Common use of Contingent Interest Clause in Contracts

Contingent Interest. Subject to the accrual and record date provisions specified in this paragraph 10, the Company shall pay contingent interest to the Holders during any six-month period (a "Contingent Interest Period") from January 28 to July 27 and from July 28 to January 27, commencing with the six-month period beginning January 28, 2007, if the average Security Price for the Five-Day Period with respect to such Contingent Interest Period equals 120% or more of the Accreted Value thereof on the trading day immediately preceding the first day of the relevant Contingent Interest Period. The amount of contingent interest payable per $1,000 Principal Amount at Final Maturity hereof in respect of any Contingent Interest Period shall equal the greater of (x) Cash Dividends paid by the Company per share of Class A Common Stock during that Contingent Interest Period multiplied by the number of shares of Class A Common Stock into which $1,000 Principal Amount at Final Maturity hereof is convertible pursuant to paragraph 8 hereof as of the accrual date for such contingent interest or (y) 0.125% of the average Security Price for the Five-Day Period with respect to such Contingent Interest Period. Contingent interest, if any, will accrue and be payable to Holders as of the 15th day preceding the last day of the relevant Contingent Interest Period (a "Contingent Interest Record Date"). Such payments shall be paid on the last day of the relevant Contingent Interest Period. Contingent interest calculates pursuant to this paragraph 10 shall be paid on the last day of the relevant Contingent Interest Period (a "Contingent Interest Payment Date").

Appears in 1 contract

Samples: Indenture (Health Management Associates Inc)

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Contingent Interest. Subject to the accrual and record date provisions specified in this paragraph 105, the Company shall pay contingent interest to the Holders during any six-month period (a "Contingent Interest Period") from January 28 December 14 to July 27 June 13 and from July 28 June 14 to January 27December 13, commencing with the six-month period beginning January 28December 14, 20072006, if the average Security Note Price for the Five-Day Period with respect to such Contingent Interest Period equals 120% or more of the Accreted Value thereof on the trading day immediately preceding the first day of the relevant Contingent Interest Period. The amount of contingent interest payable per $1,000 Principal Amount at Final Maturity hereof in respect of any Contingent Interest Period shall equal the greater of (x) Cash Dividends paid by the Company per share of Class A Common Stock during that Contingent Interest Period multiplied by the number of shares of Class A Common Stock into which $1,000 Principal Amount at Final Maturity hereof is convertible pursuant to paragraph 8 10 hereof as of the accrual date for such contingent interest or (y) 0.125.125% of the average Security Note Price for the Five-Day Period with respect to such Contingent Interest Period. Contingent interest, if any, will accrue and be payable to Holders as of the record date for the related Cash Dividend or, if no Cash Dividend is paid by the Company during any quarter within a Contingent Interest Period, to Holders as of the 15th day preceding the last day of the relevant Contingent Interest Period (each, a "Contingent Interest Record Date"). Such payments shall be paid on the last day payment date of the relevant related Cash Dividend or, if no Cash Dividend is paid by the Company during any quarter within a Contingent Interest Period. Contingent interest calculates pursuant to this paragraph 10 shall be paid , on the last day of the relevant Contingent Interest Period (a "Contingent Interest Payment Date")Period.

Appears in 1 contract

Samples: Second Supplemental Indenture (Interpublic Group of Companies Inc)

Contingent Interest. Subject to the accrual and record date provisions specified in this paragraph 105, the Company shall pay contingent interest to the Holders during any six-month period (a "Contingent Interest Period") from January 28 23 to July 27 22 and from July 28 23 to January 2722, commencing with the six-month period beginning after January 2822, 20072004, if the average Security LYON Market Price for the Five-Day Period with respect to such Contingent Interest Period equals 120% or more of the Accreted Value thereof on sum of the Issue Price of a Security and Original Issue Discount accrued thereon to the trading day immediately preceding the first day of the relevant Contingent Interest Period. The amount of contingent interest payable per $1,000 Principal Amount at Final Maturity hereof in respect of any Quarterly Period within a Contingent Interest Period shall equal the greater of (x) Regular Cash Dividends paid by the Company per share of Class A Common Stock during that Contingent Interest Quarterly Period multiplied by the number of shares of Class A Common Stock into which $1,000 Principal Amount at Final Maturity hereof is convertible pursuant to paragraph 8 9 hereof as of the accrual date for such contingent interest or and (y) 0.1250.0315% of the average Security LYON Market Price for the Five-Day Period with respect to such Contingent Interest Period. Contingent interest, if any, will accrue and be payable to Holders as of the 15th record date for the related Regular Cash Dividend or, if no Regular Cash Dividend is paid by the Company during a Quarterly Period, to Holders as of the 15/th/ day preceding the last day of the relevant Contingent Interest Period (a "Contingent Interest Record Date")Period. Such payments shall be paid on the payment date of the related Regular Cash Dividend or, if no Regular Cash Dividend is paid by the Company during any Quarterly Period, on the last day of the relevant Contingent Interest Period. Contingent Original Issue Discount will continue to accrue at 2.375% per annum whether or not contingent interest calculates pursuant to this paragraph 10 shall be paid on the last day of the relevant Contingent Interest Period (a "Contingent Interest Payment Date")is paid.

Appears in 1 contract

Samples: Indenture (Danaher Corp /De/)

Contingent Interest. Subject In addition to any other interest payable pursuant to this Article 12 or the accrual Notes, beginning with the six month period beginning on, and record date provisions specified in this paragraph 10including, December 1, 2018, if the Contingent Interest Trading Price of the Notes for each Trading Day of the five consecutive Trading Day period (the “Contingent Interest Measurement Period”) ending on, and including, the second Trading Day immediately preceding the first day of any Contingent Interest Period is equal to or greater than the Upside Trigger, then the Company shall pay contingent interest (“Contingent Interest”) to the Holders during in accordance with this Section 12.03. For the avoidance of doubt, the first date upon which Contingent Interest, if any, will be paid, will be June 1, 2019. The amount of Contingent Interest payable per $1,000 principal amount of Notes in respect of any six-month period (a "Contingent Interest Period") from January 28 to July 27 and from July 28 to January 27, commencing with the six-month period beginning January 28, 2007, if applicable, shall be equal to one-quarter of one percent (0.25%) of the average Security Price for the Five-Day Period with respect to such Contingent Interest Period equals 120% or more Trading Price per $1,000 principal amount of the Accreted Value thereof on Notes during the trading day five consecutive Trading Days ending on, and including, the second Trading Day immediately preceding the first day of the relevant Contingent Interest Period. The amount of contingent interest payable per $1,000 Principal Amount at Final Maturity hereof in respect of any Contingent Interest Period shall equal the greater of (x) Cash Dividends paid by the Company per share of Class A Common Stock during that Contingent Interest Period multiplied by the number of shares of Class A Common Stock into which $1,000 Principal Amount at Final Maturity hereof is convertible pursuant to paragraph 8 hereof as of the accrual date for such contingent interest or (y) 0.125% of the average Security Price for the Five-Day Period with respect to such Contingent Interest Period. Contingent interestInterest shall accrue from the first day of the applicable Contingent Interest Period to, but excluding, the Interest Payment Date immediately following the end of such Contingent Interest Period. For avoidance of doubt, regular cash interest shall continue to accrue at the per annum rate of 2.00% on the principal amount of the Notes whether or not Contingent Interest is paid, and Contingent Interest, if any, will shall be in addition to such regular cash interest. The Company shall determine the daily Contingent Interest Trading Prices of the Notes during each Contingent Interest Measurement Period during which any Notes are outstanding. Upon determining that the Notes shall begin to accrue Contingent Interest during a Contingent Interest Period, the Company shall, on or before the beginning of such Contingent Interest Period, notify Holders and the Trustee of the fact that Contingent Interest has become payable and the amount of such Contingent Interest payable per $1,000 principal amount of Notes. Contingent Interest, if any, shall accrue and be payable to Holders as of in the 15th day preceding the last day of the relevant Contingent Interest Period (a "Contingent Interest Record Date"). Such payments shall be paid same manner, and on the last day of same dates, as the relevant Contingent Interest Period. Contingent stated interest calculates pursuant to this paragraph 10 shall be paid payable on the last day of the relevant Contingent Interest Period (a "Contingent Interest Payment Date")Notes.

Appears in 1 contract

Samples: Indenture (Healthsouth Corp)

Contingent Interest. Subject to the accrual and record date provisions specified in this paragraph 105, the Company shall pay contingent interest to the Holders during any six-month period (a "Contingent Interest Period") from July 27 to January 28 26 and from January 27 to July 27 and from July 28 to January 2726, commencing with the initial six-month period beginning January 28commencing July 27, 20072004, if the A-4 66 average Security LYON Market Price for the Five-Day Period with respect to such Contingent Interest Period equals 120% or more of the Accreted Value thereof on sum of the Issue Price of a Security to the trading day immediately preceding the first day of the relevant Contingent Interest Period. The amount of contingent interest payable per $1,000 Principal Amount at Final Maturity hereof in respect of any Contingent Interest Period shall equal the sum of any contingent interest payable in the first and second three-month periods during such Contingent Interest Period. During any such three-month period, the amount of any contingent interest payable shall be equal to the greater of (x) Cash Dividends paid by the Company per share of Class A Common Stock during that Contingent Interest Period multiplied by the number of shares of Class A Common Stock into which $1,000 Principal Amount at Final Maturity hereof is convertible pursuant to paragraph 8 hereof as of the accrual date for such contingent interest or (y) 0.125.0625% of the average Security LYON Market Price for the Five-Day Period with respect to such Contingent Interest PeriodPeriod and (y) the sum of all Regular Cash Dividends paid by the Company per share of Common Stock during such three-month period multiplied by the number of shares of Common Stock into which $1,000 Principal Amount hereof is convertible pursuant to paragraph 9 hereof as of the accrual date for such contingent interest. Contingent interest, if any, will accrue and be payable to Holders as of the 15th day (whether or not a Business Day) preceding the last day of the relevant Contingent Interest Period (or, if any Regular Cash Dividends are paid by the Company during a "Contingent Interest Record Date")Period, to Holders as of the record date for the related Regular Cash Dividend. Such payments shall be paid on the last day of the relevant Contingent Interest Period or, if Regular Cash Dividends are paid by the Company during a Contingent Interest Period. Contingent interest calculates pursuant to this paragraph 10 shall be paid , on the last day payment date of the relevant Contingent Interest Period (a "Contingent Interest Payment Date")related Regular Cash Dividend.

Appears in 1 contract

Samples: Indenture (Novellus Systems Inc)

Contingent Interest. Subject to the accrual and record date provisions specified in this paragraph 105, the Company shall pay contingent interest to the Holders during any six-month period (a "Contingent Interest Period") from January 28 May 9 to July 27 November 8 and from July 28 November 9 to January 27May 8, commencing with the six-month period beginning January 28after May 9, 20072005, if the average Security LYON Market Price for the Five-Day Period with respect to such Contingent Interest Period equals 120% or more of the Accreted Value thereof on sum of the Issue Price of a Security and Original Issue Discount accrued thereon to the trading day immediately preceding the first day of the relevant Contingent Interest Period. The amount of contingent interest payable per $1,000 Principal Amount at Final Maturity hereof in respect of any Quarterly Period within a Contingent Interest Period shall equal the greater of (x) Cash Dividends paid by the Company per share of Class A Common Stock during that Contingent Interest Period multiplied by the number of shares of Class A Common Stock into which $1,000 Principal Amount at Final Maturity hereof is convertible pursuant to paragraph 8 hereof as of the accrual date for such contingent interest or (y) 0.1250.0625% of the average Security LYON Market Price for the Five-Day Period with respect to such Contingent Interest PeriodPeriod and (y) Regular Cash Dividends paid by the Company per share of Common Stock during that Quarterly Period multiplied by the number of shares of Common Stock into which $1,000 Principal Amount at Maturity hereof is convertible pursuant to paragraph 9 hereof as of the accrual date for such contingent interest. Contingent interest, if any, will accrue and be payable to Holders as of the 15th day (whether or not a Business Day) preceding the last day of the relevant Contingent Interest Period (or, if Regular Cash Dividends are paid by the Company during a "Contingent Interest Record Date")Quarterly Period, to Holders as of the record date for the related Regular Cash Dividend. Such payments shall be paid on the last day of the relevant Contingent Interest Period or, if Regular Cash Dividends are paid by the Company during a Quarterly Period. Contingent interest calculates pursuant to this paragraph 10 shall be paid , on the last day payment date of the relevant Contingent Interest Period (a "Contingent Interest Payment Date")related Regular Cash Dividend. Original Issue Discount will continue to accrue at 2.75% per annum whether or not contingent interest is paid.

Appears in 1 contract

Samples: Indenture (SPX Corp)

Contingent Interest. Subject to the accrual and record date provisions specified in this paragraph 105, the Company shall pay contingent interest to the Holders during any six-month period (a "Contingent Interest Period") from January 28 February 8 to July 27 August 7 and from July 28 August 8 to January 27February 7, commencing with the initial six-month period beginning January 28commencing after February 8, 20072006, if the average Security Securities Market Price for the Five-Day Period with respect to such Contingent Interest Period equals 120% or more of the sum of the Initial Accreted Value thereof on Principal Amount and the Issue Discount accrued thereon to the trading day immediately preceding the first day of the relevant Contingent Interest Period. The amount of contingent interest payable per $1,000 Principal Amount at Final Maturity hereof in respect of any Contingent Interest Period shall equal the greater of (x) Cash Dividends paid by the Company per share of Class A Common Stock during that Contingent Interest Period multiplied by the number of shares of Class A Common Stock into which $1,000 Principal Amount at Final Maturity hereof is convertible pursuant to paragraph 8 hereof as of the accrual date for such contingent interest or (y) 0.125% of the average Security Securities Market Price for the Five-Day Period with respect to such Contingent Interest PeriodPeriod and (y) a Fixed Amount multiplied by the Conversion Rate as of the accrual date for such contingent interest. The Fixed Amount shall be equal to $0.20 and shall be adjusted whenever the Conversion Rate is adjusted by multiplying the then-current Fixed Amount by a fraction, the numerator of which is the Conversion Rate in effect immediately prior to the adjustment thereof and the denominator of which is the Conversion Rate as so adjusted. Contingent interest, if any, will accrue and be payable to Holders as of the 15th day (whether or not a Business Day) preceding the last day of the relevant Contingent Interest Period (a "Contingent Interest Record Date")Period. Such payments shall be paid on the last day of the relevant Contingent Interest Period. Contingent Issue Discount will continue to accrue at 1% per annum whether or not contingent interest calculates pursuant to this paragraph 10 shall be paid on the last day of the relevant Contingent Interest Period (a "Contingent Interest Payment Date")is paid.

Appears in 1 contract

Samples: Indenture (Countrywide Financial Corp)

Contingent Interest. Subject to the accrual and record date provisions specified in this paragraph 105, the Company shall pay contingent interest to the Holders during any six-month period (a "Contingent Interest Period") from January 28 February 6 to July 27 August 5 and from July 28 August 6 to January 27February 5, commencing with the six-month period beginning January 28after February 6, 20072006, if the average Security LYON Market Price for the Five-Day Period with respect to such Contingent Interest Period equals 120% or more of the Accreted Value thereof on sum of the Issue Price of a Security and Original Issue Discount accrued thereon to the trading day immediately preceding the first day of the relevant Contingent Interest Period. The amount of contingent interest payable per $1,000 Principal Amount at Final Maturity hereof in respect of any Quarterly Period within a Contingent Interest Period shall equal the greater of (x) Cash Dividends paid by the Company per share of Class A Common Stock during that Contingent Interest Period multiplied by the number of shares of Class A Common Stock into which $1,000 Principal Amount at Final Maturity hereof is convertible pursuant to paragraph 8 hereof as of the accrual date for such contingent interest or (y) 0.1250.0625% of the average Security LYON Market Price for the Five-Day Period with respect to such Contingent Interest PeriodPeriod and (y) Regular Cash Dividends paid by the Company per share of Common Stock during that Quarterly Period multiplied by the number of shares of Common Stock into which $1,000 Principal Amount at Maturity hereof is convertible pursuant to paragraph 9 hereof as of the accrual date for such contingent interest. Contingent interest, if any, will accrue and be payable to Holders as of the 15th day (whether or not a Business Day) preceding the last day of the relevant Contingent Interest Period (or, if Regular Cash Dividends are paid by the Company during a "Contingent Interest Record Date")Quarterly Period, to Holders as of the record date for the related Regular Cash Dividend. Such payments shall be paid on the last day of the relevant Contingent Interest Period or, if Regular Cash Dividends are paid by the Company during a Quarterly Period. Contingent interest calculates pursuant to this paragraph 10 shall be paid , on the last day payment date of the relevant Contingent Interest Period (a "Contingent Interest Payment Date")related Regular Cash Dividend. Original Issue Discount will continue to accrue at 2.75% per annum whether or not contingent interest is paid.

Appears in 1 contract

Samples: Indenture (SPX Corp)

Contingent Interest. Subject to the accrual and record date Common Stock Record Date provisions specified in this paragraph 105, the Company shall pay contingent interest to the Holders during any six-month period (a "Contingent Interest Period") from January 28 -------------------------- October 10 to July 27 April 9 and from July 28 April 10 to January 27October 9, commencing with the six-month period beginning January 28October 10, 20072004, if the average Security Note Price for the Five-Day Period with respect to such Contingent Interest Period equals 120% or more of the Accreted Value thereof on of such Note to the trading day immediately preceding the first day of the relevant Contingent Interest Period. The amount of contingent interest payable per $1,000 Principal Amount at Final Maturity hereof in respect of any Contingent Interest Period shall equal the greater of (x) Cash Dividends paid by the Company per share of Class A Common Stock during that Contingent Interest Period multiplied by the number of shares of Class A Common Stock into which $1,000 Principal Amount at Final Maturity hereof is convertible pursuant to paragraph 8 9 hereof as of the accrual date for such contingent interest or and (y) 0.125% of the average Security Note Price for the Five-Day Period with respect to such Contingent Interest Period. Contingent interest, if any, will accrue and be payable to Holders as of the Common Stock Record Date for the related Cash Dividend or, if no Cash Dividend is paid by the Company during a quarter within the relevant Contingent Interest Period, to Holders as of the 15th day preceding the last day of the relevant Contingent Interest Period (a "Contingent Interest Record Date")Period. Such payments shall be paid on the payment date of the related Cash Dividend or, if no Cash Dividend is paid by the Company during a quarter within the relevant Contingent Interest Period, on the last day of the relevant Contingent Interest Period. In addition, on any Purchase Date, Fundamental Change Purchase Date or Redemption Date that occurs during a Contingent Interest Period for which a Holder is entitled to contingent interest calculates pursuant to this paragraph 10 shall clause (y) of the preceding paragraph, contingent interest will be paid payable to such Holder in an amount equal to the amount that would have been otherwise payable to such Holder on the last day of the relevant such Contingent Interest Period (a "divided by the actual number of days from the first day of such Contingent Interest Payment Date to the Purchase Date"), Fundamental Change Purchase Date or Redemption Date, as the case may be, using a 360-day year composed of twelve 30-day months.

Appears in 1 contract

Samples: Third Supplemental Indenture (Electronic Data Systems Corp /De/)

Contingent Interest. Subject to the accrual and record date provisions specified in this paragraph 10, the Company shall pay contingent interest to the Holders during any six-month period (a "Contingent Interest Period"a) from January 28 to July 27 and from July 28 to January 27, commencing Beginning with the six-month period beginning January 28commencing on October 1, 20072020, and for each subsequent six-month period (each, a “Contingent Interest Period”) the Company will pay additional interest (“Contingent Interest”) to the Holders of Notes if the average Security Price for the Five-Day Period with respect to such Contingent Interest Period equals 120% or more Trading Price per $1,000 principal amount of the Accreted Value thereof on Notes for each of the trading day five Trading Days immediately preceding the first day of the relevant applicable Contingent Interest Period (the “Contingent Interest Measurement Period. The amount of contingent interest ”) equals or exceeds $1,200. (b) During any Contingent Interest Period in which Contingent Interest is payable, the Contingent Interest payable per $1,000 Principal Amount principal amount of Notes will equal the product of (i) 0.50% per annum and (ii) the average Contingent Interest Trading Price of $1,000 principal amount of Notes during the Contingent Interest Measurement Period and will be payable in the same manner, at Final Maturity hereof the same time and upon the same terms as regular interest payable on the Notes. Contingent Interest, if any, shall be payable in addition to, and not in lieu of, regular interest in respect of the Notes and any Additional Interest payable in respect of the Notes. (c) The Company shall notify Holders, the Trustee and the Paying Agent in writing as soon as practicable upon the Company’s determination that Holders will be entitled to receive Contingent Interest during any Contingent Interest Period and issue a press release containing the relevant information (and make such press release available on its website). None of the Trustee, Paying Agent or Bid Solicitation Agent shall equal the greater of (x) Cash Dividends paid by have any duty to determine whether the Company per share of Class A Common Stock during that is obligated to pay Contingent Interest Period multiplied by the number of shares of Class A Common Stock into which $1,000 Principal Amount at Final Maturity hereof is convertible pursuant to paragraph 8 hereof as of the accrual date for such contingent interest or (y) 0.125% of the average Security Price for the Five-Day Period with respect to such Contingent Interest Period. Contingent interest, if any, will accrue and be payable to Holders as of the 15th day preceding the last day of the relevant Contingent Interest Period (a "Contingent Interest Record Date"). Such payments shall be paid on the last day of the relevant Contingent Interest Period. Contingent interest calculates pursuant to this paragraph 10 shall be paid on the last day of the relevant Contingent Interest Period (a "Contingent Interest Payment Date")Interest.

Appears in 1 contract

Samples: Indenture (Euronet Worldwide Inc)

Contingent Interest. Subject to the accrual and record date Record Date provisions specified in this paragraph 105, the Company shall pay contingent interest to the Holders during any six-month period (a "Contingent Interest Period") from January 28 May 11 to July 27 November 10 and from July 28 November 11 to January 27May 10, commencing with the six-month period beginning January 28after May 11, 20072003, if the average Security Note Price for the Five-Day Period with respect to such Contingent Interest Period equals 120% or more of the Accreted Value thereof on of such Note to the trading day Trading Day immediately preceding the first day of the relevant Contingent Interest Period. The amount of contingent interest payable per $1,000 Principal Amount at Final Maturity hereof in respect of any Contingent Interest Period shall equal the greater of (x) Cash Dividends paid by the Company per share of Class A Common Stock during that Contingent Interest Period multiplied by the number of shares of Class A Common Stock into which $1,000 Principal Amount at Final Maturity hereof is convertible pursuant to paragraph 8 10 hereof as of the accrual date for such contingent interest or and (y) 0.125% of the average Security Note Price for the Five-Day Period with respect to such Contingent Interest Period, except that no contingent interest payment shall exceed 1.62% of the Accreted Value of the Notes at the beginning of the relevant Contingent Interest Period. Contingent interest, if any, will accrue and be payable to Holders as of the Record Date for the related Cash Dividend or, if no Cash Dividend is paid by the Company during a Contingent Interest Period, to Holders as of the 15th day preceding the last day of the relevant Contingent Interest Period (a "Contingent Interest Record Date")Period. Such payments shall be paid on the payment date of the related Cash Dividend or, if no Cash Dividend is paid by the Company during a Contingent Interest Period, on the last day of the relevant Contingent Interest Period. In addition, on any Purchase Date, Fundamental Change Purchase Date or Redemption Date that occurs during a Contingent Interest Period for which a Holder is entitled to contingent interest calculates pursuant to this paragraph 10 shall clause (y) of the preceding paragraph, contingent interest will be paid payable to such Holder in an amount equal to the amount that would have been otherwise payable to such Holder on the last day of the relevant such Contingent Interest Period (a "divided by the actual number of days from the first day of such Contingent Interest Payment Date to the Purchase Date"), Fundamental Change Purchase Date or Redemption Date, as the case may be, using a 360-day year composed of twelve 30-day months.

Appears in 1 contract

Samples: Eleventh Supplemental Indenture (Horton D R Inc /De/)

Contingent Interest. Subject to the accrual and record date provisions specified in this paragraph 105, the Company shall pay contingent interest to the Holders during any six-month period (a "Contingent Interest Period") from January 28 May 12 to July 27 November 11 and from July 28 November 12 to January 27May 11, commencing with the six-month period beginning January 28May 12, 20072006, if the average Security LYON Market Price for the Five-Day Period with respect to such Contingent Interest Period equals 120% or more of the Accreted Value thereof on sum of the trading Issue Price of a Security and Original Issue Discount accrued thereon to the day immediately preceding the first day of the relevant Contingent Interest Period. The amount of contingent interest payable per $1,000 Principal Amount at Final Maturity hereof in respect of any Quarterly Period within a Contingent Interest Period shall equal the greater of (x) Regular Cash Dividends paid by the Company per share of Class A Common Stock during that Contingent Interest Quarterly Period multiplied by the number of shares of Class A Common Stock into which $1,000 Principal Amount at Final Maturity hereof is convertible pursuant to paragraph 8 9 hereof as of the accrual date for such contingent interest or and (y) 0.125% of $0.065 multiplied by the average Security Price for the Five-Day Period then applicable Conversion Rate with respect to such Contingent Interest Period. Contingent interest, if any, will accrue and be payable to Holders as of the record date for the related Regular Cash Dividend or, if no Regular Cash Dividend is paid by the Company during a Quarterly Period, to Holders as of the 15th day preceding the last day of the relevant Contingent Interest Period (a "Contingent Interest Record Date")Period. Such payments shall be paid on the payment date of the related Regular Cash Dividend or, if no Regular Cash Dividend is paid by the Company during any Quarterly Period, on the last day of the relevant Contingent Interest Period. Contingent Original Issue Discount will continue to accrue at 1.875% per annum whether or not contingent interest calculates pursuant to this paragraph 10 shall be paid on the last day of the relevant Contingent Interest Period (a "Contingent Interest Payment Date")is paid.

Appears in 1 contract

Samples: Indenture (Franklin Resources Inc)

Contingent Interest. Subject to the accrual and record date provisions specified in this paragraph 105, the Company shall pay contingent interest to the Holders during any six-month period (a "Contingent Interest Period") from January 28 February 8 to July 27 August 7 and from July 28 August 8 to January 27February 7, commencing with the initial six-month period beginning January 28commencing after February 8, 20072006, if the average Security LYON Market Price for the Five-Day Period with respect to such Contingent Interest Period equals 120% or more of the Accreted Value thereof on sum of the Issue Price of a Security and Original Issue Discount accrued thereon to the trading day immediately preceding the first day of the relevant Contingent Interest Period. The amount of contingent interest payable per $1,000 Principal Amount at Final Maturity hereof in respect of any Contingent Interest Period shall equal the greater of (x) 0.125% of the average LYON Market Price for the Five-Day Period with respect to such Contingent Interest Period and (y) the sum of any Regular Cash Dividends paid by the Company per share of Class A Common Stock during that Contingent Interest Period multiplied by the number of shares of Class A Common Stock into which $1,000 Principal Amount at Final Maturity hereof is convertible pursuant to paragraph 8 9 hereof as of the accrual date for such contingent interest or (y) 0.125% of the average Security Price for the Five-Day Period with respect to such Contingent Interest Periodinterest. Contingent interest, if any, will accrue and be payable to Holders as of the 15th day (whether or not a Business Day) preceding the last day of the relevant Contingent Interest Period (or, if any Regular Cash Dividends are paid by the Company during a "Contingent Interest Record Date")Period, to Holders as of the record date for the related Regular Cash Dividend. Such payments shall be paid on the last day of the relevant Contingent Interest Period or, if Regular Cash Dividends are paid by the Company during a Contingent Interest Period. Contingent interest calculates pursuant to this paragraph 10 shall be paid , on the last day payment date of the relevant Contingent Interest Period (a "Contingent Interest Payment Date")related Regular Cash Dividend. Original Issue Discount will continue to accrue at 1% per annum whether or not contingent interest is paid.

Appears in 1 contract

Samples: Indenture (Countrywide Home Loans Inc)

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Contingent Interest. Subject to the accrual and record date provisions specified in this paragraph 10, the Company shall We will pay contingent interest to the Holders holders of LYONs during any six-month period (from February --- to August --- , 2006, if the average market price of a "Contingent Interest Period") from January 28 to July 27 and from July 28 to January 27, commencing with LYON for the five trading days ending on the second trading day immediately preceding the relevant six-month period beginning January 28, 2007, if the average Security Price for the Five-Day Period with respect to such Contingent Interest Period equals 120% or more of the Accreted Value thereof on sum of the trading issue price and accrued original issue discount for such LYON to the day immediately preceding the first day of the relevant Contingent Interest Periodsix-month period. The amount of contingent interest payable per $1,000 Principal Amount at Final Maturity hereof LYON in respect of any Contingent Interest Period shall quarterly period within a six-month period in which contingent interest is payable will equal the greater of (xa) Cash Dividends the amount of regular cash dividends paid by the Company us per share of Class A Common Stock on our common stock during that Contingent Interest Period quarterly period multiplied by the number of shares of Class A Common Stock into common stock issuable upon conversion of a LYON or (b) 0.0625% of such average market price of a LYON for the five trading day period referred to above, except that if we have declare a dividend for which $1,000 Principal Amount at Final Maturity hereof is convertible pursuant the record date falls prior to paragraph 8 hereof as the first day of a six-month period but the accrual payment date falls within such six- month period, then the five trading day period for such determining the average market price of a LYON to calculate the amount of contingent interest or (y) 0.125% of will be the average Security Price for five trading days ending on the Five-Day Period with respect to second trading day immediately preceding such Contingent Interest Periodrecord date. Contingent interest, if any, will accrue and be payable to Holders holders of LYONs as of the 15th xxxord date for the related common stock dividend or, if no cash dividend is paid by us during a quarter within the relevant six-month period, to holders of LYONs as of the xxxxeenth day preceding the last day of the relevant Contingent Interest Period (a "Contingent Interest Record Date")six-month period. Such payments shall will be paid on the payment date of the related common stock dividend or, if no cash dividend is paid by us during a quarter within the relevant six-month period, on the last day of the relevant Contingent Interest Periodsix-month period. Contingent The original issue discount will continue to accrue at the yield to maturity whether or not contingent interest calculates pursuant to this paragraph 10 shall be paid on the last day of the relevant Contingent Interest Period (a "Contingent Interest Payment Date")is paid.

Appears in 1 contract

Samples: Credit Agreement (Stilwell Financial Inc)

Contingent Interest. Subject to the accrual and record date Common Stock Record Date provisions specified in this paragraph 105, the Company shall pay contingent interest to the Holders during any six-month period (a "Contingent Interest Period") from January 28 20 to July 27 19 and from July 28 20 to January 2719, commencing with the six-month period beginning January 2820, 2007, if the average Security Note Price for the Five-Day Period with respect to such Contingent Interest Period equals 120% or more of the Accreted Value thereof on of such Note to the trading day Trading Day immediately preceding the first day of the relevant Contingent Interest Period. The amount of contingent interest payable per $1,000 Principal Amount at Final Maturity hereof in respect of any Contingent Interest Period shall equal the greater of (x) Cash Dividends paid by the Company per share of Class A Common Stock during that Contingent Interest Period multiplied by the number of shares of Class A Common Stock into which $1,000 Principal Amount at Final Maturity hereof is convertible pursuant to paragraph 8 9 hereof as of the accrual date for such contingent interest or and (y) 0.125% of the average Security Note Price for the Five-Day Period with respect to such Contingent Interest Period. Contingent interest, if any, will accrue and be payable to Holders as of the Common Stock Record Date for the related Cash Dividend or, if no Cash Dividend is paid by the Company during a Contingent Interest Period, to Holders as of the 15th day preceding the last day of the relevant Contingent Interest Period (a "Contingent Interest Record Date")Period. Such payments shall be paid on the payment date of the related Cash Dividend or, if no Cash Dividend is paid by the Company during a Contingent Interest Period, on the last day of the relevant Contingent Interest Period. In addition, on any Purchase Date, Fundamental Change Purchase Date or Redemption Date that occurs during a Contingent Interest Period for which a Holder is entitled to contingent interest calculates pursuant to this paragraph 10 shall clause (y) of the preceding paragraph, contingent interest will be paid payable to such Holder in an amount equal to the amount that would have been otherwise payable to such Holder on the last day of the relevant such Contingent Interest Period (a "divided by the actual number of days from the first day of such Contingent Interest Payment Date to the Purchase Date"), Fundamental Change Purchase Date or Redemption Date, as the case may be, using a 360-day year composed of twelve 30-day months.

Appears in 1 contract

Samples: First Supplemental Indenture (Masco Corp /De/)

Contingent Interest. Subject to the accrual and record date provisions specified in this paragraph 105, the Company shall pay contingent interest to the Holders during any six-month period (a "Contingent Interest Period") from January 28 June 4 to July 27 December 3 and from July 28 December 4 to January 27June 3, commencing with the initial six-month period beginning January 28commencing June 4, 20072006, if the average Security LYON Market Price for the Five-Day Period with respect to such Contingent Interest Period equals 120% or more of the Accreted Value thereof on sum of the Issue Price and Accrued Original Issue Discount of a Security to the trading day immediately preceding the first day of the relevant Contingent Interest Period. The amount of contingent interest payable per $1,000 Principal Amount at Final Maturity hereof in respect of any Contingent Interest Period shall equal the sum of any contingent interest payable in the first and second three-month periods during such Contingent Interest Period. During any such three-month period, the amount of any contingent interest payable shall be equal to the greater of (x) Cash Dividends paid by the Company per share of Class A Common Stock during that Contingent Interest Period multiplied by the number of shares of Class A Common Stock into which $1,000 Principal Amount at Final Maturity hereof is convertible pursuant to paragraph 8 hereof as of the accrual date for such contingent interest or (y) 0.1250.625% of the average Security LYON Market Price for the Five-Day Period with respect to such Contingent Interest PeriodPeriod and (y) the sum of any Regular Cash Dividends paid by the Company per share of Common Stock during such three-month period multiplied by the number of shares of Common Stock into which $1,000 Principal Amount at Maturity hereof is convertible pursuant to paragraph 9 hereof as of the accrual date for such contingent interest. Contingent interest, if any, will accrue and be payable to Holders as of the 15th day (whether or not a Business Day) preceding the last day of the relevant Contingent Interest Period (or, if any Regular Cash Dividends are paid by the Company during a "Contingent Interest Record Date")Period, to Holders as of the record date for the related Regular Cash Dividend. Such payments shall be paid on the last day of the relevant Contingent Interest Period or, if Regular Cash Dividends are paid by the Company during a Contingent Interest Period. Contingent interest calculates pursuant to this paragraph 10 shall be paid , on the last day payment date of the relevant Contingent Interest Period (a "Contingent Interest Payment Date")related Regular Cash Dividend. Original Issue Discount will continue to accrue at 3% per annum whether or not contingent interest is paid.

Appears in 1 contract

Samples: Indenture (Vishay Intertechnology Inc)

Contingent Interest. Subject to the accrual and record date provisions specified in this paragraph 105, the Company shall pay contingent interest to the Holders during any six-month period (a "Contingent Interest Period") from January 28 May 11 to July 27 November 10 and from July 28 November 11 to January 27May 10, commencing with the six-month period beginning January 28after May 11, 20072003, if the average Security Note Price for the Five-Day Period with respect to such Contingent Interest Period equals 120% or more of the Accreted Value thereof on of such Note to the trading day immediately preceding the first day of the relevant Contingent Interest Period. The amount of contingent interest payable per $1,000 Principal Amount at Final Maturity hereof in respect of any Contingent Interest Period shall equal the greater of (x) Cash Dividends paid by the Company per share of Class A Common Stock during that Contingent Interest Period multiplied by the number of shares of Class A Common Stock into which $1,000 Principal Amount at Final Maturity hereof is convertible pursuant to paragraph 8 10 hereof as of the accrual date for such contingent interest or and (y) 0.125% of the average Security Note Price for the Five-Day Period with respect to such Contingent Interest Period, except that no contingent interest payment shall exceed 1.62% of the Accreted Value of the Notes at the beginning of the relevant Contingent Interest Period. Contingent interest, if any, will accrue and be payable to Holders as of the record date for the related Cash Dividend or, if no Cash Dividend is paid by the Company during any quarter within a Contingent Interest Period, to Holders as of the 15th day preceding the last day of the relevant Contingent Interest Period (a "Contingent Interest Record Date")Period. Such payments shall be paid on the payment date of the related Cash Dividend or, if no Cash Dividend is paid by the Company during any quarter within a Contingent Interest Period, on the last day of the relevant Contingent Interest Period. In addition, on any Purchase Date, Fundamental Change Purchase Date or Redemption Date that occurs during a Contingent Interest Period for which a Holder is entitled to contingent interest calculates pursuant to this paragraph 10 shall clause (y) of the preceding paragraph, contingent interest will be paid payable to such Holder in an amount equal to the amount that would have been otherwise payable to such Holder on the last day of the relevant such Contingent Interest Period (a "divided by the actual number of days from the first day of such Contingent Interest Payment Date to the Purchase Date"), Fundamental Change Purchase date or Redemption, as the case may be, using a 360-day year composed of twelve 30-day months.

Appears in 1 contract

Samples: Eleventh Supplemental Indenture (Horton D R Inc /De/)

Contingent Interest. Subject to the accrual and record date provisions specified in this paragraph 105, the Company shall pay contingent interest to the Holders during any six-month period (a "Contingent Interest Period") from January 28 August 14 to July 27 February 13 and from July 28 February 14 to January 27August 13, commencing with the six-month period beginning January 28August 14, 20072006, if the average Security LYON Market Price for the Five-Day Period with respect to such Contingent Interest Period equals 120% or more of the Accreted Value thereof on sum of the trading Issue Price of a Security and Original Issue Discount accrued thereon to the day immediately preceding the first day of the relevant Contingent Interest Period. The amount of contingent interest payable per $1,000 Principal Amount at Final Maturity hereof in respect of any Quarterly Period within a Contingent Interest Period shall equal the greater of (x) Regular Cash Dividends paid by the Company Parent per share of Class A Common Stock during that Contingent Interest Quarterly Period multiplied by the number of shares of Class A Common Stock into which $1,000 Principal Amount at Final Maturity hereof is convertible exchangeable pursuant to paragraph 8 9 hereof as of the accrual date for such contingent interest or (y) 0.125% of the average Security Price for the Five-Day Period with respect to such Contingent Interest Period$0.06 multiplied by 14.3657. Contingent interest, if any, will accrue and be payable to Holders as of the record date for the related Regular Cash Dividend or, if no Regular Cash Dividend is paid by the Parent during a Quarterly Period, to Holders as of the 15th day (whether or not a Business Day) preceding the last day of the relevant Contingent Interest Period (a "Contingent Interest Record Date")Period. Such payments shall be paid on the payment date of the related Regular Cash Dividend or, if no Regular Cash Dividend is paid by the Parent during any Quarterly Period, on the last day of the relevant Contingent Interest Period. Contingent Original Issue Discount will continue to accrue at 1.50% per annum whether or not contingent interest calculates pursuant to this paragraph 10 shall be paid on the last day of the relevant Contingent Interest Period (a "Contingent Interest Payment Date")is paid.

Appears in 1 contract

Samples: Indenture (Eaton Vance Corp)

Contingent Interest. Subject to the accrual and record date provisions specified in this paragraph 105, the Company shall pay contingent interest to the Holders during any six-month period (a "Contingent Interest Period") from January 28 May 9 to July 27 November 8 and from July 28 November 9 to January 27May 8, commencing with the six-month period beginning January 28May 9, 20072004, if the average Security LYON Market Price for the Five-Day Period with respect to such Contingent Interest Period equals 120% or more of the Accreted Value thereof on sum of the trading Issue Price of a Security and Original Issue Discount accrued thereon to the day immediately preceding the first day of the relevant Contingent Interest Period. The amount of contingent interest payable per $1,000 Principal Amount at Final Maturity hereof in respect of any Quarterly Period within a Contingent Interest Period shall equal the greater of (xi) Regular Cash Dividends paid by the Company per share of Class A Common Stock during that Contingent Interest Quarterly Period multiplied by the number of shares of Class A Common Stock into which $1,000 Principal Amount at Final Maturity hereof is convertible pursuant to paragraph 8 9 hereof as of the accrual date for such contingent interest or (yii) 0.125% $.06 multiplied by such number of the average Security Price for the Five-Day Period with respect to such Contingent Interest Periodshares. Contingent interest, if any, will accrue and be payable to Holders as of the 15th record date for the related Regular Cash Dividend or, if no Regular Cash Dividend is paid by the Company during a Quarterly Period, to Holders as of the 15/th/ day preceding the last day of the relevant Contingent Interest Period (a "Contingent Interest Record Date")Period. Such payments shall be paid on the payment date of the related Regular Cash Dividend or, if no Regular Cash Dividend is paid by the Company during any Quarterly Period, on the last day of the relevant Contingent Interest Period. Contingent Original Issue Discount will continue to accrue at .75% per annum whether or not contingent interest calculates pursuant to this paragraph 10 shall be paid on the last day of the relevant Contingent Interest Period (a "Contingent Interest Payment Date")is paid.

Appears in 1 contract

Samples: Indenture (Marriott International Inc /Md/)

Contingent Interest. Subject to the accrual and record date provisions specified in this paragraph 105, the Company shall pay contingent interest to the Holders during any six-month period (a "Contingent Interest Period") from January 28 February 8 to July 27 August 7 and from July 28 August 8 to January 27February 7, commencing with the initial six-month period beginning January 28commencing after February 8, 20072006, if the average Security Securities Market Price for the Five-Day Period with respect to such Contingent Interest Period equals 120% or more of the sum of the Initial Accreted Value thereof on Principal Amount and the Issue Discount accrued thereon to the trading day immediately preceding the first day of the relevant Contingent Interest Period. The amount of contingent interest payable per $1,000 Principal Amount at Final Maturity hereof in respect of any Contingent Interest Period shall equal the greater of (x) Cash Dividends paid by the Company per share of Class A Common Stock during that Contingent Interest Period multiplied by the number of shares of Class A Common Stock into which $1,000 Principal Amount at Final Maturity hereof is convertible pursuant to paragraph 8 hereof as of the accrual date for such contingent interest or (y) 0.125% of the average Security Securities Market Price for the Five-Day Period with respect to such Contingent Interest PeriodPeriod and (y) a Fixed Amount multiplied by the Conversion Rate as of the accrual date for such contingent interest. The Fixed Amount shall be equal to twice the quarterly dividend per share declared by the Company in the third calendar quarter of 2004 with respect to earnings for the preceding calendar quarter and shall be adjusted whenever the Conversion Rate is adjusted pursuant to Section 11.06 of the Indenture by multiplying the then-current Fixed Amount by a fraction, the numerator of which is the Conversion Rate in effect immediately prior to the adjustment thereof and the denominator of which is the Conversion Rate as so adjusted. Contingent interest, if any, will accrue and be payable to Holders as of the 15th day (whether or not a Business Day) preceding the last day of the relevant Contingent Interest Period (a "Contingent Interest Record Date")Period. Such payments shall be paid on the last day of the relevant Contingent Interest Period. Contingent Issue Discount will continue to accrue at 1% per annum whether or not contingent interest calculates pursuant to this paragraph 10 shall be paid on the last day of the relevant Contingent Interest Period (a "Contingent Interest Payment Date")is paid.

Appears in 1 contract

Samples: Indenture (Countrywide Home Loans Inc)

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