when such rights, warrants or options expire, then the Conversion Rate shall promptly be readjusted to the Conversion Rate which would then be in effect had the adjustment upon the issuance of such rights, warrants or options been made on the basis of the actual number of shares of Class A Common Stock issued upon the exercise of such rights, warrants or options. No adjustment shall be made under this Section 11.07 if the application of the formula stated above in this Section 11.07 would result in a value of R' that is equal to or less than the value of R.

Appears in 1 contract

Samples: Health Management Associates Inc

applies. If all of the shares of Common Stock subject to such rights, warrants or options have not been issued when such rights, warrants or options expire, then the Conversion Rate shall promptly be readjusted to the Conversion Rate which would then be in effect had the adjustment upon the issuance of such rights, warrants or options been made on the basis of the actual number of shares of Common Stock issued upon the exercise of such rights, warrants or options. No adjustment shall be made under this Section 11.07 9.07 if the application of the formula stated above in this Section 11.07 9.07 would result in a value of R' that is equal to or less than the value of R.

Appears in 1 contract

Samples: Supplemental Indenture (Mirant Corp)

applies. If all of the shares of Common Stock subject to such rights, warrants or options have not been issued when such rights, warrants or options expire, then the Conversion Rate shall promptly be readjusted to the Conversion Rate which would then be in effect had the adjustment upon the issuance of such rights, warrants or options been made on the basis of the actual number of shares of Common Stock issued upon the exercise of such rights, warrants or options. No adjustment shall be made under this Section 11.07 13.07 if the application of the formula stated above in this Section 11.07 13.07 would result in a value of R' that is equal to or less than the value of R.

Appears in 1 contract

Samples: Indenture (Avon Products Inc)

applies. If all of the shares of Common Stock subject to such rights, warrants or options have not been issued when such rights, warrants or options expire, then the Conversion Exchange Rate shall promptly be readjusted to the Conversion Exchange Rate which would then be in effect had the adjustment upon the issuance of such rights, warrants or options been made on the basis of the actual number of shares of Common Stock issued upon the exercise of such rights, warrants or options. No adjustment shall be made under this Section 11.07 7.07 if the application of the formula stated above in this Section 11.07 7.07 would result in a value of R' that is equal to or less than the value of R.

Appears in 1 contract

Samples: Guarantee and Exchange Agreement (America West Holdings Corp)

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applies. If all of the shares of Common Stock subject to such rights, warrants or options have not been issued when such rights, warrants or options expire, then the Conversion Rate shall promptly be readjusted to the Conversion Rate which would then be in effect had the adjustment upon the issuance of such rights, warrants or options been made on the basis of the actual number of shares of Common Stock issued upon the exercise of such rights, warrants or options. No adjustment shall be made under this Section 11.07 4.7 if the application of the formula stated above in this Section 11.07 4.7 would result in a value of R' that is equal to or less than the value of R.

Appears in 1 contract

Samples: Dicks Sporting Goods Inc

applies. If all of the shares of Common Stock subject to such rights, warrants or options have not been issued when such rights, warrants or options expire, then the Conversion Rate shall promptly be readjusted to the Conversion Rate which would then be in effect had the adjustment upon the issuance of such rights, warrants or options been made on the basis of the actual number of shares of Common Stock issued upon the exercise of such rights, warrants or options. No adjustment shall be made under this Section 11.07 7.7 if the application of the formula stated above in this Section 11.07 7.7 would result in a value of R' that is equal to or less than the value of R.

Appears in 1 contract

Samples: Aol Time Warner Inc

applies. If all of the shares of Common Stock subject to such rights, warrants or options have not been issued when such rights, warrants or options expire, then the Conversion Rate shall promptly be readjusted to the Conversion Rate which that would then be in effect had the adjustment upon the issuance of such rights, warrants or options been made on the basis of the actual number of shares of Common Stock issued upon the exercise of such rights, warrants or options. No adjustment shall be made under this Section 11.07 17.03(b) if the application of the formula stated above in this Section 11.07 17.03(b) would result in a value of R' that is equal to or less than the value of R.

Appears in 1 contract

Samples: Indenture (American Home Mortgage Investment Corp)

applies. If all of the shares of Class A Common Stock subject to issuable upon exercise or conversion of such rights, warrants or options have not been issued when such rights, warrants or options expire, then the Conversion Rate shall promptly be readjusted to the Conversion Rate which would then be in effect had the adjustment upon the issuance of such rights, warrants or options been made on the basis of the actual number of shares of Class A Common Stock issued upon the exercise of such rights, warrants or options. No adjustment shall be made under this Section 11.07 if the application of the formula stated above in this Section 11.07 would result in a value of R' that is equal to or less than the value of R.

Appears in 1 contract

Samples: Indenture (Bergen Brunswig Corp)

applies. If all of the shares of Common Stock subject to such rights, warrants or options have not been issued when such rights, warrants or options expire, then the Conversion Rate shall promptly be readjusted to the Conversion Rate which would then be in effect had the adjustment upon the issuance of such rights, warrants or options been made on the basis of the actual number of shares of Common Stock issued upon the exercise of such rights, warrants or options. 57 No adjustment shall be made under this Section 11.07 if the application of the formula stated above in this Section 11.07 would result in a value of R' that is equal to or less than the value of R.

Appears in 1 contract

Samples: Indenture (Horace Mann Educators Corp /De/)

applies. If all of the shares of Common Stock Ordinary Shares subject to such rights, warrants or options have not been issued when such rights, warrants or options expire, then the Conversion Rate shall promptly be readjusted to the Conversion Rate which would then be in effect had the adjustment upon the issuance of such rights, warrants or options been made on the basis of the actual number of shares of Common Stock Ordinary Shares issued upon the exercise of such rights, warrants or options. No adjustment shall be made under this Section 11.07 10.7 if the application of the formula stated above in this Section 11.07 10.7 would result in a value of R' that is equal to or less than the value of R.

Appears in 1 contract

Samples: Xl Capital LTD

applies. If all of the shares of Common Stock subject to such rights, warrants or options have not been issued when such rights, warrants or options expire, then the Conversion Rate shall promptly be readjusted to the Conversion Rate which would then be in effect had the adjustment upon the issuance of such rights, warrants or options been made on the basis of the actual number of shares of Common Stock issued upon the exercise of such rights, warrants or options. No adjustment shall be made under this Section 11.07 7.7 if the application of the formula stated above in this Section 11.07 7.7 would result in a value of R' that is equal to or less than the value of R.

Appears in 1 contract

Samples: Aol Time Warner Inc

applies. If all of the shares of Common Stock subject to such rights, warrants or options have not been issued when such rights, warrants or options expire, then the Conversion Exchange Rate shall promptly be readjusted to the Conversion Exchange Rate which would then be in effect had the adjustment upon the issuance of such rights, warrants or options been made on the basis of the actual number of shares of Common Stock issued upon the exercise of such rights, warrants or options. No adjustment shall be made under this Section 11.07 if the application of the formula stated above in this Section 11.07 would result in a value of R' that is equal to or less than the value of R.

Appears in 1 contract

Samples: Eaton Vance Corp

applies. If all of the shares of Class A ----- Common Stock subject to such rights, warrants or options have not been issued when such rights, warrants or options expire, then the Conversion Rate shall promptly be readjusted to the Conversion Rate which would then be in effect had the adjustment upon the issuance of such rights, warrants or options been made on the basis of the actual number of shares of Class A Common Stock issued upon the exercise of such rights, warrants or options. No adjustment shall be made under this Section 11.07 if the application ----- of the formula stated above in this Section 11.07 would result in a value of R' ----- that is equal to or less than the value of R.

Appears in 1 contract

Samples: Indenture (Health Management Associates Inc)

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