Certain Conversions or Exchanges Deemed Payment. For the purposes of this Article only, (a) the issuance and delivery of junior securities upon conversion or exchange of Securities shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest (including Additional Sums and Additional Amounts, if any) on Securities or on account of the purchase or other acquisition of Securities, and (b) the payment, issuance or delivery of cash, property or securities (other than Securities, Exchange Securities or junior securities) upon conversion or exchange 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 4 contracts
Samples: Senior Subordinated Indenture (Fresenius Medical Care Corp), Senior Subordinated Indenture (Fresenius Medical Care Corp), Senior Subordinated Indenture (Fresenius National Medical Care Holdings Inc)
Certain Conversions or Exchanges Deemed Payment. For the purposes purpose of this Article only, (a) the issuance and delivery of junior securities upon conversion or exchange of Securities Debentures shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest (including any Additional Sums and Additional AmountsInterest, if any) on Securities the Debentures or on account of the purchase or other acquisition of SecuritiesDebentures, and (b) the payment, issuance or delivery of cashcash (including any payments for fractional shares), property or securities (other than Securities, Exchange Securities or junior securities) upon conversion or exchange of a Security Debenture shall be deemed to constitute payment on account of the principal of such security. For the purposes purpose of this Section, the term "
Appears in 4 contracts
Samples: Merger Agreement (Capital Senior Living Corp), Merger Agreement (Ilm Senior Living Inc /Va), Merger Agreement (Ilm Ii Senior Living Inc /Va)
Certain Conversions or Exchanges Deemed Payment. For the purposes of this Article only, (a) the issuance and delivery of junior securities upon conversion or exchange of Debt Securities shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest (including any Additional Sums and Additional Amounts, if anyInterest) on Debt Securities or on account of the purchase or other acquisition of Debt Securities, and (b) the payment, issuance or delivery of cash, property or securities (other than Securities, Exchange Securities or junior securities) upon conversion or exchange of a Debt Security shall be deemed to constitute payment on account of the principal of such security. For the purposes of this Section, the term "account
Appears in 1 contract
Certain Conversions or Exchanges Deemed Payment. For the purposes of this Article Section 9 only, (ai) the issuance and delivery of junior securities upon conversion or exchange of Securities Bonds shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest (including Additional Sums and any Deferred Interest or Additional Amounts, if any) on Securities or any make-whole or present value payment on the Bonds or pursuant to the Guarantee or on account of the purchase or other acquisition of SecuritiesBonds, and (bii) the payment, issuance or delivery of cash, property or securities (other than Securities, Exchange Securities or junior securities) upon conversion or exchange of a Security Bond shall be deemed to constitute payment on account of the principal of such securityBond. For the purposes of this SectionSection 9.10, the term "β
Appears in 1 contract
Samples: Second Supplemental Indenture (AngloGold Ashanti Holdings PLC)
