CAPITAL STRUCTURE CHANGES Clause Samples
The "Capital Structure Changes" clause defines how modifications to a company's equity or debt structure are managed under an agreement. It typically outlines the procedures and requirements for actions such as issuing new shares, redeeming existing securities, or altering the mix of debt and equity. For example, it may require prior approval from certain stakeholders before the company can issue additional stock or take on significant new debt. This clause serves to protect the interests of parties to the agreement by ensuring that significant changes to the company's financial foundation are controlled and transparent, thereby preventing unexpected dilution or shifts in control.
CAPITAL STRUCTURE CHANGES. As provided in the Plan, appropriate adjustments shall be made in the number and kind of Share Appreciation Rights should there be a change in the capital structure of the Company, and the Board may take appropriate actions in good faith with respect to the Award in the event of a significant corporate transaction. [name] ---------------------- [date] ----------------------
CAPITAL STRUCTURE CHANGES. (a) If the outstanding shares of the Company’s Stock as a whole are increased, decreased, changed into, or exchanged for a different number or kind of shares or securities of the Company, whether through merger, consolidation, reorganization, recapitalization, reclassification, stock dividend, stock split, combination of shares, exchange of shares, change in corporate structure, or the like, an appropriate and proportionate adjustment shall be made in the number and kinds of shares subject to unexercised Options or portions thereof granted prior to any such change. Any such adjustment in an outstanding Option, however, shall be made without a change in the total price applicable to the unexercised portion of the Option but with a corresponding adjustment in the price for each share of Stock covered by the Option.” In lieu of giving effect to the provisions of Paragraph 11 of your Stock Option Agreement or Article 10.1(a) of the Plan, you agree to terminate the option granted to you under your Stock Option Agreement, effective as of the Effective Time, to the extent it remains unexercised as of the Effective Time. You may wish to consult with your tax advisor on the tax treatment of this transaction. Please acknowledge your agreement with the terms of this letter by signing where indicated below and returning the signed copy to us no later than May 22, 2004. By signing hereunder, you acknowledge that, upon the consummation of the Merger, your options shall be cancelled, and all rights thereunder shall cease to exist. If you have any questions, please let me know. Sincerely, Acknowledged and agreed to this day of , 2004. (Signature of Option Holder) (Print Name of Option Holder) This Irrevocable Proxy is given by the undersigned, (“Shareholder”), in favor of ABC Bancorp, a Georgia corporation (“ABC”), as of the day of , 2004.
CAPITAL STRUCTURE CHANGES. In calculating the PPL Electric weighted average cost of capital in the Formula Rate Template, the value to be included on line 99 for the common equity component of PPL Electric’s capital structure (“Equity Component”) will be the lower of (i) PPL Electric’s actual Equity Component as calculated in accordance with the Formula Rate Template or (ii) 56 percent. If PPL Electric’s actual Equity Component as calculated in accordance with the Formula Rate Template exceeds 56 percent, PPL Electric will make a filing pursuant to section 205 of the FPA to seek to make the necessary changes to its Formula Rate Template to limit the Equity Component used in the Formula Rate Template to 56 percent. PPL Electric will request that such change in its Formula Rate Template be made effective contemporaneous with the date its actual Equity Component first exceeded 56 percent.
CAPITAL STRUCTURE CHANGES. Upon dissolution or liquidation of the Company, or upon a reorganization, merger, or consolidation in which the Company is not the surviving corporation, or upon the sale of substantially all of the assets of the Company to another corporation, all outstanding Awards shall continue to operate and be paid as provided under Article VI of this Plan. However, the Administrator shall have the discretion and power in any such event to determine and to make effective provisions for the acceleration of time during which the Awards may be payable, notwithstanding any other provision of this Plan.
CAPITAL STRUCTURE CHANGES. If during the term of this Debenture any reclassification, consolidation, subdivision, readjustment or other change in the capital structure of the Corporation is made, or any right of conversion attached to the Collateral is exercised, then all new, substituted and additional certificates representing such shares, or other investment property, issued to the Corporation by reason of any such change or exercise shall be delivered to and be held by the Debenture Trustee, together with duly executed instruments of transfer or assignment, and resolutions of the directors of MPL approving the transfer shall be delivered by the Corporation to the Debenture Trustee, and all such new, substituted and additional shares or other investment property shall be held by the Debenture Trustee under the terms of this Debenture in the same manner as the Pledged Securities.
CAPITAL STRUCTURE CHANGES. Issue or sell any additional ------------------------- shares of the capital stock of Borrower or any securities convertible into or exercisable for any shares of such capital stock or otherwise allow for the change in control of Borrower.
CAPITAL STRUCTURE CHANGES. Issue or sell any additional shares ------------------------- of the capital stock of such Person or any securities convertible into or exercisable for any shares of such capital stock other than shares issued pursuant to an employee incentive stock option plan approved by such Person's board of directors and consented to by Lender, such consent not to be unreasonably withheld or otherwise allow for the change in control of such Person.