Conversion After a Public Acquirer Change of Control Sample Clauses

Conversion After a Public Acquirer Change of Control. (a) If a Public Acquirer Change of Control occurs, the Company may, in lieu of increasing the Conversion Rate by the Additional Common Stock pursuant to Section 2.01(c), elect to adjust the Conversion Rate such that from and after the effective date of such Public Acquirer Change of Control, Holders of the Notes will be entitled to convert their Notes into a number of shares of Public Acquirer Common Stock by adjusting the Conversion Rate in effect immediately before the Public Acquirer Change of Control by multiplying it by a fraction:
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Conversion After a Public Acquirer Change of Control. (a) In the event of a Public Acquirer Change of Control, the Company may, in lieu of increasing the Conversion Rate by Additional Shares pursuant to Section 12.2(f), elect (subject to the satisfaction of the provisions of this Section 12.3) to adjust the Conversion Rate and the related conversion obligation such that from and after the Effective Date of such Public Acquirer Change of Control, holders will be entitled to convert their Securities, in accordance with Section 12.1 hereof and paragraph 7 of the Securities into a number of shares of Public Acquirer Common Stock by adjusting the Conversion Rate in effect immediately before the Public Acquirer Change of Control by multiplying it by a fraction:
Conversion After a Public Acquirer Change of Control. (a) In the event of a Public Acquirer Change of Control, the Company may, in lieu of increasing the Conversion Rate by Additional Shares pursuant to Section 12.03 above and in lieu of application of Section 12.05, elect to adjust the Conversion Rate and the related Conversion Obligation such that from and after the Effective Date of such Public Acquirer Change of Control, Holders shall be entitled to convert their Securities, subject to the conditions in Section 12.01(a), into cash and a number of shares of Public Acquirer Common Stock, if applicable, in accordance with Section 12.01. The adjusted Conversion Rate shall be the Conversion Rate in effect immediately before the Public Acquirer Change of Control by multiplying it by a fraction:
Conversion After a Public Acquirer Change of Control. Notwithstanding Section 10.3(c), in the case of a Public Acquirer Change of Control, the Company may, in substitution of providing the consideration described in Section 10.3(c), elect to change the Conversion Obligation in connection with such Public Acquirer Change of Control by providing notice to Holders of such election (a “Public Acquirer Change of Control Notice”) not less than 3 Business Days nor more than 30 Business Days prior to the effective date of the relevant Public Acquirer Change of Control. In the event the Company provides such Public Acquirer Change of Control Notice, from and after the Repurchase Date, Holders of Securities will be entitled to convert their Securities into cash and shares of Public Acquirer Common Stock (as defined below) by dividing the Conversion Price in effect immediately before the Public Acquirer Change of Control by a fraction:
Conversion After a Public Acquirer Change of Control. In the event of a Public Acquirer Change of Control, the Company may, in lieu of increasing the Conversion Rate by the Additional Ordinary Shares pursuant to Section 10.23 of the Indenture, elect to adjust the Conversion Rate such that from and after the Effective Date of such Public Acquirer Change of Control, Holders of the Securities will be entitled to convert their Securities into a number of shares of Public Acquirer Common Stock by adjusting the Conversion Rate in effect immediately before the Public Acquirer Change of Control by multiplying it by a fraction: the numerator of which will be (i) in the case of a share exchange, consolidation, merger or binding share exchange, pursuant to which the Ordinary Shares are converted into cash, securities or other property, the average value of all cash and any other consideration (as determined by the Board of Directors) paid or payable per Ordinary Share or (ii) in the case of any other Public Acquirer Change of Control, the average of the Closing Sale Price of the Ordinary Shares for the five consecutive trading days prior to but excluding the Effective Date of such Public Acquirer Change of Control, and the denominator of which will be the average of the Closing Sale Price of the Public Acquirer Common Stock for the five consecutive Trading Days commencing on the Trading Day next succeeding the effective date of such Public Acquirer Change of Control.
Conversion After a Public Acquirer Change of Control. (a) In the event of a Public Acquirer Change of Control, the Company may, in lieu of increasing the Applicable Conversion Rate by Additional Shares pursuant to Section 12.03 above and in lieu of application of Section 12.05, elect to adjust the Conversion Obligation such that from and after the Effective Date of such Public Acquirer Change of Control, Holders shall be entitled to convert their Securities, subject to the conditions in Section 12.01(a), into a number of shares of Public Acquirer Common Stock, still subject to the Company’s right to elect to deliver cash and shares of Common Stock and the arrangements for payment upon conversion as set forth under Section 12.01 above. If the Company shall make such election in the manner described below, from and after the effect time of such Public Acquirer Change of Control:
Conversion After a Public Acquirer Change of Control. (a) In the event of a Public Acquirer Change of Control, the Company may, in lieu of increasing the Conversion Rate by Additional Shares pursuant to Section 6, elect to adjust the Conversion Rate and the related conversion obligation such that from and after the Effective Date of such Public Acquirer Change of Control, Holders shall be entitled to convert their Notes into a number of shares of Public Acquirer Common Stock, still subject to the arrangements for payment upon conversion in Section 4. The adjusted Conversion Rate shall be the Conversion Rate in effect immediately before the Public Acquirer Change of Control multiplied by a fraction:
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Conversion After a Public Acquirer Change of Control. (a) In the event of a Public Acquirer Change of Control that occurs prior to December 15, 2011, the Company, in lieu of paying the Make-Whole Premium pursuant to Article XIV, may elect to adjust the Conversion Price such that from and after the Effective Date of such Public Acquirer Change of Control, Holders shall be entitled to convert their Securities into a number of shares of Public Acquirer Common Stock in accordance with Section 13.02. The adjusted Conversion Price shall be the Conversion Price in effect immediately before the Public Acquirer Change of Control multiplied by a fraction:
Conversion After a Public Acquirer Change of Control. (a) Notwithstanding Section 12.15, in the event of a Public Acquirer Change of Control, the Company may, in lieu of issuing the additional Common Stock pursuant to Section 12.15, elect to adjust its Conversion Obligation and the Conversion Rate such that from and after the Effective Date of such Public Acquirer Change of Control, Holders of the Securities shall be entitled to convert their Securities, in accordance with Section 12.2 hereof, into cash and, to the extent the Conversion Value exceeds the principal amount of the Securities converted, shares of Public Acquirer Common Stock and the Conversion Rate in effect immediately before the Public Acquirer Change of Control shall be adjusted by multiplying it by a fraction:
Conversion After a Public Acquirer Change of Control. (a) In the event of a Public Acquirer Change of Control, the Company may, in lieu of increasing the Applicable Conversion Rate (or Settlement Amount, as applicable) by Additional Shares pursuant to Section 12.03 above and in lieu of application of Section 12.05, elect to adjust the Conversion Obligation such that from and after the Effective Date of such Public Acquirer Change of Control, Holders shall be entitled to convert their Securities, subject to the conditions in Section 12.01(a), into a number of shares of Public Acquirer Common Stock, still subject to the Company’s right to elect to deliver cash, shares of Common Stock, or a combination thereof, and the arrangements for payment upon conversion as set forth under Section 12.01(d) above. If the Company shall make such election in the manner described in Section 12.03(d) above, from and after the effect time of such Public Acquirer Change of Control:
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