Common use of Certain Conversions and Repurchases Deemed Payment Clause in Contracts

Certain Conversions and Repurchases Deemed Payment. For the purposes of this Article only, (1) the issuance and delivery of junior securities upon conversion of Securities in accordance with Article Twelve or upon the repurchase of Securities in accordance with Article Fourteen shall not be deemed to constitute a payment or distribution on account of the principal of or premium or interest on Securities or on account of the purchase or other acquisition of Securities, and (2) the payment, issuance or delivery of cash, property or securities (other than junior securities) upon conversion of a Security shall be deemed to constitute payment on account of the principal of such Security. For the purposes of this Section, the term "

Appears in 9 contracts

Samples: Indenture (Tech Data Corp), Indenture (Sports Authority Inc /De/), Indenture (Tech Data Corp)

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Certain Conversions and Repurchases Deemed Payment. For the purposes of this Article Eleven only, (1a) the issuance and delivery of junior securities upon conversion of Securities in accordance with Article Twelve Ten or upon the repurchase of Securities in accordance with Article Fourteen Twelve shall not be deemed to constitute a payment or distribution on account of the principal of or premium or interest on Securities or on account of the purchase or other acquisition of Securities, and (2b) the payment, issuance or delivery of cash, property or securities (other than junior securities) upon conversion of a Security shall be deemed to constitute payment on account of the principal of such Security. For the purposes of this SectionSection 11.11, the term "

Appears in 2 contracts

Samples: Indenture (Cell Therapeutics Inc), Indenture (Asm International N V)

Certain Conversions and Repurchases Deemed Payment. For the purposes of this Article only, (1) the issuance and delivery of junior securities upon conversion of Securities in accordance with Article Twelve ARTICLE ELEVEN or upon the repurchase of Securities in accordance with Article Fourteen ARTICLE THIRTEEN shall not be deemed to constitute a payment or distribution on account of the principal of or premium or interest or Liquidated Damages on Securities or on account of the purchase or other acquisition of Securities, and (2) the payment, issuance or delivery of cash, property or securities (other than junior securities) upon conversion of a Security shall be deemed to constitute payment on account of the principal of such Security. For the purposes of this Section, the term "

Appears in 1 contract

Samples: Indenture (Millennium Pharmaceuticals Inc)

Certain Conversions and Repurchases Deemed Payment. For the purposes of this Article only, (1) the issuance and delivery of junior securities upon conversion of Securities in accordance with Article Twelve Eleven or upon the repurchase of Securities in accordance with Article Fourteen Thirteen shall not be deemed to constitute a payment or distribution on account of the principal of or premium or interest or Liquidated Damages on Securities or on account of the purchase or other acquisition of Securities, and (2) the payment, issuance or delivery of cash, property or securities (other than junior securities) upon conversion of a Security shall be deemed to constitute payment on account of the principal of such Security. For the purposes of this Section, the term "

Appears in 1 contract

Samples: Indenture (I2 Technologies Inc)

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Certain Conversions and Repurchases Deemed Payment. For the purposes of this Article only, (1i) the issuance and delivery of junior securities upon conversion of Securities in accordance with Article Twelve or upon the repurchase of Securities in accordance with Article Fourteen XII shall not be deemed to constitute a payment or distribution on account of the principal of or premium or interest (including Additional Interest, if any) on Securities or on account of the purchase or other acquisition of Securities, and (2ii) the payment, issuance or delivery of cashcash (except in satisfaction of fractional shares pursuant to Section 12.3), property or securities (other than junior securities) upon conversion of a Security shall be deemed to constitute payment on account of the principal of such Security. For the purposes of this Section, the term "

Appears in 1 contract

Samples: Indenture (Collegiate Pacific Inc)

Certain Conversions and Repurchases Deemed Payment. For the purposes of this Article only, (1) the issuance and delivery of junior securities upon conversion of Securities in accordance with Article Twelve ------- Eleven or upon the repurchase of Securities in accordance with Article Fourteen Thirteen ------ ---------------- shall not be deemed to constitute a payment or distribution on account of the principal of or premium or interest on Securities or on account of the purchase or other acquisition of Securities, and (2) the payment, issuance or delivery of cash, property or securities (other than junior securities) upon conversion of a Security shall be deemed to constitute payment on account of the principal of such Security. For the purposes of this Section, the term "

Appears in 1 contract

Samples: Indenture (Digital Island Inc)

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