Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at the close of business on the day of conversion.
Appears in 27 contracts
Samples: Indenture (Bea Systems Inc), Indenture (Medarex Inc), Supplemental Subordinated Indenture (Exodus Communications Inc)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share daily closing price per share of Common Stock (consistent with Section 14.04(6) below) at the close of business on the day of conversion.
Appears in 21 contracts
Samples: Indenture (Church & Dwight Co Inc /De/), Indenture (Church & Dwight Co Inc /De/), Indenture (FMC Corp)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share daily closing price per share of Common Stock (consistent with Section 15.04(6) below) at the close of business on the day of conversion.
Appears in 19 contracts
Samples: Indenture (Aqua America Inc), Subordinated Securities Agreement (Aqua America Inc), Subordinated Securities Agreement (Aqua America Inc)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at the close of business on the day of conversion.
Appears in 14 contracts
Samples: Indenture (Chiron Corp), Indenture (Teradyne Inc), Indenture (Connetics Corp)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share market price per share of Common Stock (as determined by the Board of Directors or in any manner prescribed by the Board of Directors) at the close of business on the day of conversion.
Appears in 14 contracts
Samples: Indenture (Monsanto Co), Indenture (At&t Wireless Services Inc), Indenture (Esterline Technologies Corp)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable issued upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable issued upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one-100th of a share) in an amount equal to the same fraction of the Closing Quoted Price Per Share at of the close Common Stock as of business on the day Trading Day preceding the date of conversion.
Appears in 12 contracts
Samples: Indenture (Cv Therapeutics Inc), Indenture (Nektar Therapeutics), Indenture (Nektar Therapeutics)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security Note or SecuritiesNotes. If more than one Security Note shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable issued upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities Notes (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable issued upon conversion of any Security Note or Securities Notes (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one-100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at quoted price of the close Common Stock as of business on the day Trading Day preceding the date of conversion.
Appears in 9 contracts
Samples: Indenture (Freeport McMoran Copper & Gold Inc), Indenture (McMoran Exploration Co /De/), Indenture (McMoran Exploration Co /De/)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which that shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share per share of the Common Stock at the close of business on the day of conversionTrading Day immediately preceding such day.
Appears in 8 contracts
Samples: Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De), Indenture (Interliant Inc)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Sale Price Per Share at the close of business on the day of conversion.
Appears in 7 contracts
Samples: Indenture (Solectron Corp), Indenture (Mercury Computer Systems Inc), Indenture (Hewitt Associates Inc)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security Note or SecuritiesNotes. If more than one Security Note shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities Notes (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security Note or Securities Notes (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at the close of business on the day of conversionconversion (or round up the number of shares of Common Stock issuable upon conversion of any Note or Notes to the nearest whole share).
Appears in 4 contracts
Samples: Indenture (Community Health Systems Inc/), Indenture (Orion Power Holdings Inc), Indenture (Charter Communications Inc /Mo/)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or SecuritiesNotes. If more than one Security Note shall be surrendered for conversion at one time by the same Holder, the number of full shares which that shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities Notes (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security or Securities Note (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share per share of the Common Stock at the close of business on the day of conversionTrading Day immediately preceding such day.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Wilson Holdings, Inc.), Securities Purchase Agreement (Forster Drilling Corp), Securities Purchase Agreement (Wilson Holdings, Inc.)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which that shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Average Sales Price Per Share at the close of business on the day of conversion.
Appears in 4 contracts
Samples: Indenture (Cell Therapeutics Inc), Indenture (Asm International N V), Indenture (Cell Therapeutics Inc)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable issued upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable issued upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one-100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at of the close Common Stock as of business on the day Trading Day preceding the date of conversion.
Appears in 3 contracts
Samples: Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Nektar Therapeutics)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security of a series shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities of such series (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions portion thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal (computed to the nearest cent) to the same fraction of the Closing Price Per Share market price per share of Common Stock (as determined by the Board of Directors or in any manner prescribed by the Board of Directors) at the close of business on the day of conversion.
Appears in 3 contracts
Samples: Indenture (Associated Banc-Corp), Indenture (Associated Banc-Corp), Indenture (First Tennessee National Corp)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which that shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at the close of business on the day of conversion.
Appears in 3 contracts
Samples: Indenture (Epicept Corp), Indenture (Epicept Corp), Indenture (Epicept Corp)
Fractions of Shares. No fractional shares of Common Stock Shares shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock Share which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per daily closing price per Common Share (consistent with Section 14.04(6) below) at the close of business on the day of conversion.
Appears in 3 contracts
Samples: Indenture (Primus Guaranty LTD), Indenture (Primus Guaranty LTD), Indenture (Primus Guaranty LTD)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share daily closing price per share of Common Stock (consistent with Section 13.04(6) below) at the close of business on the day of conversion.
Appears in 3 contracts
Samples: Indenture (Payton Shipping Corp.), Indenture (Jefferies Group Inc /De/), Indenture (Jefferies Group Inc /De/)
Fractions of Shares. No fractional shares share of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount Total Conversion Amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) fractional share in an amount equal to the same product of such fraction multiplied by the Fair Market Value of the Closing Price Per Share at the close one share of business Common Stock on the day of conversionConversion Date.
Appears in 3 contracts
Samples: Indenture (Boss Investment LLC), Indenture (Building One Services Corp), Indenture (Building One Services Corp)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security Debenture or SecuritiesDebentures. If more than one Security (1) Debenture shall be surrendered for conversion at one time (or substantially at the same time) by the same Holderholder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) Debentures so surrendered. Instead In place of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security Debenture or Securities (or specified portions thereof)Debentures, the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one one-hundredth (1/100th) of a share) in an amount equal to the same fraction of the Closing Price Per Share current market price per share of Common Stock (calculated in accordance with Section 15.4(8) below) at the close of business on the day of conversion.
Appears in 3 contracts
Samples: Debenture Purchase Agreement (Orion Newco Services Inc), Debenture Purchase Agreement (British Aerospace Holdings Inc), Debenture Purchase Agreement (Orion Newco Services Inc)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to based on the same fraction Last Reported Sale Price of the Closing Price Per Share at the close of business Common Stock on the day of conversionConversion Date or if the Conversion Date is not on a Trading Day, the next following Trading Day.
Appears in 3 contracts
Samples: Indenture (E Trade Financial Corp), Indenture (E Trade Financial Corp), Indenture (Usec Inc)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares of Common Stock which shall be issuable issued upon conversion thereof shall be computed on the basis of the aggregate principal Principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share shares of Common Stock which would otherwise be issuable issued upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one-100th of a share) in an amount equal to the same fraction of the Closing Trading Price Per Share at of the close shares of business on Common Stock as of the day of conversionTrading Day preceding the Conversion Date.
Appears in 2 contracts
Samples: Supplemental Indenture (Us Airways Group Inc), Indenture (America West Holdings Corp)
Fractions of Shares. No fractional shares of Common ------------------- Stock shall be issued upon conversion of any Security Note or SecuritiesNotes. If more than one Security Note shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable issued upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities Notes (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable issued upon conversion of any Security Note or Securities Notes (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one-100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at quoted price of the close Common Stock as of business on the day Trading Day preceding the date of conversion.
Appears in 2 contracts
Samples: Indenture (Resmed Inc), Indenture (Asyst Technologies Inc /Ca/)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Current Market Price Per Share per share of Common Stock (calculated in accordance with Section 12.4(8) below) at the close of business on the day of conversion.
Appears in 2 contracts
Samples: Indenture (Cypress Semiconductor Corp /De/), Indenture (Veritas Software Corp)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share per share of the Common Stock at the close of business on the Trading Day immediately preceding such day of conversionor, alternatively, the Company shall round up to the next higher whole share.
Appears in 2 contracts
Samples: Indenture (Internet Capital Group Inc), Indenture (Internet Capital Group Inc)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate make an adjustment and pay a cash adjustment payment in respect of such fraction (calculated in cash at the current market value thereof, to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share be completed at the close of business on the day of conversion.
Appears in 2 contracts
Samples: Indenture (Ventro Corp), Indenture (Veritas Software Corp)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share daily closing price per share of Common Stock (consistent with Section 14.4(f) below) at the close of business on the day of conversion.
Appears in 2 contracts
Samples: Indenture (Royal Gold Inc /De/), Indenture (Royal Gold Inc /De/)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount 83 of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share market price per share of Common Stock (as determined by the Board of Directors or in any manner prescribed by the Board of Directors) at the close of business on the day of conversion.
Appears in 2 contracts
Samples: Indenture (Eg&g Inc), Indenture (Eg&g Inc)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at on the close of business on last Trading Day prior to the day of conversion.
Appears in 2 contracts
Samples: Indenture (Corixa Corp), Indenture (Collegiate Pacific Inc)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security Note or SecuritiesNotes. If more than one Security Note shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities Notes (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security Note or Securities Notes (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at Daily VWAP of the close of business Common Stock on the day last VWAP Trading Day of conversionthe relevant Observation Period.
Appears in 2 contracts
Samples: First Supplemental Indenture (PHH Corp), Indenture (Asbury Automotive Group Inc)
Fractions of Shares. No fractional shares of Common Stock Trust Shares or Corporation Shares shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock Trust Share or Corporation Share which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company Companies shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an aggregate amount equal to the same fraction of the Closing Price Per market price per Paired Share (as determined by the Board of Directors or in any manner prescribed by the Board of Directors) at the close of business on the day Date of conversionConversion.
Appears in 2 contracts
Samples: Indenture (Starwood Lodging Trust), Indenture (Starwood Lodging Corp)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company Issuer shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Current Market Price Per Share per share of Common Stock (calculated in accordance with Section 12.4(8) below) at the close of business on the day of conversion.
Appears in 2 contracts
Samples: Indenture (Atmel Corp), Indenture (Wind River Systems Inc)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which that shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at the close of business on the day of conversion.
Appears in 2 contracts
Samples: Indenture (National Data Corp), Indenture (Reptron Electronics Inc)
Fractions of Shares. No fractional shares of Common Stock Shares shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock Share which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per market price per Common Share (as determined by the Board of Directors or in any manner prescribed by the Board of Directors) at the close of business on the day prior to the day of conversion.
Appears in 2 contracts
Samples: Indenture (Alexanders Inc), Indenture (Alexanders Inc)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Average Sales Price Per Share at the close of business on the day of conversion.
Appears in 2 contracts
Samples: Indenture (Etoys Inc), Indenture (Etoys Inc)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable issued upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable issued upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one-100th of a share) in an amount equal to the same fraction of the Closing Trading Price Per Share at of the close Common Stock as of business on the day Trading Day preceding the date of conversion.
Appears in 2 contracts
Samples: Indenture (Curagen Corp), Indenture (Vitesse Semiconductor Corp)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company Issuer shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share market price (determined as provided in the last sentence of paragraph (f) of Section 13.04) at the close of business on the day of conversion.
Appears in 2 contracts
Samples: Indenture (Murphy Oil Corp /De), Indenture (Murphy Oil Corp /De)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon any conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one-100th of a share) in an amount equal to the same fraction of the Closing Quoted Price Per Share at of the close Common Stock as of business on the trading day before the date of conversion.
Appears in 2 contracts
Samples: Indenture (Comverse Technology Inc/Ny/), Indenture (Comverse Technology Inc/Ny/)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) fractions in an amount equal to the same fraction of the Closing Price Per Share market price (determined as provided in the last sentence of paragraph 6 of Section 1504) at the close of business on the day of conversion.
Appears in 1 contract
Samples: Indenture (Atmos Energy Corp)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security Debenture or SecuritiesDebentures. If more than one Security Debenture shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable issued upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities Debentures (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable issued upon conversion of any Security Debenture or Securities Debentures (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one-100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at of the close Common Stock as of business on the day Trading Day immediately preceding the date of conversion.
Appears in 1 contract
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable issued upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities Notes or on the basis of the aggregate number of Warrants (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable issued upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one-100th of a share) in an amount equal to the same fraction of the Closing Trading Price Per Share at of the close Common Stock as of business on the day Trading Day preceding the date of conversion.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Electro Energy Inc)
Fractions of Shares. No fractional shares of Common Stock Ordinary Shares shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock Ordinary Shares which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th l/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at the close of business on the day of conversion.
Appears in 1 contract
Samples: Indenture (Amdocs LTD)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share of Common Stock at the close of business on the day of conversion.
Appears in 1 contract
Samples: Indenture (Juniper Networks Inc)
Fractions of Shares. No fractional shares of Common Stock Ordinary Shares shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable issued upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock Ordinary Shares which would otherwise be issuable issued upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one-100th of a share) in an amount equal to the same fraction of the Closing Last Reported Sale Price Per Share at of the close Ordinary Shares as of business on the day Trading Day preceding the date of conversion.
Appears in 1 contract
Samples: Senior Indenture (M-Systems Flash Disk Pioneers LTD)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares of Common Stock which shall be issuable issued upon conversion thereof shall be computed on the basis of the aggregate principal amount Principal of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share shares of Common Stock which would otherwise be issuable issued upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one-100th of a share) in an amount equal to the same fraction of the Closing Trading Price Per Share at of the close shares of business on Common Stock as of the day of conversionTrading Day preceding the Conversion Date.
Appears in 1 contract
Samples: Indenture (Networks Associates Inc/)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares of Common Stock which shall be issuable issued upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share shares of Common Stock which would otherwise be issuable issued upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one-100th of a share) in an amount equal to the same fraction of the Closing Market Price Per Share at of the close shares of business on Common Stock as of the day of conversionTrading Day preceding the Conversion Date.
Appears in 1 contract
Samples: Indenture (Alloy Inc)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full whole shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share 1502,1503 103 95 market price (determined as provided in the last sentence of paragraph 6 of Section 1504) at the close of business on the day of conversion.
Appears in 1 contract
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at the close of business on the day of conversion.
Appears in 1 contract
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company Issuer shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share market price (determined as provided in the last sentence of paragraph (f) of Section 14.04) at the close of business on the day of conversion.
Appears in 1 contract
Samples: Indenture (Murphy Oil Corp /De)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares of Common Stock which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment (rounded to the nearest cent) in 92 100 respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at per share of the close of business Common Stock on the day of conversionconversion (or, if such day is not a Trading Day, on the Trading Day immediately preceding such day).
Appears in 1 contract
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share daily closing price per share of Common Stock (consistent with Section 1304(8) below) at the close of business on the day of conversion.
Appears in 1 contract
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at the close of business on the day of conversion. SECTION 1304.
Appears in 1 contract
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share (as determined by the Company) at the close of business on the day of conversion.
Appears in 1 contract
Samples: Indenture (Atmi Inc)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at the close of business on the last Trading Day prior to the day of conversion.
Appears in 1 contract
Samples: Indenture (Medarex Inc)
Fractions of Shares. No fractional shares of Common Stock shall Shareshall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock Share which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per current market price per Common Share (calculated in accordance with Section 1204(5) below) at the close of business on the day of conversion.
Appears in 1 contract
Samples: Indenture (Philip Services Corp/De)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares of Common Stock which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company Partnership shall calculate and pay a cash adjustment (rounded to the nearest cent) in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at per share of the close of business Common Stock on the day of conversionconversion (or, if such day is not a Trading Day, on the Trading Day immediately preceding such day).
Appears in 1 contract
Samples: Indenture (Beacon Properties L P)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at the close of business on the day of conversion.. 85
Appears in 1 contract
Samples: Indenture (Reliant Resources Inc)
Fractions of Shares. No fractional shares of Common Stock Shares shall be issued upon conversion of any Security or Securities. If more than one Security of a series shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities of such series (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock Share which would otherwise be issuable upon conversion of any Security or Securities (or specified portions portion thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal (computed to the nearest cent) to the same fraction of the Closing Price Per market price per Common Share (as determined by the Board of Directors or in any manner prescribed by the Board of Directors) at the close of business on the day of conversion.
Appears in 1 contract
Samples: Indenture (Liquid Media Group Ltd.)
Fractions of Shares. No fractional shares share of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) fractional share in an amount equal to the same such fraction of multiplied by the Closing Price Per Share at the close of business on the day of conversionconversion (or, if such day is not a Trading Day, on the Trading Day immediately preceding such day).
Appears in 1 contract
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at the close of business on the day of conversion.
Appears in 1 contract
Samples: Indenture (United Rentals Inc /De)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at the close of business on the day of conversionconversion (or round up the number of shares of Common Stock issuable upon conversion of any Security or Securities to the nearest whole share).
Appears in 1 contract
Fractions of Shares. No fractional shares of Common Stock Class A Shares shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which that shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock Class A Shares which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the applicable Closing Price Per Share at the close of business on the day of conversion.
Appears in 1 contract
Samples: Indenture (Budget Group Inc)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share daily closing price per share of Common Stock (consistent with Section 1304(f) below) at the close of business on the day of conversion.
Appears in 1 contract
Samples: Subordinated Debt Securities Indenture (Noble Affiliates Inc)
Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full whole shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share market price (determined as provided in the last sentence of paragraph 6 of Section 1504) at the close of business on the day of conversion.
Appears in 1 contract
Samples: Indenture (Remington Oil & Gas Corp)