Convertibility. (a) The Holders of the Notes will be entitled at any time after the Amendment Date and on or prior to the Final Maturity Date to convert any or all of their Notes into shares of Common Stock at the Conversion Price per share. The amount of shares of Common Stock to be delivered shall be the aggregate principal amount of the Notes delivered for conversion plus the amount of accrued and unpaid interest thereon divided by the Conversion Price then in effect.
Convertibility. (i) Each holder of record of a share of Class 1 Common may, without cost to such holder and at such holder’s option, convert shares of Class 1 Common into fully paid and nonassessable shares of Class A Common at the rate of one share of Class A Common for each share of Class 1 Common surrendered for conversion; provided, a holder of shares of Class 1 Common may only convert such shares if such holder immediately sells the shares of Class A Common received upon such conversion in either a transaction effected through the facilities of the stock exchange or other trading market on which the Class A Stock is then actively traded (a “Market Transaction”) or a bona fide arm’s-length transaction with an unrelated party (a “Qualifying Private Transaction”) or in connection with any offering registered under the Securities Act of 1933, as amended (the “Securities Act”). Any such conversion may be effected by any holder of Class 1 Common by (x) surrendering (by electronic delivery or otherwise) at the office of the transfer agent for the Class A Common (the “Conversion Agent”) such holder’s shares of Class 1 Common to be converted, (y) delivering to the Conversion Agent a notice or other instructions (which may be written or given electronically through any automated transaction system maintained by the Conversion Agent) that such holder elects to convert all or a specified number of such shares of Class 1 Common, and (z) delivering to the Conversion Agent either (1) instructions to sell the shares of Class A Common issuable upon such conversion on behalf of such holder (which instructions may be given in accordance with any account agreement in place between such holder and the Conversion Agent), or (2) a certificate stating that such holder has sold the shares of Class A Common issuable upon such conversion in a Market Transaction or Qualifying Private Transaction or in connection with an offering registered under the Securities Act, together with a stock power or other transfer instructions identifying the person or persons in whose name the shares of Class A Common issuable upon such conversion are to be issued. Promptly thereafter, the Corporation shall issue and deliver the number of shares of Class A Common to which such holder shall be entitled as aforesaid in accordance with the instructions to sell or transfer instructions delivered to the Conversion Agent. Such conversion shall be made as of the close of business on the date of surrender and delivery to ...
Convertibility. The terms and conditions of the underlying Debt shall be so modified or amended as to include a convertibility provision allowing the Investor to convert into common voting stock at the price of 50 % discount of the average three deep bid on the day of conversion.
Convertibility. Nothing herein shall be deemed to restrict the right of conversion of this Note as elsewhere provided herein.
Convertibility. The terms and conditions of the underlying Debt shall be so modified or amended as to include a convertibility provision allowing the Investor to convert into common voting stock ninety days after the effective date of this Agreement (the “Conversion Shares”) at the price of 20% discount of the average closing price over the five trading days prior to the day of conversion (the “Conversion Price”).
Convertibility. Until the automatic extension date of July 1, 2001 (as described in Section 2.4), the New Loan will be convertible, in full or in part, into common stock of Global Med at $1.00 per share.
Convertibility. 2.11.1 By giving a notice on a Business Day (a “Conversion Notice”) to the other party hereto at any time prior to the close of business on the Business Day immediately preceding the Maturity Date, a party hereto may elect to convert all or any part of the unpaid principal amount of the Subordinated Loan and, subject to the exercise by the Borrower of the Cash Interest Option, accrued and unpaid interest thereon into Shares at the Conversion Price, the number of which Shares shall be determined by dividing the amount to be so converted (including, subject to the Cash Interest Option, any accrued and unpaid interest thereon) by the Conversion Price. No fractional Share shall be issued upon conversion of any portion of the Subordinated Loan and accrued and unpaid interest thereon. Any fraction of Share shall be paid in cash by the Borrower on the Conversion Date as indicated hereinafter.
Convertibility. As promptly as practicable following the Closing Date, the Company shall take all action necessary in order to make the Notes convertible by the Purchasers through the Trustee, the Company’s transfer agent and facilities of The Depositary Trust Company, as applicable, in each case, in accordance with the Indenture. If the Notes are initially issued in physical form, the Company covenants to take all action necessary to make the Notes convertible through The Depositary Trust Company as promptly as practicable upon such Notes being exchanged for global notes held through the facilities of The Depositary Trust Company. The Company further covenants to maintain the convertibility of the Notes with The Depositary Trust Company and the Trustee for so long as the Notes are outstanding. Nothing in this Section 4.24 shall be deemed to override the limitations on conversion in Section 10.01 of the Indenture.
