Certain Conversions Deemed Payment. For the purposes of this Article Thirteen only, (1) the issuance and delivery of junior securities upon conversion of Securities in accordance with Article Twelve shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest on Securities or on account of the purchase or other acquisition of Securities, and (2) the payment, issuance or delivery of cash (except in satisfaction of fractional shares pursuant to Section 12.2), 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 13.10, the term "
Appears in 4 contracts
Samples: Indenture (Cypress Semiconductor Corp /De/), Indenture (Orbital Sciences Corp /De/), Indenture (Veritas Software Corp)
Certain Conversions Deemed Payment. For the purposes of this Article Thirteen Fifteen only, (1) the issuance and delivery of junior securities upon conversion of Securities in accordance with Article Twelve Fourteen shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest on Securities or on account of the purchase or other acquisition of Securities, and (2) the payment, issuance or delivery of cash (except in satisfaction of fractional shares pursuant to Section 12.21403), 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 13.101508, the term "
Appears in 3 contracts
Samples: Reimbursement Agreement (Maxtor Corp), Quantum Corp /De/, Quantum Corp /De/
Certain Conversions Deemed Payment. For the purposes of this Article Thirteen 15 only, (1) the issuance and delivery of junior securities upon conversion of Securities in accordance with Article Twelve 14 shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest on Securities or on account of the purchase or other acquisition of Securities, and (2) the payment, issuance or delivery of cash (except in satisfaction of fractional shares pursuant to Section 12.21403), 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 13.101508, the term "
Appears in 3 contracts
Samples: Indenture (Solectron Corp), Indenture (Solectron Corp), Cypress Semiconductor Corp /De/
Certain Conversions Deemed Payment. For the purposes of this Article Thirteen 13 only, (1) the issuance and delivery of junior securities upon conversion of Securities in accordance with Article Twelve 12 or in respect to the Repurchase Price in accordance with Article 11 shall not be deemed to constitute a payment or distribution on account of the principal of of, premium or interest (or premiumincluding Liquidated Damages, if any) on, or interest on other amount payable with respect to, Securities or on account of the redemption, purchase or other acquisition of Securities, and (2) the payment, issuance or delivery of cash (except in satisfaction of fractional shares pursuant to Section 12.2)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 13.10of, the term "premium or
Appears in 1 contract
Samples: Interliant Inc
Certain Conversions Deemed Payment. For the purposes of this Article Thirteen XII only, (1i) the issuance and delivery of junior securities upon conversion of Securities in accordance with Article Twelve 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 Securities or on account of the purchase or other acquisition of Securities, and (2ii) the payment, issuance or delivery of cash (except in satisfaction of fractional shares pursuant to Section 12.213.2), 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 13.10Section, the term "
Appears in 1 contract
Samples: Indenture (Komag Inc /De/)
Certain Conversions Deemed Payment. For the purposes of this Article Thirteen 15 only, (1) the issuance and delivery of junior securities upon conversion of Securities in accordance with Article Twelve 14 shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest on Securities or on account of the purchase or other acquisition of Securities, and (2) the payment, issuance or delivery of cash (except in satisfaction of fractional shares pursuant to Section 12.214.3), 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 13.1015.8, the term "
Appears in 1 contract
Samples: Waddell & Reed Capital Trust I
Certain Conversions Deemed Payment. For the purposes of this Article Thirteen Fourteen only, (1) the issuance and delivery of junior securities upon conversion of Securities in accordance with Article Twelve shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest on Securities or on account of the purchase or other acquisition of SecuritiesSecurities pursuant to the Guarantee, and (2) the payment, issuance or delivery of cash (except in satisfaction of fractional shares pursuant to Section 12.2), 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 SecuritySecurity pursuant to the Guarantee. For the purposes of this Section 13.1014.8, the term "
Appears in 1 contract
Samples: Atmel Corp
Certain Conversions Deemed Payment. For the purposes of this Article Thirteen only, (1) the issuance and delivery of junior securities upon conversion of Securities in accordance with Article Twelve Thirteen shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) premium or interest on Securities and any coupons appertaining thereto or on account of the purchase or other acquisition of SecuritiesSecurities and any coupons appertaining thereto, and (2) the payment, issuance or delivery of cash (except in satisfaction of fractional shares pursuant to Section 12.2)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 13.10Section, the term "
Appears in 1 contract
Samples: Noble Affiliates Inc
Certain Conversions Deemed Payment. For the purposes of this Article Thirteen only, (1) the issuance and delivery of junior securities upon conversion of Securities in accordance with Article Twelve shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest on Securities or on account of the purchase or other acquisition of Securities, and (2) the payment, issuance or delivery of cash (except in satisfaction of fractional shares pursuant to Section 12.2), 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 13.1013.8, the term "
Appears in 1 contract
Samples: Baan Co N V