Dividends or Distributions Payable in Class A Ordinary Shares. In case the Company shall pay or make a dividend or other distribution on Class A Ordinary Shares or ADSs payable in Class A Ordinary Shares or ADSs, as applicable (in which case, for the avoidance of doubt, the holders of Series A-1 Preferred Shares shall not participate), the Conversion Price in effect at the opening of business on the day following the date fixed for the determination of shareholders entitled to receive such dividend or other distribution shall be reduced by multiplying such Conversion Price by a fraction the numerator of which shall be the number of Class A Ordinary Shares or ADSs, as applicable, outstanding at the close of business on the record date fixed for such determination and the denominator of which shall be the sum of such number of Class A Ordinary Shares or ADSs, as applicable, outstanding at the close of business on the record date fixed for such determination and the total number of Class A Ordinary Shares or ADSs, as applicable, constituting such dividend or other distribution, such reduction to become effective retroactively to a date immediately following the close of business on the record date for the determination of the holders entitled to such dividends and distributions. For the purposes of this Section 7.6(b), the number of Class A Ordinary Shares or ADSs, as applicable, at any time outstanding shall not include shares held in the treasury of the Company. The Company will not pay any dividend or make any distribution on Class A Ordinary Shares or ADSs, as applicable, held in the treasury of the Company.
Appears in 2 contracts
Samples: Investment Agreement (Blackstone Tactical Opportunities Management Associates (Cayman) - NQ L.P.), Investment Agreement (VNET Group, Inc.)
Dividends or Distributions Payable in Class A Ordinary Shares. In case the Company shall pay or make a dividend or other distribution on Class A Ordinary Shares or ADSs payable in Class A Ordinary Shares or ADSs, as applicable (in which case, for the avoidance of doubt, the holders of Series A-1 Preferred Shares Holder shall not participate), the Conversion Price in effect at the opening of business on the day following the date fixed for the determination of shareholders entitled to receive such dividend or other distribution shall be reduced by multiplying such Conversion Price by a fraction the numerator of which shall be the number of Class A Ordinary Shares or ADSs, as applicable, outstanding at the close of business on the record date fixed for such determination and the denominator of which shall be the sum of such number of Class A Ordinary Shares or ADSs, as applicable, outstanding at the close of business on the record date fixed for such determination and the total number of Class A Ordinary Shares or ADSs, as applicable, constituting such dividend or other distribution, such reduction to become effective retroactively to on a date immediately following the close of business on the record date for the determination of the holders shareholders entitled to such dividends and distributions. For the purposes of this Section 7.6(b), the number of Class A Ordinary Shares or ADSs, as applicable, at any time outstanding shall not include shares held in the treasury of the Company. The Company will not pay any dividend or make any distribution on Class A Ordinary Shares or ADSs, as applicable, held in the treasury of the Company.
Appears in 2 contracts
Samples: Investment Agreement (Blackstone Tactical Opportunities Management Associates (Cayman) - NQ L.P.), Investment Agreement (VNET Group, Inc.)
Dividends or Distributions Payable in Class A Ordinary Shares. In case the Company shall pay or make a dividend or other distribution on Class A Ordinary Shares or ADSs payable in Class A Ordinary Shares or ADSs, as applicable (in which case, for the avoidance of doubt, the holders of Series A-1 A Preferred Shares shall not participate), the Conversion Price in effect at the opening of business on the day following the date fixed for the determination of shareholders entitled to receive such dividend or other distribution shall be reduced by multiplying such Conversion Price by a fraction the numerator of which shall be the number of Class A Ordinary Shares or ADSs, as applicable, outstanding at the close of business on the record date fixed for such determination and the denominator of which shall be the sum of such number of Class A Ordinary Shares or ADSs, as applicable, outstanding at the close of business on the record date fixed for such determination and the total number of Class A Ordinary Shares or ADSs, as applicable, constituting such dividend or other distribution, such reduction to become effective retroactively to a date immediately following the close of business on the record date for the determination of the holders entitled to such dividends and distributions. For the purposes of this Section 7.6(b), the number of Class A Ordinary Shares or ADSs, as applicable, at any time outstanding shall not include shares held in the treasury of the Company. The Company will not pay any dividend or make any distribution on Class A Ordinary Shares or ADSs, as applicable, held in the treasury of the Company.
Appears in 1 contract