Dividend or Interest Reinvestment Plans. (a) Notwithstanding the foregoing provisions, the issuance of any shares of Capital Stock pursuant to any present or future plan providing for the reinvestment of dividends or interest payable on securities of the Company and the investment of additional optional amounts in shares of Capital Stock under any such plan, and the issuance of any shares of Capital Stock or options or rights to purchase such shares pursuant to any employee benefit plan or program of the Company or pursuant to any option, warrant, right or exercisable, exchangeable or convertible security outstanding as of the date the Securities were first issued, shall not be deemed to constitute an issuance of Capital Stock or exercisable, exchangeable or convertible securities by the Company to which any of the adjustment provisions described above applies. (b) There shall also be no adjustment of the Applicable Conversion Price in case of the issuance of any stock (or securities convertible into or exchangeable for stock) of the Company except as specifically described in this Article XIII.
Appears in 4 contracts
Samples: Indenture (Chemed Capital Trust), Indenture (Chemed Corp), Indenture (Chemed Capital Trust)
Dividend or Interest Reinvestment Plans. (a) Notwithstanding the foregoing provisions, the issuance of any shares of Capital Common Stock pursuant to any present or future plan providing for the reinvestment of dividends or interest payable on securities of the Company and the investment of additional optional amounts in shares of Capital Common Stock under any such plan, and the issuance of any shares of Capital Common Stock or options or rights to purchase such shares pursuant to any employee benefit plan or program of the Company or pursuant to any option, warrant, right or exercisable, exchangeable or convertible security outstanding as of the date the Securities were first issued, shall not be deemed to constitute an issuance of Capital Common Stock or exercisable, exchangeable or convertible securities by the Company to which any of the adjustment provisions described above applies.
(b) There shall also be no adjustment of the Applicable Conversion Price in case of the issuance of any stock (or securities convertible into or exchangeable for stock) of the Company except as specifically described in this Article XIII.
Appears in 3 contracts
Samples: Indenture (Calpine Capital Trust), Indenture (Budget Group Inc), Indenture (Calpine Corp)
Dividend or Interest Reinvestment Plans. (a) Notwithstanding the foregoing provisions, the issuance of any shares of Capital Sun Common Stock pursuant to any present or future plan providing for the reinvestment of dividends or interest payable on securities of the Company and the investment of additional optional amounts in shares of Capital Sun Common Stock under any such plan, and the issuance of any shares of Capital Sun Common Stock or options or rights to purchase such shares pursuant to any employee benefit plan or program of the Company or pursuant to any option, warrant, right or exercisable, exchangeable or convertible security outstanding as of the date the Securities Convertible Debentures were first issued, shall not be deemed to constitute an issuance of Capital Sun Common Stock or exercisable, exchangeable or convertible securities by the Company to which any of the adjustment provisions described above applies.
(b) . There shall also be no adjustment of the Applicable Conversion Price conversion price in case of the issuance of any stock (or securities convertible into or exchangeable for stock) of the Company except as specifically described in this Article XIIIThirteen.
Appears in 2 contracts
Samples: Indenture (Sun Healthcare Group Inc), Indenture (Sun Healthcare Group Inc)
Dividend or Interest Reinvestment Plans. (a) Notwithstanding the foregoing provisions, the issuance of any shares of Capital Common Stock pursuant to any present or future plan providing for the reinvestment of - 91 - 100 dividends or interest payable on securities of the Company and the investment of additional optional amounts in shares of Capital Common Stock under any such plan, and the issuance of any shares of Capital Common Stock or options or rights to purchase such shares pursuant to any present or future employee benefit plan or program of the Company or pursuant to any option, warrant, right or exercisable, exchangeable or convertible security outstanding as of the date the Securities were first issuedhereof, shall not be deemed to constitute an issuance of Capital Common Stock or exercisable, exchangeable or convertible securities by the Company to which any of the adjustment provisions described above applies.
(b) . There shall also be no adjustment of the Applicable Conversion Price conversion price in case of the issuance of any stock (or securities convertible into or exchangeable for stock) of the Company except as specifically described in this Article XIII.
Appears in 1 contract
Samples: Indenture (Finova Finance Trust)
Dividend or Interest Reinvestment Plans. (a) Notwithstanding the foregoing provisions, the issuance of any shares of Capital Common Stock pursuant to any present or future plan providing for the reinvestment of dividends or interest payable on securities of the Company and the investment of additional optional amounts in shares of Capital Common Stock under any such plan, and the issuance of any shares of Capital Common Stock or options or rights to purchase such shares pursuant to any employee benefit plan or program of the Company or pursuant to any 99 94 option, warrant, right or exercisable, exchangeable or convertible security outstanding as of the date the Securities were first issued, shall not be deemed to constitute an issuance of Capital Common Stock or exercisable, exchangeable or convertible securities by the Company to which any of the adjustment provisions described above applies.
(b) There shall also be no adjustment of the Applicable Conversion Price in case of the issuance of any stock (or securities convertible into or exchangeable for stock) of the Company except as specifically described in this Article XIII.
Appears in 1 contract
Samples: Indenture (Coltec Capital Trust)
Dividend or Interest Reinvestment Plans. (a) Notwithstanding the foregoing provisions, the issuance of any shares of Capital Common Stock pursuant to any present or future plan providing for the reinvestment of dividends or interest payable on securities of the Company Rollins and the investment of ox additional optional amounts in shares of Capital Common Stock under any such plan, and the issuance of any shares of Capital Common Stock or options or rights to purchase such shares pursuant to any employee benefit plan or program of the Company Rollins or pursuant to any optionoxxxxx, warrant, right or exercisable, exchangeable or convertible security outstanding as of the date the Securities were Debenture was first issued, shall not be deemed to constitute an issuance of Capital Common Stock or exercisable, exchangeable or convertible securities by the Company Rollins to which any of the adjustment xxxxxxxent provisions described above applies.
(b) . There shall also be no adjustment of the Applicable Conversion Price in case of the issuance of any stock (or securities convertible into or exchangeable for stock) of the Company Rollins except as specifically spxxxxxxxlly described in this Article XIIISection 7.
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