Common use of Increased Conversion Rate Applicable to Certain Securities Surrendered in Connection with Make-Whole Fundamental Changes Clause in Contracts

Increased Conversion Rate Applicable to Certain Securities Surrendered in Connection with Make-Whole Fundamental Changes. (A) Notwithstanding anything herein to the contrary, the Conversion Rate applicable to each Security that is surrendered for conversion, in accordance with this Article ‎X, at any time during the period (any such period occurring before the Maturity Date, a “Make-Whole Conversion Period”) from, and including, the effective date of a Make-Whole Fundamental Change (which effective date the Company shall disclose in the written notice and public announcement referred to in Section ‎10.15(E)) to, and including, the thirtieth (30th) Business Days immediately following such effective date (or, if such Make-Whole Fundamental Change also constitutes a Fundamental Change, the Fundamental Change Repurchase Date corresponding to such Fundamental Change) shall be increased to an amount equal to the Conversion Rate that would, but for this Section ‎10.15, otherwise apply to such Security pursuant to this Article ‎X, plus an amount equal to the Make-Whole Applicable Increase.

Appears in 1 contract

Samples: Accuray (Accuray Inc)

AutoNDA by SimpleDocs

Increased Conversion Rate Applicable to Certain Securities Surrendered in Connection with Make-Whole Fundamental Changes. (A) Notwithstanding anything herein to the contrary, the Conversion Rate applicable to each Security that is surrendered for conversion, in accordance with this Article ‎XX, at any time during the period (any such period occurring before the Maturity Date, a “Make-Whole Conversion Period”) from, and including, the effective date (the “Effective Date”) of a Make-Whole Fundamental Change (which effective date Effective Date the Company shall disclose in the written notice and public announcement referred to in Section ‎10.15(E10.15(E)) to, and including, the thirtieth date that is thirty (30th30) Business Days immediately following after such effective date Effective Date (or, if such Make-Whole Fundamental Change also constitutes a Fundamental Change, the Fundamental Change Repurchase Date corresponding to such Fundamental Change) shall be increased to an amount equal to the Conversion Rate that would, but for this Section ‎10.1510.15, otherwise apply to such Security pursuant to this Article ‎XX, plus an amount equal to the Make-Whole Applicable Increase.

Appears in 1 contract

Samples: Indenture (James River Coal CO)

Increased Conversion Rate Applicable to Certain Securities Surrendered in Connection with Make-Whole Fundamental Changes. (Aa) Notwithstanding anything herein to the contrary, the Conversion Rate applicable to each Security that is surrendered for conversion, in accordance with this Article ‎XX, at any time during the period (any such period occurring before the Maturity Date, a “Make-Whole Conversion Period”) from, and including, the effective date (the “Effective Date”) of a Make-Whole Fundamental Change (which effective date Effective Date the Company shall disclose in the written notice and public announcement referred to in Section ‎10.15(E10.15(e)) to, and including, the thirtieth date that is thirty (30th30) Business Days immediately following after such effective date Effective Date (or, if such Make-Whole Fundamental Change also constitutes a Fundamental Change, the Fundamental Change Repurchase Date corresponding to such Fundamental Change) shall be increased to an amount equal to the Conversion Rate that would, but for this Section ‎10.1510.15, otherwise apply to such Security pursuant to this Article ‎XX, plus an amount equal to the Make-Whole Applicable Increase.

Appears in 1 contract

Samples: Indenture (James River Coal CO)

AutoNDA by SimpleDocs

Increased Conversion Rate Applicable to Certain Securities Surrendered in Connection with Make-Whole Fundamental Changes. (Aa) Notwithstanding anything herein Subject to the contrarySection 10.14(f), the Conversion Rate applicable to each Security that is surrendered for conversion, in accordance with this Article ‎X10, at any time during the period (any such period occurring before the Maturity Date, a “Make-Whole Conversion Period”) from, and including, the effective date (the “Effective Date”) of a Make-Whole Fundamental Change (which effective date Effective Date the Company shall disclose in the written notice and public announcement referred to in Section ‎10.15(E10.14(e)) to, and including, the thirtieth Close of Business on the date that is thirty-five (30th35) Business Days immediately following after the later of (A) such effective Effective Date and (B) the date the Company sends to Holders (orwith a copy to the Trustee and the Conversion Agent) the relevant notice of the Effective Date, if such Make-Whole Fundamental Change also constitutes a Fundamental Change, the Fundamental Change Repurchase Date corresponding to such Fundamental Change) shall be increased to an amount equal to the Conversion Rate that would, but for this Section ‎10.1510.14, otherwise apply to such Security pursuant to this Article ‎X10, plus an amount equal to the Make-Whole Applicable Increase.

Appears in 1 contract

Samples: Investment Agreement (Viavi Solutions Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.