Common use of HOLDER'S RIGHT TO CONVERT Clause in Contracts

HOLDER'S RIGHT TO CONVERT. Subject to and upon compliance with the provisions of this Indenture, the holder of any Debenture shall have, at his, her or its option, the right, at any time on or prior to the close of business on the twenty-fifth anniversary of the Exchange Date (except that, with respect to any Debenture or portion of a Debenture which shall be called for redemption, such right shall terminate, except as provided in the fourth paragraph of Section 15.2, at the close of business on the Business Day immediately preceding the date fixed for redemption of such Debenture or portion of a Debenture unless the Company shall default in payment due upon redemption thereof) to convert the principal amount of any such Debenture, or any portion of such principal amount which is $1,000 or an integral multiple thereof, into that number of fully paid and non-assessable shares of Common Stock (as such shares shall then be constituted) obtained by dividing the principal amount of the Debenture or portion thereof surrendered for conversion by the Conversion Price in effect at such time, by surrender of the Debenture so to be converted in whole or in part in the manner provided in Section 15.2. A holder of Debentures is not entitled to any rights of a holder of Common Stock until such holder has converted his, her or its Debentures to Common Stock, and only to the extent such Debentures are deemed to have been converted to Common Stock under this Article XV. In the event that the holder elects to convert some of all of its Debentures to Common Stock on or prior to , 2007, the Company will pay the Make-Whole Interest Payment upon satisfaction of the requirements for conversion set forth in this Section 15.1 pursuant to the terms in Section 15.13.

Appears in 1 contract

Samples: And (Xcyte Therapies Inc)

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HOLDER'S RIGHT TO CONVERT. Subject to and upon compliance with the provisions of this Indenture, the holder of any Debenture Note shall have, at his, her or its option, the right, at any time on or prior to the close of business on the twenty-fifth anniversary of the Exchange Maturity Date (except that, with respect to any Debenture Note or portion of a Debenture Note which shall be called for redemptionredemption pursuant to Section 3.1 or 3.2, such right shall terminate, except as provided in the fourth paragraph of Section 15.2, terminate at the close of business on the Business Day immediately preceding the date fixed for redemption of such Debenture Note or portion of a Debenture Note unless the Company shall default in payment of the amount due upon redemption thereof) , in which case such right shall terminate upon payment of the amount due upon such redemption), to convert the principal amount of any such DebentureNote, or any portion of such principal amount which is $1,000 50 or an integral multiple thereof, into that number of fully paid and non-assessable shares of Common Stock (as such shares shall then be constituted) obtained by dividing the principal amount of the Debenture Note or portion thereof surrendered for conversion by the Conversion Price in effect at such time, by surrender of the Debenture Note so to be converted in whole or in part in the manner provided in Section 15.2. A holder of Debentures Notes is not entitled to any rights of a holder of Common Stock until such holder has converted his, her or its Debentures Notes to Common Stock, and only to the extent such Debentures Notes are deemed to have been converted to Common Stock under this Article XV. In the event that the holder elects to convert some of all of its Debentures to Common Stock on or prior to , 2007, the Company will pay the Make-Whole Interest Payment upon satisfaction of the requirements for conversion set forth in this Section 15.1 pursuant to the terms in Section 15.13.

Appears in 1 contract

Samples: International Shipholding Corp

HOLDER'S RIGHT TO CONVERT. Subject to and upon compliance with the provisions of this Indenture, the holder of any Debenture Note shall have, at his, her or its option, the right, at any time on or prior to the close of business on the twenty-fifth anniversary of the Exchange Maturity Date (except that, with respect to any Debenture Note or portion of a Debenture Note which shall be called for redemption, such right shall terminate, except as provided in the fourth paragraph of Section 15.2, terminate at the close of business on the Business Day immediately preceding the date fixed for redemption of such Debenture Note or portion of a Debenture Note unless the Company shall default in payment of the amount due upon redemption thereof, in which case such right shall terminate upon payment of the amount due upon such redemption) to convert the principal amount of any such DebentureNote, or any portion of such principal amount which is $1,000 50 or an integral multiple thereof, into that number of fully paid and non-assessable shares of Common Stock (as such shares shall then be constituted) obtained by dividing the principal amount of the Debenture Note or portion thereof surrendered for conversion by the Conversion Price in effect at such time, by surrender of the Debenture Note so to be converted in whole or in part in the manner provided in Section 15.2. A holder of Debentures Notes is not entitled to any rights of a holder of Common Stock until such holder has converted his, her or its Debentures Notes to Common Stock, and only to the extent such Debentures Notes are deemed to have been converted to Common Stock under this Article XV. In the event that the holder elects to convert some of all of its Debentures to Common Stock on or prior to , 2007, the Company will pay the Make-Whole Interest Payment upon satisfaction of the requirements for conversion set forth in this Section 15.1 pursuant to the terms in Section 15.13.

Appears in 1 contract

Samples: International Shipholding Corp

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HOLDER'S RIGHT TO CONVERT. Subject to and upon compliance with the provisions of this Indenture, the holder of any Debenture shall have, at his, her or its option, the right, at any time on or prior to the close of business on the twenty-fifth anniversary of the Exchange Date (except that, with respect to any Debenture or portion of a Debenture which shall be called for redemption, such right shall terminate, except as provided in the fourth paragraph of Section 15.2, at the close of business on the Business Day immediately preceding the date fixed for redemption of such Debenture or portion of a Debenture unless the Company shall default in payment due upon redemption thereof) to convert the principal amount of any such Debenture, or any portion of such principal amount which is $1,000 or an integral multiple thereof, into that number of fully paid and non-assessable shares of Common Stock (as such shares shall then be constituted) obtained by dividing the principal amount of the Debenture or portion thereof surrendered for conversion by the Conversion Price in effect at such time, by surrender of the Debenture so to be converted in whole or in part in the manner provided in Section 15.2. A holder of Debentures is not entitled to any rights of a holder of Common Stock until such holder has converted his, her or its Debentures to Common Stock, and only to the extent such Debentures are deemed to have been converted to Common Stock under this Article XV. In the event that the holder elects to convert some of all of its Debentures to Common Stock on or prior to November 3, 2007, the Company will pay the Make-Whole Interest Payment upon satisfaction of the requirements for conversion set forth in this Section 15.1 pursuant to the terms in Section 15.13.

Appears in 1 contract

Samples: Indenture (Xcyte Therapies Inc)

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