Generally. To the extent permitted by law and applicable stock exchange rules, the Company, from time to time, may (but is not required to) increase the Conversion Rate by any amount if (i) the Board of Directors determines that such increase is either (x) in the best interest of the Company; or (y) advisable to avoid or diminish any income tax imposed on holders of Common Stock or rights to purchase Common Stock as a result of any dividend or distribution of shares (or rights to acquire shares) of Common Stock or any similar event; (ii) such increase is in effect for a period of at least twenty (20) Business Days; and (iii) such increase is irrevocable during such period.
Appears in 175 contracts
Sources: Indenture (Fastly, Inc.), Indenture (Eos Energy Enterprises, Inc.), Indenture (Osi Systems Inc)
Generally. To the extent permitted by law and applicable stock exchange rules, the Company, from time to time, may (but is not required to) increase the Conversion Rate by any amount if (i) the Board of Directors determines that such increase is either (x) in the best interest of the Company; or (y) advisable to avoid or diminish any income tax imposed on holders of Common Stock or rights to purchase Common Stock as a result of any dividend or distribution of shares (or rights to acquire shares) of Common Stock or any similar event; and (ii) such increase is irrevocably in effect for a period of at least twenty (20) Business Days; and (iii) such increase is irrevocable during such period.
Appears in 8 contracts
Sources: Indenture (Lucid Group, Inc.), Indenture (ADTRAN Holdings, Inc.), Indenture (Lucid Group, Inc.)
Generally. To the extent permitted by law and applicable stock exchange rules, the Company, from time to time, may (but is not required to) increase the Conversion Rate by any amount if (i) the Board of Directors determines that such increase is either (x) in the best interest of the Company; or (y) advisable to avoid or diminish any income tax imposed on holders of Common Stock or rights to purchase Common Stock as a result of any dividend or distribution of shares (or rights to acquire shares) of Common Stock or any similar event; (ii) such increase is in effect for a period of at least twenty (20) 20 Business Days; and (iii) such increase is irrevocable during such period.
Appears in 6 contracts
Sources: Indenture (Edgio, Inc.), Indenture (2U, Inc.), Indenture (Oil States International, Inc)
Generally. To the extent permitted by law and applicable stock exchange rules, the Company, from time to time, may (but is not required to) increase the Conversion Rate by any amount if (i) the Board of Directors determines that such increase is either (x) in the best interest of the Company; or (y) advisable to avoid or diminish any income tax imposed on holders of Class A Common Stock or rights to purchase Class A Common Stock as a result of any dividend or distribution of shares (or rights to acquire shares) of Class A Common Stock or any similar event; (ii) such increase is in effect for a period of at least twenty (20) Business Days; and (iii) such increase is irrevocable during such period.
Appears in 6 contracts
Sources: Indenture (Voyager Technologies, Inc./De), Fourth Supplemental Indenture (Ramaco Resources, Inc.), Indenture (Oscar Health, Inc.)
Generally. To the extent permitted by law and applicable stock exchange rules, the Company, from time to time, may (but is not required to) increase the Conversion Rate by any amount if (i) the Board of Directors determines that such increase is either (x) in the best interest of the Company; or (y) advisable to avoid or diminish any income tax imposed on holders of Common Stock Ordinary Shares or rights to purchase Common Stock Ordinary Shares as a result of any dividend or distribution of shares Ordinary Shares (or rights to acquire sharesOrdinary Shares) of Common Stock or any similar event; (ii) such increase is in effect for a period of at least twenty (20) Business Days; and (iii) such increase is irrevocable during such period.
Appears in 5 contracts
Sources: Indenture (IREN LTD), Indenture (Amryt Pharma PLC), Indenture (Amryt Pharma PLC)
Generally. To the extent permitted by law and applicable stock exchange rules, the Company, from time to time, may (but is not required to) increase the Conversion Rate by any amount if (i) the Board of Directors determines that such increase is either (x) in the best interest of the Company; Company or (y) advisable to avoid or diminish any income tax imposed on holders of Common Stock or rights to purchase Common Stock as a result of any dividend or distribution of shares (or rights to acquire shares) of Common Stock or any similar event; (ii) such increase is in effect for a period of at least twenty (20) Business Days; and (iii) such increase is irrevocable during such period.
Appears in 4 contracts
Sources: Indenture (SoFi Technologies, Inc.), Indenture (SoFi Technologies, Inc.), Indenture (American Eagle Outfitters Inc)
Generally. To the extent permitted by law and applicable stock exchange rules, the Company, from time to time, may (but is not required to) increase the Conversion Rate by any amount if (i) the Board of Directors determines that such increase is either (x) in the best interest of the Company; or (y) advisable to avoid or diminish any income tax imposed on holders of Common Stock Ordinary Shares or rights to purchase Common Stock Ordinary Shares as a result of any dividend or distribution of shares Ordinary Shares (or rights to acquire sharessuch Ordinary Shares) of Common Stock or any similar event; (ii) such increase is in effect for a period of at least twenty (20) Business Days; and (iii) such increase is irrevocable during such period.
Appears in 3 contracts
Sources: Indenture (Farfetch LTD), Indenture (Farfetch LTD), Indenture (Farfetch LTD)
Generally. To the extent permitted by law and applicable stock exchange rules, the Company, from time to time, may (but is not required to) increase the Conversion Rate by any amount if if: (i) the Board of Directors determines that such increase is either (x) in the best interest of the Company; or (y) advisable to avoid or diminish any income tax imposed on holders of Common Stock Shares or rights to purchase Common Stock Shares as a result of any dividend or distribution of shares Common Shares (or rights to acquire sharesCommon Shares) of Common Stock or any similar event; (ii) such increase is in effect for a period of at least twenty (20) 20 Business Days; and (iii) such increase is irrevocable during such period.
Appears in 3 contracts
Sources: Indenture (Imax Corp), Indenture (enCore Energy Corp.), Indenture (Imax Corp)
Generally. To the extent permitted by law and applicable stock exchange rules, the Company, from time to time, may (but is not required to) increase the Conversion Rate by any amount if (i) the Board of Directors determines that such increase is either (x) in the best interest of the Company; or (y) advisable to avoid or diminish any income tax imposed on holders of Common Stock Ordinary Shares or rights to purchase Common Stock Ordinary Shares as a result of any dividend or distribution of shares (or rights to acquire shares) of Common Stock or any similar event; (ii) such increase is in effect for a period of at least twenty (20) Business Days; and (iii) such increase is irrevocable during such period.
Appears in 3 contracts
Sources: Indenture (SMART Global Holdings, Inc.), Indenture (SMART Global Holdings, Inc.), Indenture (SMART Global Holdings, Inc.)
Generally. To the extent permitted by law and applicable stock exchange rules, the Company, from time to time, may (but is not required to) increase the Conversion Rate by any amount if (i1) the Board of Directors determines that such increase is either (x) in the Company’s best interest of the Company; or (y) that such increase is advisable to avoid or diminish any income tax imposed on holders of Common Stock or rights to purchase Common Stock as a result of any dividend or distribution of shares (or rights to acquire shares) of Common Stock or any similar event; (ii2) such increase is in effect for a period of at least twenty (20) Business Days; and (iii3) such increase is irrevocable during such period.
Appears in 3 contracts
Sources: Investment Agreement (Rhythm Pharmaceuticals, Inc.), Note Purchase Agreement (NantHealth, Inc.), Investment Agreement (EVO Payments, Inc.)
Generally. To the extent permitted by law and applicable stock exchange rules, the Company, from time to time, may (but is not required to) increase the Conversion Rate by any amount if (i) the Board of Directors determines that such increase is either (x) in the best interest of the Company; or (y) advisable to avoid or diminish any income tax imposed on holders of Common Stock Shares or rights to purchase Common Stock Shares as a result of any dividend or distribution of shares Common Shares (or rights to acquire sharesCommon Shares) of Common Stock or any similar event; (ii) such increase is in effect for a period of at least twenty (20) Business Days; and (iii) such increase is irrevocable during such period.
Appears in 2 contracts
Generally. To the extent permitted by law and applicable stock exchange rules, the Company, from time to time, may (but is not required to) increase the Conversion Exchange Rate by any amount if (i) the Company’s or the Guarantor’s Board of Directors determines that such increase is either (x) in the best interest of the CompanyCompany or the Guarantor; or (y) advisable to avoid or diminish any income tax imposed on holders of Common Stock or rights to purchase Common Stock as a result of any dividend or distribution of shares (or rights to acquire shares) of Common Stock or any similar event; (ii) such increase is in effect for a period of at least twenty (20) Business Days; and (iii) such increase is irrevocable during such period.
Appears in 2 contracts
Sources: Indenture (Rexford Industrial Realty, Inc.), Indenture (Rexford Industrial Realty, Inc.)
Generally. To the extent permitted by law and applicable stock exchange rules, the Company, from time to time, may (but is not required to) increase the Conversion Exchange Rate by any amount if (i) the Board of Directors Company or the Parent Guarantor determines that such increase is either (x) in the best interest of the CompanyCompany or the Parent Guarantor; or (y) advisable to avoid or diminish any income tax imposed on holders of Common Stock or rights to purchase Common Stock as a result of any dividend or distribution of shares (or rights to acquire shares) of Common Stock or any similar event; (ii) such increase is in effect for a period of at least twenty (20) Business Days; and (iii) such increase is irrevocable during such period.
Appears in 2 contracts
Sources: First Supplemental Indenture (Centennial Resource Development, Inc.), Indenture (Realogy Group LLC)
Generally. To the extent permitted by law and applicable stock exchange rules, the Company, from time to time, may (but is not required to) increase the Conversion Rate by any amount if (i) the Board of Directors determines that such increase is either (x) in the best interest of the Company; or (y) advisable to avoid or diminish any income tax imposed on holders of Common Stock Shares or rights to purchase Common Stock Shares as a result of any dividend or distribution of shares (or rights to acquire sharesacquire) of Common Stock Shares or any similar event; (ii) such increase is in effect for a period of at least twenty (20) Business Days; and (iii) such increase is irrevocable during such period.
Appears in 2 contracts
Sources: Note Subscription Agreement (Marti Technologies, Inc.), Indenture (Marti Technologies, Inc.)
Generally. To the extent permitted by law and applicable stock exchange rules, the Company, from time to time, may (but is not required to) increase the Conversion Rate by any amount if (i) the Board of Directors determines that such increase is either (x) in the best interest of the Company; or (y) advisable to avoid or diminish any income tax imposed on holders of Common Stock or rights to purchase Common Stock as a result of any dividend or distribution of shares (or rights to acquire shares) of Common Stock or any similar event; and (ii) such increase is in effect for a period of at least twenty (20) Business Days; and (iii) such increase is irrevocable during such period.
Appears in 2 contracts
Sources: Indenture (Innoviva, Inc.), Indenture (Innoviva, Inc.)
Generally. To the extent permitted by law and applicable stock exchange rules, the Company, from time to time, may (but is not required to) increase the Conversion Rate by any amount if (i) the Board of Directors determines that such increase is either (x) in the best interest of the Company; or (y) advisable to avoid or diminish any income tax imposed on holders of Common Stock Ordinary Shares or rights to purchase Common Stock Ordinary Shares as a result of any dividend or distribution of shares (or rights to acquire shares) of Common Stock Ordinary Shares or any similar event; (ii) such increase is in effect for a period of at least twenty (20) Business Days; and (iii) such increase is irrevocable during such period.
Appears in 2 contracts
Sources: Indenture (Nebius Group N.V.), Indenture (Nebius Group N.V.)
Generally. To the extent permitted by law and applicable stock exchange rules, the Company, from time to time, may (but is not required to) increase the Conversion Rate by any amount if (i) the Board of Directors determines that such increase is either (x) in the best interest of the Company; or (y) advisable to avoid or diminish any income tax imposed on holders of Class A Common Stock or rights to purchase Class A Common Stock as a result of any dividend or distribution of shares (or rights to acquire shares) of Class A Common Stock or any similar event; and (ii) such increase is irrevocably in effect for a period of at least twenty (20) Business Days; and (iii) such increase is irrevocable during such period.
Appears in 2 contracts
Sources: Indenture (Bloom Energy Corp), Indenture (Bloom Energy Corp)
Generally. To the extent permitted by law and applicable stock exchange rules, the Company, from time to time, may (but is not required to) increase the Conversion Rate by any amount if (i) the Board of Directors determines that such increase is either (x) in the best interest of the Company; Company or (y) advisable to avoid or diminish any income tax imposed on holders of Class A Common Stock or rights to purchase Class A Common Stock as a result of any dividend or distribution of shares (or rights to acquire shares) of Class A Common Stock or any similar event; (ii) such increase is in effect for a period of at least twenty (20) Business Days; and (iii) such increase is irrevocable during such period.
Appears in 1 contract
Generally. To the extent permitted by law and applicable stock exchange rules, the Company, from time to time, may (but is not required to) increase the Conversion Exchange Rate by any amount if (i) the Board of Directors determines that such increase is either (x) in the best interest of the Company; or (y) advisable to avoid or diminish any income tax imposed on holders of Common Stock Ordinary Shares or rights to purchase Common Stock Ordinary Shares as a result of any dividend or distribution of shares (or rights to acquire shares) of Common Stock Ordinary Shares or any similar event; (ii) such increase is in effect for a period of at least twenty (20) Business Days; and (iii) such increase is irrevocable during such period.
Appears in 1 contract
Sources: Indenture (Spotify Technology S.A.)
Generally. To the extent permitted by law and applicable stock exchange rules, the Company, from time to time, may (but is not required to) increase the Conversion Rate by any amount if (i) the Board of Directors Company determines in good faith that such increase is either (x) in the best interest of the Company; or (y) advisable to avoid or diminish any income tax imposed on holders of Common Stock or rights to purchase Common Stock as a result of any dividend or distribution of shares (or rights to acquire shares) of Common Stock or any similar event; (ii) such increase is in effect for a period of at least twenty (20) Business Days; and (iii) such increase is irrevocable during such period.
Appears in 1 contract
Generally. To the extent permitted by law and applicable stock exchange rules, the CompanyCorporation, from time to time, may (but is not required to) increase the Conversion Rate by any amount if (i1) the Board of Directors determines that such increase is either (x) in the Corporation’s best interest of the Company; or (y) that such increase is advisable to avoid or diminish any income tax imposed on holders of Common Stock or rights to purchase Common Stock as a result of any dividend or distribution of shares (or rights to acquire shares) of Common Stock or any similar event; (ii2) such increase is in effect for a period of at least twenty (20) Business Days; and (iii3) such increase is irrevocable during such period.
Appears in 1 contract
Generally. To the extent permitted by law and applicable stock exchange rules, the Company, from time to time, may (but is not required to) increase the Conversion Rate by any amount if (i) the Board of Directors determines that such increase is either (x) in the best interest of the Company; or (y) advisable to avoid or diminish any income tax imposed on holders of Common Stock or rights to purchase Common Stock as a result of any dividend or distribution of shares (or rights to acquire shares) of Common Stock or any similar event; (ii) such increase is in effect for a period of at least twenty (20) Business Days; and (iii) such increase is irrevocable during such periodperiod and (iv) the Company obtains the relevant approval from the TSX.
Appears in 1 contract
Generally. To the extent permitted by law and applicable stock exchange rules, the Company, from time to time, may (but is not required to) increase the Conversion Exchange Rate by any amount if (i) the Company’s or the Parent Guarantor’s Board of Directors determines that such increase is either (x) in the best interest of the CompanyCompany or the Parent Guarantor; or (y) advisable to avoid or diminish any income tax imposed on holders of Common Stock or rights to purchase Common Stock as a result of any dividend or distribution of shares (or rights to acquire shares) of Common Stock or any similar event; (ii) such increase is in effect for a period of at least twenty (20) Business Days; and (iii) such increase is irrevocable during such period.
Appears in 1 contract
Sources: Indenture (Hertz Corp)
Generally. To the extent permitted by law and applicable stock exchange rules, the Company, from time to time, may (but is not required to) increase the Conversion Rate by any amount if (i) the Board of Directors determines that such increase is either (x) in the best interest of the Company; or (y) advisable to avoid or diminish any income tax imposed on holders of Common Stock Ordinary Shares or ADSs or rights to purchase Common Stock Ordinary Shares or ADSs as a result of any dividend or distribution of shares Ordinary Shares or ADSs (or rights to acquire sharesOrdinary Shares or ADSs) of Common Stock or any similar event; (ii) such increase is in effect for a period of at least twenty (20) Business Days; and (iii) such increase is irrevocable during such period.
Appears in 1 contract
Sources: Indenture (Ascendis Pharma a/S)
Generally. To the extent permitted by law and applicable stock exchange rules, the Company, from time to time, may (but is not required to) increase the Conversion Rate by any amount if if: (i) the Board of Directors determines that such increase is either (x) in the best interest of the Company; Company or (y) advisable to avoid or diminish any income tax imposed on holders of Common Stock or rights to purchase Common Stock as a result of any dividend or distribution of shares (or rights to acquire shares) of Common Stock or any similar event; (ii) such increase is in effect for a period of at least twenty (20) Business Days; and (iii) such increase is irrevocable during such period.
Appears in 1 contract
Sources: Indenture (PetIQ, Inc.)
Generally. To the extent permitted by law and applicable stock exchange rules, the Company, from time to time, may (but is not required to) increase the Conversion Exchange Rate by any amount if (i) the Board Parent’s board of Directors directors or a committee thereof determines that such increase is either (x) in the best interest of the Company; or (y) advisable to avoid or diminish any income tax imposed on holders of Common Stock or rights to purchase Common Stock as a result of any dividend or distribution of shares (or rights to acquire shares) of Common Stock or any similar event; (ii) such increase is in effect for a period of at least twenty (20) Business Days; and (iii) such increase is irrevocable during such period.
Appears in 1 contract
Sources: Indenture (Sabre Corp)
Generally. To the extent permitted by law and applicable stock exchange rules, the Company, from time to time, may (but is not required to) increase the Conversion Exchange Rate by any amount if (i) the Company’s or Holdings’ Board of Directors determines that such increase is either (x) in the best interest of the CompanyCompany or Holdings; or (y) advisable to avoid or diminish any income tax imposed on holders of Common Stock or rights to purchase Common Stock as a result of any dividend or distribution of shares (or rights to acquire shares) of Common Stock or any similar event; (ii) such increase is in effect for a period of at least twenty (20) Business Days; and (iii) such increase is irrevocable during such period.
Appears in 1 contract
Sources: Indenture (SB/RH Holdings, LLC)
Generally. To the extent permitted by law and applicable stock exchange rules, the Company, from time to time, may (but is not required to) increase the Conversion Exchange Rate by any amount if (i) the Board Parent’s board of Directors directors or a committee thereoff determines that such increase is either (x) in the best interest of the Company; or (y) advisable to avoid or diminish any income tax imposed on holders of Common Stock or rights to purchase Common Stock as a result of any dividend or distribution of shares (or rights to acquire shares) of Common Stock or any similar event; (ii) such increase is in effect for a period of at least twenty (20) Business Days; and (iii) such increase is irrevocable during such period.
Appears in 1 contract
Sources: Indenture (Sabre Corp)
Generally. To the extent permitted by law and applicable stock exchange rules, the Company, from time to time, may (but is not required to) increase the Conversion Rate by any amount if (i) the Board of Directors determines in good faith that such increase is either (x) in the best interest of the Company; or (y) advisable to avoid or diminish any income tax imposed on holders of Common Stock or rights to purchase Common Stock as a result of any dividend or distribution of shares (or rights to acquire shares) of Common Stock or any similar event; (ii) such increase is in effect for a period of at least twenty (20) Business Days; and (iii) such increase is irrevocable during such period.
Appears in 1 contract
Generally. To the extent permitted by law and applicable stock exchange rules, the Company, from time to time, may (but is not required to) increase the Conversion Exchange Rate by any amount if (i) the Company’s or the Parent’s Board of Directors determines that such increase is either (x) in the best interest of the CompanyCompany or the Parent; or (y) advisable to avoid or diminish any income tax imposed on holders of Common Stock or rights to purchase Common Stock as a result of any dividend or distribution of shares (or rights to acquire shares) of Common Stock or any similar event; (ii) such increase is in effect for a period of at least twenty (20) Business Days; and (iii) such increase is irrevocable during such period.
Appears in 1 contract