Common use of Cash Payments in Lieu of Fractional Shares Clause in Contracts

Cash Payments in Lieu of Fractional Shares. No fractional shares of Common Stock or scrip representing fractional shares shall be issued upon conversion of Debentures (whether pursuant to Section 15.1 or Section 15.12). If more than one Debenture shall be surrendered for conversion at one time by the same holder, the number of full shares which shall be issuable upon conversion shall be computed on the basis of the aggregate principal amount of the Debentures (or specified portions thereof to the extent permitted hereby) so surrendered for conversion. If any fractional share of stock otherwise would be issuable upon the conversion of any Debenture or Debentures, the Company shall make an adjustment therefor in cash at the current market value thereof to the holder of Debentures. The current market value of a share of Common Stock shall be the Closing Price on the first Trading Day immediately preceding the day on which the Debentures (or specified portions thereof) are deemed to have been converted and such Closing Price shall be determined as provided in Section 15.5(h).

Appears in 2 contracts

Samples: And (Xcyte Therapies Inc), Indenture (Xcyte Therapies Inc)

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Cash Payments in Lieu of Fractional Shares. No fractional shares of Common Stock or scrip certificates representing fractional shares shall be issued upon conversion of Debentures (whether pursuant to Section 15.1 or Section 15.12)Debentures. If more than one Debenture shall be surrendered for conversion at one time by the same holder, the number of full shares which that shall be issuable upon conversion shall be computed on the basis of the aggregate principal amount of the Debentures (or specified portions thereof to the extent permitted hereby) so surrendered for conversionsurrendered. If any fractional share of stock otherwise would be issuable upon the conversion of any Debenture or Debentures, the Company shall make an adjustment and payment therefor in cash at the current market value price thereof to the holder of Debentures. The current market value price of a share of Common Stock shall be the Closing Sale Price of the Common Stock on the first last Trading Day immediately preceding the day on which the Debentures (or specified portions thereof) are deemed to have been converted and such Closing Price shall be determined as provided in Section 15.5(h)converted.

Appears in 2 contracts

Samples: Indenture (Commscope Inc), Indenture (Commscope Inc)

Cash Payments in Lieu of Fractional Shares. No fractional shares of Common Stock or scrip certificates representing fractional shares shall be issued upon conversion of Debentures (whether pursuant to Section 15.1 or Section 15.12)Debentures. If more than one Debenture shall be surrendered for conversion at one time by the same holder, the number of full shares which that shall be issuable upon conversion shall be computed on the basis of the aggregate principal amount of the Debentures (or specified portions thereof to the extent permitted hereby) so surrendered for conversionsurrendered. If any fractional share of stock otherwise would be issuable upon the conversion of any Debenture or Debentures, the Company shall make an adjustment and payment therefor in cash at the current market value thereof to the holder thereof at the Last Reported Sale Price of Debentures. The current market value of a share of the Common Stock shall be the Closing Price on the first last Trading Day immediately preceding the day on which the Debentures (or the specified portions thereof) are deemed to have been converted and such Closing Price shall be determined as provided in Section 15.5(h)converted.

Appears in 2 contracts

Samples: Tower Automotive Inc, Graftech International LTD

Cash Payments in Lieu of Fractional Shares. No fractional shares of Common Stock or scrip representing fractional shares shall be issued upon conversion of Debentures (whether pursuant to Section 15.1 or Section 15.12)Debentures. If more than one Debenture shall be surrendered for conversion at one time by the same holder, the number of full shares which shall be issuable upon conversion shall be computed on the basis of the aggregate principal amount of the Debentures (or specified portions thereof to the extent permitted hereby) so surrendered for conversion. If any fractional share of stock otherwise would be issuable upon the conversion of any Debenture or Debentures, the Company shall make an adjustment therefor in cash at the current market value thereof to the holder of Debentures. The For these purposes, the current market value of a share of Common Stock shall be the Closing Price on the first Trading Day immediately preceding the day on which the Debentures (or specified portions thereof) are deemed to have been converted and such Closing Price shall be determined as provided in Section 15.5(h13.5(g).

Appears in 1 contract

Samples: Indenture (Sonicblue Inc)

Cash Payments in Lieu of Fractional Shares. No fractional shares of Common Stock or scrip representing fractional shares shall be issued upon conversion of Debentures (whether pursuant to Section 15.1 or Section 15.12)Debentures. If more than one Debenture shall be surrendered for conversion at one time by the same holderHolder, the number of full shares which shall be issuable upon conversion shall be computed on the basis of the aggregate principal amount of the Debentures (or specified portions thereof to the extent permitted hereby) so surrendered for conversionsurrendered. If any fractional share of stock otherwise would be issuable upon the conversion of any Debenture or Debentures, the Company shall make an adjustment and payment therefor in cash at the current market value price thereof to the holder Holder of Debentures. The current market value price of a share of Common Stock shall be the Closing Sale Price on the first Trading last Business Day immediately preceding the day on which the Debentures (or specified portions thereof) are deemed to have been converted and such Closing Price shall be determined as provided in Section 15.5(h)converted.

Appears in 1 contract

Samples: Supplemental Indenture (Omnicare Inc)

Cash Payments in Lieu of Fractional Shares. No fractional shares of Common Stock or scrip certificates representing fractional shares shall be issued upon conversion of Debentures (whether pursuant to Section 15.1 or Section 15.12)Debentures. If more than one Debenture shall be surrendered for conversion at one time by the same holder, the number of full shares which that shall be issuable upon conversion shall be computed on the basis of the aggregate principal amount of the Debentures (or specified portions thereof to the extent permitted hereby) so surrendered for conversionsurrendered. If any fractional share of stock otherwise would be issuable upon the conversion of any Debenture or Debentures, the Company shall make an adjustment and payment therefor in cash at the current market value price thereof to the holder of Debentures. The current market value price of a share of Common Stock shall be the Closing Sale Price on the first last Trading Day immediately preceding the day on which the Debentures (or specified portions thereof) are deemed to have been converted and such Closing Price shall be determined as provided in Section 15.5(h)converted.

Appears in 1 contract

Samples: Wilson Greatbatch (Wilson Greatbatch Technologies Inc)

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Cash Payments in Lieu of Fractional Shares. No fractional shares of Common Stock or scrip certificates representing fractional shares shall be issued upon conversion of Debentures (whether pursuant to Section 15.1 or Section 15.12)Debentures. If more than one Debenture shall be surrendered for conversion at one time by the same holder, the number of full shares which that shall be issuable upon conversion shall be computed on the basis of the aggregate principal amount of the Debentures (or specified portions thereof to the extent permitted hereby) so surrendered for conversionsurrendered. If any fractional share of stock otherwise would be issuable upon the conversion of any Debenture or Debentures, the Company shall make an adjustment and payment therefor in cash at the current market value thereof to the holder of Debentures. The current market value Debentures at the Last Reported Sale Price of a share of the Common Stock shall be the Closing Price on the first last Trading Day immediately preceding the day on which the Debentures (or specified portions thereof) are deemed to have been converted and such Closing Price shall be determined as provided in Section 15.5(h)converted.

Appears in 1 contract

Samples: Millennium Chemicals Inc

Cash Payments in Lieu of Fractional Shares. No fractional shares of Common Stock or scrip representing fractional shares shall be issued upon conversion of Debentures (whether pursuant to Section 15.1 or Section 15.12)Debentures. If more than one Debenture shall be surrendered for conversion at one time by the same holder, the number of full shares which shall be issuable upon conversion shall be computed on the basis of the aggregate principal amount of the Debentures (or specified portions thereof to the extent permitted hereby) so surrendered for conversionsurrendered. If any fractional share of stock otherwise would be issuable upon the conversion of any Debenture or Debentures, the Company shall make an adjustment therefor in cash at the current market value thereof to the holder of Debenturesthereof. The current market value of a share of Common Stock shall be the Closing Price closing price on the first Trading Day day (which is not a Legal Holiday as defined in Section 16.06) immediately preceding the day on which the Debentures (or specified portions thereof) are deemed to have been converted and such Closing Price closing price shall be determined as provided in subsection (d) of Section 15.5(h)15.05.

Appears in 1 contract

Samples: Indenture (Silicon Graphics Inc /Ca/)

Cash Payments in Lieu of Fractional Shares. No ------------------------------------------ fractional shares of Common Stock or scrip representing fractional shares shall be issued upon conversion of Debentures (whether pursuant to Section 15.1 or Section 15.12)Debentures. If more than one Debenture shall be surrendered for conversion at one time by the same holder, the number of full shares which shall be issuable upon conversion shall be computed on the basis of the aggregate principal amount of the Debentures (or specified portions thereof to the extent permitted hereby) so surrendered for conversion. If any fractional share of stock otherwise would be issuable upon the conversion of any Debenture or Debentures, the Company shall make an adjustment therefor in cash at the current market value thereof to the holder of Debentures. The current market value of a share of Common Stock shall be the Closing Price on the first Trading Day immediately preceding the day on which the Debentures (or specified portions thereof) are deemed to have been converted and such Closing Price shall be determined as provided in Section 15.5(h).

Appears in 1 contract

Samples: Sequus Pharmaceuticals Inc

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