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 (Alaska Air Group Inc), Indenture (Mesa Air Group Inc), Indenture (Merrill Lynch & Co 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 (Omnicom Group Inc), Indenture (Omnicom Capital Inc)

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 (Starwood Hotels & Resorts), Indenture (Valassis Communications Inc), Indenture (Valassis Communications 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 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 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: Convertible Debentures Supplemental Indenture (International Paper Co /New/), Convertible Debentures Supplemental Indenture (International Paper Co /New/)

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), Indenture (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 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), Indenture (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 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: First Supplemental Indenture (Roper Industries Inc /De/), Indenture (Xerox 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: Indenture (Tyco International LTD /Ber/), Indenture (Tyco International LTD /Ber/)

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: Indenture (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 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: Supplemental Indenture (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 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 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: Supplemental Indenture (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 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: Indenture (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: First Supplemental Indenture (Mirant Corp)

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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 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: Indenture (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 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)

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: Second Supplemental Indenture (Providian Financial Corp)

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: Indenture (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 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 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: Indenture (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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