Certain Conversions Deemed Payment. For the purposes of this Article IV only, (1) the issuance and delivery of junior securities upon conversion of Notes in accordance with Article XV shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest on Notes or on account of the purchase or other acquisition of Notes, and (2) the payment, issuance or delivery of cash,
Appears in 3 contracts
Samples: Indenture (Alkermes Inc), Iomega Corp, Iomega Corp
Certain Conversions Deemed Payment. For the purposes of this Article IV only, only (1a) the issuance and delivery of junior securities upon conversion of Notes in accordance with Article XV shall not be deemed to constitute a payment or of distribution on account of the principal of (or premium, if any) or interest on Notes or on account of the purchase or other acquisition of Notes, and (2b) the payment, issuance or delivery of cash,cash (except in satisfaction of fractional shares pursuant to Section 15.3), property or securities (other than junior securities) upon conversion of a Note shall be deemed to constitute payment on account of the principal of such Note. For the purposes of this Section 4.5, the term "
Appears in 2 contracts
Samples: Securities Purchase Agreement (Rockford Corp), Rockford Corp
Certain Conversions Deemed Payment. For the purposes of this Article IV only, only (1a) the issuance and delivery of junior securities upon conversion of Notes in accordance with Article XV shall not be deemed to constitute a payment or of distribution on account of the principal of (or premium, if any) or interest on Notes or on account of the purchase or other acquisition of Notes, and (2b) the payment, issuance or delivery of cash,cash (except in satisfaction of fractional shares pursuant to Section 15.3), property or securities (other than
Appears in 2 contracts
Samples: Indenture (Electroglas Inc), Indenture (Electroglas Inc)
Certain Conversions Deemed Payment. For the purposes of this ---------------------------------- Article IV only, (1) the issuance and delivery of junior securities upon ---------- conversion of Notes Securities in accordance with Article XV shall not be deemed to ---------- constitute a payment or distribution on account of the principal of (or premium, if any) or interest on Notes Securities or on account of the purchase or other acquisition of NotesSecurities, and (2) the payment, issuance or delivery of cash,or
Appears in 1 contract
Certain Conversions Deemed Payment. For the purposes of this Article IV XII only, (1a) the issuance and delivery of junior securities upon conversion of Notes in accordance with Article XV XIII shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) premium or interest on Notes or on account of the purchase or other acquisition of Notes, and (2b) the payment, issuance or delivery of cash,, property or securities
Appears in 1 contract
Samples: Indenture (Kranzco Realty Trust)
Certain Conversions Deemed Payment. For the purposes of this Article IV only, (1) the issuance and delivery of junior securities upon conversion of Notes in accordance with Article XV shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest on Notes or on account of the purchase or other acquisition of Notes, and (2) the payment, issuance or delivery of cash,cash (except
Appears in 1 contract
Samples: Cephalon Inc
Certain Conversions Deemed Payment. For the purposes of this Article IV XII only, (1a) the issuance and delivery of junior securities Conversion Securities upon conversion Conversion of the Notes in accordance with Article XV III shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) premium or interest on the Notes or on account of the purchase or other acquisition of Notes, and (2b) the payment, issuance or delivery of cash,, property or securities (other than Conversion Securities) upon Conversion of a Note shall be deemed to constitute payment on account of the principal of such Note.
Appears in 1 contract
Samples: Credit Agreement (Insignia Financial Group Inc /De/)