Common use of Fractional Rights and Fractional Shares Clause in Contracts

Fractional Rights and Fractional Shares. (a) The Company shall not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(o) hereof, or to distribute Right Certificates which evidence fractional Rights. If the Company elects not to issue such fractional Rights, the Company shall pay, in lieu of such fractional Rights, to the registered holders of the Right Certificates with regard to which such fractional Rights would otherwise be issuable, an amount in cash equal to the same fraction of the Fair Market Value of a whole Right, as determined pursuant to Section 11(d) hereof.

Fractional Rights and Fractional Shares. (a) The Company shall not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(o11(p) hereof, or to distribute Right Rights Certificates which evidence or scrip evidencing fractional Rights. If the Company elects not to issue such fractional Rights, the Company shall pay, in In lieu of such fractional Rights, there shall be paid to the registered holders of the Right Rights Certificates with regard to which such fractional Rights would otherwise be issuable, an amount in cash equal to the same fraction of the Fair Market Value Closing Price of a whole Right, as determined pursuant one Right for the Trading Day immediately prior to Section 11(d) hereofthe date on which such fractional Rights would have been otherwise issuable.

Fractional Rights and Fractional Shares. (a) The Company shall not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(o) hereof, Rights or to distribute Right Certificates which evidence that represent fractional Rights. If the Company elects shall determine not to issue such fractional Rights, the Company shall pay, in lieu of such fractional Rights, pay to the registered holders of the Right Certificates with regard respect to which such fractional Rights would otherwise be issuable, at the time such fractional Rights would otherwise have been issued as provided herein, an amount in cash equal to the same fraction of the Fair Current Market Value Price of a whole Right, as determined pursuant Right on the Business Day immediately prior to Section 11(d) hereofthe date upon which such fractional Rights would otherwise have been issuable.

Fractional Rights and Fractional Shares. (a) The Company shall not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(o) hereof, Rights or to distribute Right Certificates which evidence fractional Rights. If the Company elects not to issue such fractional Rights, the Company shall pay, in In lieu of such fractional Rights, there shall be paid to the registered holders of record of the Right Certificates with regard to which such fractional Rights would otherwise be issuable, an amount in cash equal to the same fraction of the Fair Market Value then current market value of a whole Right. For the purposes of this Section 14(a), the then current market value of a Right shall be determined in the same manner as the Current Market Price of a share of Common Stock shall be determined pursuant to Section 11(d) hereof.

Fractional Rights and Fractional Shares. (a) The Company shall is not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(o) hereof), or to distribute Right Certificates which evidence fractional Rights. If the Company elects not to issue such fractional Rights, the Company shall pay, in lieu of such fractional Rights, to the registered holders of the Right Certificates with regard to which such fractional Rights would otherwise be issuable, an amount in cash equal to the same fraction of the Fair Market Value of a whole Right, as determined pursuant to Section 11(d) hereof).

Fractional Rights and Fractional Shares. (a) 14.1 The Company shall not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(o) 11.15 hereof, or to distribute Right Certificates which evidence fractional Rights. If the Company elects not to issue such fractional Rights, the Company shall pay, in lieu of such fractional Rights, to the registered holders of the Right Certificates with regard to which such fractional Rights would otherwise be issuable, an amount in cash equal to the same fraction of the Fair Market Value of a whole Right, as determined pursuant to Section 11(d) 11.4 hereof.

Fractional Rights and Fractional Shares. (a) The Company shall not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(o) hereof, fractional Rights or to distribute Right Rights Certificates which evidence fractional Rights. If the Company elects shall determine not to issue such issued fractional Rights, the Company shall pay, in lieu of such issuing fractional Rights, to the registered holders of the Right Certificates Rights with regard respect to which such fractional Rights would otherwise be issuable, issuable an amount in cash equal to the same fraction of the Fair Market Value of a whole Right, (determined as determined pursuant to provided in Section 11(d) hereof.for the Trading Day immediately prior to the date on which such fractional Rights would otherwise have been issued)

Fractional Rights and Fractional Shares. (a) The Company shall not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(o) hereof, fractional Rights or to distribute Right Rights Certificates which evidence fractional Rights. If the Company elects shall determine not to issue such fractional Rights, the Company shall pay, in lieu of such fractional Rights, to the registered holders of the Right Certificates Rights with regard respect to which such fractional Rights would otherwise be issuable, an amount in cash equal to the same fraction of the Fair Market Value for the Trading Day immediately prior to the date on which such fractional Rights would otherwise have been issued of a whole Right, as determined pursuant to Section 11(d) hereofone Right in lieu of issuing fractional Rights.

Fractional Rights and Fractional Shares. (a) The Company shall not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(o11(p) hereof, or to distribute Right Rights Certificates which evidence fractional Rights. If the Company elects not to issue such fractional Rights, the Company shall pay, in lieu of such fractional Rights, to the registered holders of the Right Certificates with regard to which such fractional Rights would otherwise be issuable, an amount in cash equal to the same fraction of the Fair Market Value of a whole Right, as determined pursuant to Section 11(d) hereof.fractional

Fractional Rights and Fractional Shares. (a) The Company Corporation shall not be required to issue fractions of RightsRights or, except prior to the Distribution Date as provided in Section 11(o) hereof11(j), or to distribute Right Rights Certificates which evidence represent fractional Rights. If the Company elects Corporation determines not to issue such fractional Rights, the Company there shall pay, in lieu of such fractional Rights, be paid to the registered holders of the Right Rights Certificates with regard to which such fractional Rights would otherwise be issuable, an amount in cash equal to the same fraction of the Fair Market Value Closing Price of a whole Right, as determined pursuant Right on the Trading Day immediately prior to Section 11(d) hereofthe date on which such fractional Rights would have been otherwise issuable.

Fractional Rights and Fractional Shares. (a) a. The Company shall not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(o) hereof, Rights or to distribute Right Certificates which evidence fractional Rights. If the Company elects not to issue such fractional Rights, the Company shall pay, in In lieu of such fractional Rights, there shall be paid to the registered holders of record of the Right Certificates with regard to which such fractional Rights would otherwise be issuable, an amount in cash equal to the same fraction of the Fair Market Value then current market value of a whole Right. For the purposes of this Section 14(a), the then current market value of a Right shall be determined in the same manner as the Current Market Price of a share of Common Stock shall be determined pursuant to Section 11(d) hereof.

Fractional Rights and Fractional Shares. (a) The Company shall not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(o) hereof, Rights or to distribute Right Rights Certificates which evidence fractional Rights. If Upon the Company elects not to issue such Distribution Date, after aggregating the fractional Rights of each individual shareholder into whole Rights, the Company shall payany remaining fractions that do not equal a whole Right when aggregated, in lieu of such fractional Rights, to the registered holders of the Right Certificates with regard to and which such fractional Rights would otherwise be issuable, an amount in cash equal to the same fraction of the Fair Market Value of a whole Right, as determined pursuant to Section 11(d) hereofshall be cancelled without consideration.

Fractional Rights and Fractional Shares. (a) The Company shall not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(osection 11(p) hereof, or to distribute Right Rights Certificates which evidence or scrip evidencing fractional Rights. If the Company elects not to issue such fractional Rights, the Company shall pay, in In lieu of such fractional Rights, there shall be paid to the registered holders of the Right Rights Certificates with regard to which such fractional Rights would otherwise be issuable, an amount in cash equal to the same fraction of the Fair Market Value Closing Price of a whole Right, as determined pursuant one Right for the Trading Day immediately prior to Section 11(d) hereofthe date on which such fractional Rights would have been otherwise issuable.

Fractional Rights and Fractional Shares. (a) 14.1 The Company shall not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(o) 11.15 hereof, or to distribute Right Certificates which evidence fractional Rights. If the Company elects not to issue such fractional Rights, the Company shall pay, in lieu of such fractional Rights, to the registered holders Registered Holders of the Right Certificates with regard to which such fractional Rights would otherwise be issuable, an amount in cash equal to the same fraction of the Fair Market Value of a whole Right, as determined pursuant to Section 11(d) 11.4 hereof.

Fractional Rights and Fractional Shares. (a) The Company shall not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(o) hereof, Rights or to distribute Right Certificates which evidence fractional RightsRights (except prior to the Distribution Date in accordance with Section 11(n) hereof). If the Company elects not to issue In lieu of such fractional Rights, the Company shall pay, in lieu of such fractional Rights, pay to the registered holders of the Right Certificates with regard to which such fractional Rights would otherwise be issuable, an amount in cash equal to the same fraction of the Fair Market Value of a whole Right, as determined pursuant to Section 11(d) hereof.Rights

Fractional Rights and Fractional Shares. (a) The Company shall not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(o) hereof, or to distribute Right Certificates which evidence fractional Rights. If the Company elects not to issue such fractional Rights, the Company shall pay, in lieu of such fractional Rights, to the registered holders of the Right Certificates with regard to which such fractional Rights would otherwise be issuable, an amount in cash equal to the same fraction of the Fair Market Value of a whole Right, as determined pursuant to Section 11(d) hereof).

Fractional Rights and Fractional Shares. (a) The Company shall not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(o11(p) hereof, or to distribute Right Certificates which evidence fractional Rights. If the Company elects not to issue such fractional Rights, the Company shall pay, in lieu of such fractional Rights, to the registered holders of the Right Certificates with regard to which such fractional Rights would otherwise be issuable, an amount in cash equal to the same fraction of the Fair Market Value of a whole Right, as determined pursuant to Section 11(d) hereof.

Fractional Rights and Fractional Shares. (a) The Company shall not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(o) hereof, Rights or to distribute Right Certificates which evidence fractional RightsRights (i.e., Rights to acquire less than one one-hundredth (1/100) of a share of Series G Junior Preferred Stock), unless such fractional Rights result from a transaction referred to in Section 11(a)(i) hereof. If the Company elects shall determine not to issue such fractional Rights, the Company then any such fractions of Rights shall pay, in lieu of such fractional Rights, be rounded up to the registered holders of the Right Certificates with regard to which such fractional Rights would otherwise be issuable, an amount in cash equal to the same fraction of the Fair Market Value of a nearest whole Right, as determined pursuant to Section 11(d) hereofnumber.

Fractional Rights and Fractional Shares. (a) 14.1 The Company shall not be required to issue fractions of the Rights, except prior to the Distribution Date as provided in Section 11(o) hereof11.15, or to distribute Right Certificates which evidence fractional Rights. If the Company elects not to issue such fractional Rights, the Company shall pay, in lieu of such fractional Rights, to the registered holders of the Right Certificates with regard to which such fractional Rights would otherwise be issuable, an amount in cash equal to the same fraction of the Fair Market Value of a whole Right, as determined pursuant to Section 11(d) hereof11.4.

Fractional Rights and Fractional Shares. (a) The Company shall not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(o) hereof, or to distribute Right Certificates Rights which evidence fractional Rights. If the Company elects not to issue such fractional Rights, the Company shall pay, in In lieu of such fractional Rights, to the registered holders of the Right Certificates with regard to which such fractional Rights would otherwise there shall be issuable, paid an amount in cash equal to the same such fraction of the Fair Market Value market value of a whole Right. For purposes of this Section 14(a), the market value of a whole Right shall be the closing price (as determined pursuant to the term "closing price" is used in Section 11(d)) hereofof the Rights for the Trading Day immediately prior to the date on which such fractional Rights would have been otherwise issuable.

Fractional Rights and Fractional Shares. (a1) The Company shall not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(o11(p) hereof, or to distribute Right Rights Certificates which evidence or scrip evidencing fractional Rights. If the Company elects not to issue such fractional Rights, the Company shall pay, in In lieu of such fractional Rights, there shall be paid to the registered holders of the Right Rights Certificates with regard to which such fractional Rights would otherwise be issuable, an amount in cash equal to the same fraction of the Fair Market Value Closing Price of a whole Right, as determined pursuant one Right for the Trading Day immediately prior to Section 11(d) hereofthe date on which such fractional Rights would have been otherwise issuable.

Fractional Rights and Fractional Shares. (a) The Company shall not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(o11(p) hereof, or to distribute Right Rights Certificates which evidence fractional Rights. If Upon the Company elects not to issue such Distribution Date, after aggregating the fractional Rights of each individual shareholder into whole Rights, the Company shall payany remaining fractions that do not equal a whole Right when aggregated, in lieu of such fractional Rights, to the registered holders of the Right Certificates with regard to and which such fractional Rights would otherwise be issuable, an amount in cash equal to the same fraction of the Fair Market Value of a whole Right, as determined pursuant to Section 11(d) hereofshall be cancelled without consideration.

Fractional Rights and Fractional Shares. (a) .1 The Company Corporation shall not be required to issue fractions of RightsRights or, except prior to the Distribution Date as provided in Section 11(o) hereof11(j), or to distribute Right Rights Certificates which evidence represent fractional Rights. If the Company elects Corporation determines not to issue such fractional Rights, the Company there shall pay, in lieu of such fractional Rights, be paid to the registered holders of the Right Rights Certificates with regard to which such fractional Rights would otherwise be issuable, an amount in cash equal to the same fraction of the Fair Market Value Closing Price of a whole Right, as determined pursuant Right on the Trading Day immediately prior to Section 11(d) hereofthe date on which such fractional Rights would have been otherwise issuable.

Fractional Rights and Fractional Shares. (a) The Company shall not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(oSECTION 11(p) hereof, or to distribute Right Rights Certificates which that evidence fractional Rights. If After the Company elects not to issue such fractional Rights, the Company shall payDistribution Date, in lieu of such fractional Rights, there shall be paid to the registered holders of the Right Rights Certificates with regard to which such fractional Rights would otherwise be issuable, an amount in cash equal to the same fraction of the Fair Market Value current market value of a whole Right, as determined pursuant to Section 11(d) hereof.whole

Fractional Rights and Fractional Shares. (a) The Company shall not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(o) hereof, Rights or to distribute Right Certificates which evidence fractional RightsRights (except prior to the Distribution Date in accordance with Section 11(n) hereof). If the Company elects not to issue such fractional Rights, the Company shall pay, in In lieu of such fractional Rights, there shall be paid to the registered holders of the Right Certificates with regard to which such fractional Rights would otherwise be issuable, an amount in cash equal to the same fraction of the Fair Market Value of a whole Right, as determined pursuant to Section 11(d) hereof.fractional

Fractional Rights and Fractional Shares. (a) The Company shall not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(o) hereof, Rights or to distribute Right Certificates which evidence fractional Rights. If the Company elects not to issue such fractional Rights, the Company shall pay, in In lieu of such fractional Rights, there shall be paid to the registered holders of record of the Right Certificates with regard to which such fractional Rights would otherwise be issuable, an amount in cash equal to the same fraction of the Fair Market Value then current market value of a whole Right. For the purposes of this Section 14(a), the then current market value of a Right shall be determined in the same manner as the Current Market Price of a Share shall be determined pursuant to Section 11(d) hereof.

Fractional Rights and Fractional Shares. (a) The Company shall not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(o11(i) or 11(p) hereof, or to distribute Right Rights Certificates which that evidence fractional Rights. If the Company elects not to issue such fractional Rights, the Company shall pay, in In lieu of such fractional Rights, to the registered holders of the Right Certificates with regard to which such fractional Rights would otherwise there shall be issuable, an amount in cash equal to the same fraction of the Fair Market Value of a whole Right, as determined pursuant to Section 11(d) hereof.paid

Fractional Rights and Fractional Shares. (a) The Company shall not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(o11(p) hereof, or to distribute Right Rights Certificates which evidence fractional Rights. If the Company elects not to issue such fractional Rights, the Company shall pay, in In lieu of such fractional Rights, there shall be paid to the registered holders of the Right Rights Certificates with regard to which such fractional Rights would otherwise be issuable, an amount in cash equal to the same fraction of the Fair Market Value current market value of a whole Right, as determined pursuant to Section 11(d) hereof.whole

Fractional Rights and Fractional Shares. (a) The Company shall not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(o11(p) hereof, or to distribute Right Rights Certificates which evidence represent fractional Rights. If the Company elects not to issue In lieu of such fractional Rights, the Company shall pay, in lieu of such fractional Rights, pay to the registered holders of the Right Rights Certificates with regard to which such fractional Rights would otherwise be issuable, an amount in cash equal to the same fraction of the Fair Current Market Value Price of a whole Rightunit, consisting of one one-hundredth of a share of Preferred Stock, as determined pursuant to Section 11(d) hereof11(d)(ii).

Fractional Rights and Fractional Shares. (a) The Company shall not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(o) hereof11(p), or to distribute Right Certificates which evidence fractional Rights. If the Company elects not to issue such fractional Rights, the Company shall pay, in lieu of such fractional Rights, to the registered holders of the Right Certificates with regard to which such fractional Rights would otherwise be issuable, an amount in cash equal to the same fraction of the Fair Market Value of a whole Right, as determined pursuant to Section 11(d) hereof).

Fractional Rights and Fractional Shares. (a) The Subject to Section --------------------------------------- 2.3(h), the Company shall not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(o) hereof, Rights or to distribute Right Distribute Rights Certificates which evidence fractional Rights. If the Company elects not to issue such fractional Rights, the Company shall pay, in In lieu of such fractional Rights, there shall be paid to the registered holders of the Right Rights Certificates with regard to which such fractional Rights would otherwise be issuable, an amount in cash equal to the same fraction of the Fair Market Value Price of a whole Right, as determined pursuant Right on the date immediately prior to Section 11(d) hereofthe date on which such fractional Rights would have been otherwise issuable.

Fractional Rights and Fractional Shares. (a) The Company shall not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(o11(p) hereof, or to distribute Right Rights Certificates which evidence evidencing fractional Rights. If the Company elects not to issue such fractional Rights, the Company shall pay, in In lieu of such fractional Rights, there shall be paid to the registered holders of the Right Rights Certificates with regard to which such fractional Rights would otherwise be issuable, an amount in cash equal to the same fraction of the Fair Market Value of a whole Right, as determined pursuant to Section 11(d) hereof.be

Fractional Rights and Fractional Shares. (a) The Company shall not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(o11(p) hereof, or to distribute Right Rights Certificates which evidence fractional Rights. If the Company elects not to issue In lieu of issuing such fractional Rights, the Company there shall pay, in lieu of such fractional Rights, be paid to the registered holders of the Right Certificates with regard Persons to which such fractional Rights would otherwise be issuable, issuable an amount in cash equal to the same such fraction of the Fair Market Value market value of a whole Right, as determined pursuant to Section 11(d) hereof.. For purposes of this

Fractional Rights and Fractional Shares. (a) The Company shall not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(o) hereof, or to distribute Right Certificates which evidence fractional Rights. If the Company elects not to issue such fractional Rights, the Company shall pay, in lieu of such fractional Rights, to the registered holders of the Right Certificates with regard to which such fractional Rights would otherwise be issuable, an amount in cash equal to the same fraction of the Fair Market Value of a whole Right, as determined pursuant to Section 11(d) hereof.

Fractional Rights and Fractional Shares. (a) The Company shall not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(o) hereofof this Agreement, or to distribute Right Certificates which evidence fractional Rights. If the Company elects not to issue such fractional Rights, the Company shall pay, in lieu of such fractional Rights, to the registered holders of the Right Certificates with regard to which such fractional Rights would otherwise be issuable, an amount in cash equal to the same fraction of the Fair Market Value of a whole Right, as determined pursuant to Section 11(d) hereofof this Agreement.

Fractional Rights and Fractional Shares. (a) The Company shall not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(o11(p) hereof, or to distribute Right Rights Certificates which evidence fractional Rights. If the Company elects not to issue such fractional Rights, the Company shall pay, in In lieu of such fractional Rights, there shall be paid to the registered holders of the Right Rights Certificates with regard to which such fractional Rights would otherwise be issuable, an amount in cash equal to the same fraction of the Fair Market Value Closing Price of a whole Right, as determined pursuant one Right for the Trading Day immediately prior to Section 11(d) hereofthe date on which such fractional Rights would have been otherwise issuable.

Fractional Rights and Fractional Shares. (a) The Company shall not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(o) hereof, or to distribute Right Certificates which evidence fractional Rights. If the Company elects not to issue such fractional Rights, the Company shall pay, in lieu of such fractional Rights, to the registered holders of the Right Certificates with regard to which such fractional Rights would otherwise be issuable, an amount in cash equal to the same fraction of the Fair Market Value of a whole Right, as determined pursuant to Section 11(d) hereof.registered

Fractional Rights and Fractional Shares. (a) The Company shall not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(o) hereof, Rights or to distribute Right Certificates which evidence fractional RightsRights (except prior to the Distribution Date in accordance with Section 11(n) hereof). If the Company elects not to issue such fractional Rights, the Company shall pay, in In lieu of such fractional Rights, there shall be paid to the registered holders of the Right Certificates with regard to which such fractional Rights would otherwise be issuable, an amount in cash equal to the same fraction of the Fair Market Value of a whole Right, as determined pursuant to Section 11(d) hereof.current market

Fractional Rights and Fractional Shares. (a) The Company shall not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(o) hereof, Rights or to distribute Right Certificates which evidence fractional Rights. If the Company elects not to issue such fractional Rights, the Company shall pay, in In lieu of such fractional Rights, there shall be paid to the registered holders of record of the Right Certificates with regard to which such fractional Rights would otherwise be issuable, an amount in cash equal to the same fraction of the Fair Market Value then current market value of a whole Right. For the purposes of this Section 5.5(a), the then current market value of a Right shall be determined in the same manner as the Market Price of a share of Common Stock shall be determined pursuant to Section 11(d1.1(n) hereof.

Fractional Rights and Fractional Shares. (a) The Company shall not be required to issue fractions of Rights, except prior to the Distribution Date as provided in Section 11(o11(l) hereof, or to distribute Right Certificates which evidence fractional Rights. If the Company elects not to issue such fractional Rights, the Company shall pay, in lieu of such fractional Rights, to the registered holders of the Right Certificates with regard to which such fractional Rights would otherwise be issuable, an amount in cash equal to the same fraction of the Fair Market Value of a whole Right, as determined pursuant to Section 11(d11(f) hereof.