Common use of Interpolation and Limits Clause in Contracts

Interpolation and Limits. The exact Stock Prices and Effective Dates may not be set forth in the table in Schedule A, in which case: (i) If the Stock Price is between two Stock Prices in the table or the Effective Date is between two dates in the table, the number of Additional Shares shall be determined by a straight-line interpolation between the number of Additional Shares set forth for the higher and lower Stock Prices and the earlier and later dates, as applicable, based on a 365- or 366-day year, as applicable. (ii) If the Stock Price is greater than $200.00 per share (subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table in Schedule A), no Additional Shares will be added to the Conversion Rate. (iii) If the Stock Price is less than $27.61 per share (subject to adjustments in the same manner as the Stock Prices set forth in the column headings of the table in Schedule A), no Additional Shares will be added to the Conversion Rate. Notwithstanding the foregoing, in no event will the Conversion Rate be increased on account of a Make-Whole Fundamental Change to exceed 36.2187 shares of Common Stock per $1,000 principal amount of Notes, subject to adjustments in the same manner as the Conversion Rate is required to be adjusted as set forth in Section 4.04. (iv) The Stock Prices set forth in the column headings of the table in Schedule A shall be adjusted as of any date on which the Conversion Rate of the Notes is otherwise required to be adjusted. The adjusted Stock Prices shall equal the Stock Prices applicable immediately prior to such adjustment, multiplied by a fraction, the numerator of which is the Conversion Rate immediately prior to such adjustment giving rise to the Stock Price adjustment and the denominator of which is the Conversion Rate as so adjusted. The number of Additional Shares set forth in such table shall be adjusted in the same manner and at the same time as the Conversion Rate is required to be adjusted as set forth in Section 4.04.

Appears in 2 contracts

Samples: Indenture (Sunedison, Inc.), Indenture (Sunedison, Inc.)

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Interpolation and Limits. The exact Stock Prices and Effective Dates may not be set forth in the table in Schedule A, in which case: (i) If the Stock Price is between two Stock Prices in the table or the Effective Date is between two dates in the table, the number of Additional Shares shall be determined by a straight-line interpolation between the number of Additional Shares set forth for the higher and lower Stock Prices and the earlier and later dates, as applicable, based on a 365- or 366-day year, as applicable. (ii) If the Stock Price is greater than $200.00 [•] per share (subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table in Schedule A), no Additional Shares will be added to the Conversion Rate. (iii) If the Stock Price is less than $27.61 [•] per share (subject to adjustments in the same manner as the Stock Prices set forth in the column headings of the table in Schedule A), no Additional Shares will be added to the Conversion Rate. Notwithstanding the foregoing, in no event will the Conversion Rate be increased on account of a Make-Whole Fundamental Change to exceed 36.2187 [•] shares of Common Stock per $1,000 100 principal amount of Notes, subject to adjustments in the same manner as the Conversion Rate is required to be adjusted as set forth in Section 4.04. (iv) The Stock Prices set forth in the column headings of the table in Schedule A shall be adjusted as of any date on which the Conversion Rate of the Notes is otherwise required to be adjusted. The adjusted Stock Prices shall equal the Stock Prices applicable immediately prior to such adjustment, multiplied by a fraction, the numerator of which is the Conversion Rate immediately prior to such adjustment giving rise to the Stock Price adjustment and the denominator of which is the Conversion Rate as so adjusted. The number of Additional Shares set forth in such table shall be adjusted in the same manner and at the same time as the Conversion Rate is required to be adjusted as set forth in Section 4.04.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Vivint Solar, Inc.), Agreement and Plan of Merger (Sunedison, Inc.)

Interpolation and Limits. The exact Stock Prices and Effective Dates may not be set forth in the table in Schedule A, in which case: (i) If the Stock Price is between two Stock Prices in the table or the Effective Date is between two dates in the table, the number of Additional Shares shall be determined by a straight-line interpolation between the number of Additional Shares set forth for the higher and lower Stock Prices and the earlier and later dates, as applicable, based on a 365- or 366-day year, as applicable. (ii) If the Stock Price is greater than $200.00 [●] per share (subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table in Schedule A), no Additional Shares will be added to the Conversion Rate. (iii) If the Stock Price is less than $27.61 [●] per share (subject to adjustments in the same manner as the Stock Prices set forth in the column headings of the table in Schedule A), no Additional Shares will be added to the Conversion Rate. Notwithstanding the foregoing, in no event will the Conversion Rate be increased on account of a Make-Whole Fundamental Change to exceed 36.2187 [●] shares of Common Stock per $1,000 100 principal amount of Notes, subject to adjustments in the same manner as the Conversion Rate is required to be adjusted as set forth in Section 4.04. (iv) The Stock Prices set forth in the column headings of the table in Schedule A shall be adjusted as of any date on which the Conversion Rate of the Notes is otherwise required to be adjusted. The adjusted Stock Prices shall equal the Stock Prices applicable immediately prior to such adjustment, multiplied by a fraction, the numerator of which is the Conversion Rate immediately prior to such adjustment giving rise to the Stock Price adjustment and the denominator of which is the Conversion Rate as so adjusted. The number of Additional Shares set forth in such table shall be adjusted in the same manner and at the same time as the Conversion Rate is required to be adjusted as set forth in Section 4.04.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Vivint Solar, Inc.), Agreement and Plan of Merger (Sunedison, Inc.)

Interpolation and Limits. The exact Stock Prices and Effective Dates may not be set forth in the table in Schedule A, in which case:. (i) If the Stock Price is between two Stock Prices in the table or the Effective Date is between two dates Effective Dates in the table, the number of Additional Shares by which the Conversion Rate shall be increased will be determined by a straight-line interpolation between the number of Additional Shares set forth for the higher and lower Stock Prices and the earlier and later datesEffective Dates, as applicable, based on a 365- or 366365-day year, as applicable. (ii) If the Stock Price is greater than $200.00 21.67 per share (subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table in Schedule AA pursuant to Section 14.06(d)(iv) hereof), no Additional Shares will be added to the Conversion RateRate shall not be increased. (iii) If the Stock Price is less than $27.61 15.48 per share (subject to adjustments adjustment in the same manner as the Stock Prices set forth in the column headings of the table in Schedule AA pursuant to Section 14.06(d)(iv) hereof), no Additional Shares will be added to the Conversion RateRate shall not be increased. Notwithstanding the foregoing, in no event will the Conversion Rate be increased on account of a Make-Whole Fundamental Change to exceed 36.2187 shares of Common Stock per $1,000 principal amount of NotesSecurities exceed 64.5948 shares of Common Stock, subject to adjustments adjustment in the same manner as the Conversion Rate is required to be adjusted as set forth in Section 4.0414.04 hereof. (iv) The Stock Prices set forth in the column headings of the table in Schedule A hereto shall be adjusted as of any date on which the Conversion Rate of the Notes Securities is otherwise required to be adjusted. The adjusted Stock Prices shall equal the Stock Prices applicable immediately prior to such adjustment, multiplied by a fraction, the numerator of which is the Conversion Rate immediately prior to such adjustment giving rise to the Stock Price adjustment and the denominator of which is the Conversion Rate as so adjusted. The number of Additional Shares set forth in such table shall be adjusted in the same manner and at the same time as the Conversion Rate is required to be adjusted as set forth in Section 4.0414.04.

Appears in 1 contract

Samples: Indenture (Arbor Realty Trust Inc)

Interpolation and Limits. The exact Stock Prices and Make-Whole Fundamental Change Effective Dates may not be set forth in the table in Schedule AI, in which case: (i) If if the Stock Price is between two Stock Prices in the table or the Make-Whole Fundamental Change Effective Date is between two dates in the table, the number of Additional Adjustment Shares shall be determined by a straight-line interpolation between the number of Additional Adjustment Shares set forth for the higher and lower Stock Prices and the earlier and later dates, as applicable, based on a 365- or 366-day year, as applicable.; (ii) If if the Stock Price is greater than $200.00 13.50 per share (subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table in Schedule AI hereof), no Additional Adjustment Shares will be added to the Conversion Rate.; and (iii) If if the Stock Price is less than $27.61 2.4122 per share (subject to adjustments in the same manner as the Stock Prices set forth in the column headings of the table in Schedule AI hereof), no Additional Adjustment Shares will be added to the Conversion Rate. Notwithstanding the foregoing, in no event will the Conversion Rate be increased on account of a Make-Whole Fundamental Change to exceed 36.2187 107.4796 shares of Common Stock per $1,000 principal amount of Notes, subject to adjustments in the same manner as the Conversion Rate is required to be adjusted as set forth in Section 4.04. (iv) ‎4.4 hereof. The Stock Prices set forth in the column headings of the table in Schedule A I hereto shall be adjusted as of any date on which the Conversion Rate of the Notes is otherwise required to be adjustedadjusted as set forth in Section 4.4 or pursuant to the definition of “Conversion Rate”. The adjusted Stock Prices shall equal the Stock Prices applicable immediately prior to such adjustment, multiplied by a fraction, the numerator of which is the Conversion Rate immediately prior to such adjustment giving rise to the Stock Price adjustment and the denominator of which is the Conversion Rate as so adjusted. The number of Additional Adjustment Shares set forth in such table shall be adjusted in the same manner and at the same time as the Conversion Rate is required to be adjusted as set forth in Section 4.04‎4.4 or pursuant to the definition of “Conversion Rate”.

Appears in 1 contract

Samples: Note Purchase Agreement (Allurion Technologies, Inc.)

Interpolation and Limits. The exact Stock Prices and Effective Dates may not be set forth in the table in Schedule A, in which case: (i1) If the Stock Price is between two Stock Prices in the table or the Effective Date is between two dates Effective Dates in the table, the number of Additional Shares shall be determined by a straight-line interpolation between the number of Additional Shares set forth for the higher and lower Stock Prices and the earlier and later datesEffective Dates, as applicable, based on a 365- or 366365-day year, as applicable. (ii2) If the Stock Price is equal to, or greater than than, $200.00 11.00 per share (subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table in Schedule AA pursuant to Section 4.06(c)(4) hereof), no Additional Shares will be added to the Conversion RateRate shall not be increased. (iii3) If the Stock Price is less than $27.61 7.23 per share (subject to adjustments in the same manner as the Stock Prices set forth in the column headings of the table in Schedule AA pursuant to Section 4.06(c)(4) hereof), no Additional Shares will be added to the Conversion RateRate shall not be increased. Notwithstanding the foregoing, in no event will the Conversion Rate be increased on account of a Make-Whole Fundamental Change to exceed 36.2187 138.3125 shares of Common Stock per $1,000 principal amount of NotesSecurities, subject to adjustments in the same manner as the Conversion Rate is required to be adjusted as set forth in Section 4.044.04 hereof. (iv4) The Stock Prices set forth in the column headings of the table in Schedule A hereto shall be adjusted as of any date on which the Conversion Rate of the Notes Securities is otherwise required to be adjusted. The adjusted Stock Prices shall equal the Stock Prices applicable immediately prior to such adjustment, multiplied by a fraction, the numerator of which is the Conversion Rate immediately prior to such adjustment giving rise to the Stock Price adjustment and the denominator of which is the Conversion Rate as so adjusted. The number of Additional Shares set forth in such table shall be adjusted in the same manner and at the same time as the Conversion Rate is required to be adjusted as set forth in Section 4.04.

Appears in 1 contract

Samples: First Supplemental Indenture (Mfa Financial, Inc.)

Interpolation and Limits. The exact Stock Prices and Effective Dates may not be set forth in the table in Schedule A, in which case:. (i) If the Stock Price is between two Stock Prices expressed in the table or the Effective Date is between two dates Effective Dates in the table, the number of Additional Shares by which the Conversion Rate shall be increased will be determined by a straight-line interpolation between the number of Additional Shares set forth for the higher and lower Stock Prices and the earlier and later datesEffective Dates, as applicable, based on a 365- or 366365-day year, as applicable. (ii) If the Stock Price is greater than $200.00 25.00 per share (subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table in Schedule AA pursuant to Section 14.06(d)(iv) hereof), no Additional Shares will be added to the Conversion RateRate shall not be increased. (iii) If the Stock Price is less than $27.61 15.19 per share (subject to adjustments adjustment in the same manner as the Stock Prices set forth in the column headings of the table in Schedule AA pursuant to Section 14.06(d)(iv) hereof), no Additional Shares will be added to the Conversion RateRate shall not be increased. Notwithstanding the foregoing, in no event will the Conversion Rate be increased on account of a Make-Whole Fundamental Change to exceed 36.2187 shares of Common Stock per $1,000 principal amount of NotesSecurities exceed 65.8327 shares of Common Stock, subject to adjustments adjustment in the same manner as the Conversion Rate is required to be adjusted as set forth in Section 4.0414.04 hereof. (iv) The Stock Prices set forth in the column headings of the table in Schedule A hereto shall be adjusted as of any date on which the Conversion Rate of the Notes Securities is otherwise required to be adjusted. The adjusted Stock Prices shall equal the Stock Prices applicable immediately prior to such adjustment, multiplied by a fraction, the numerator of which is the Conversion Rate immediately prior to such adjustment giving rise to the Stock Price adjustment and the denominator of which is the Conversion Rate as so adjusted. The number of Additional Shares set forth in such table shall be adjusted in the same manner and at the same time as the Conversion Rate is required to be adjusted as set forth in Section 4.0414.04.

Appears in 1 contract

Samples: Indenture (Arbor Realty Trust Inc)

Interpolation and Limits. The exact Stock Prices and Effective Dates or dates of the Redemption Notice, as applicable, may not be set forth in the table in Schedule A, in which case: (i) If the Stock Price is between two Stock Prices in the table or the Effective Date or the date of the Redemption Notice, as the case may be, is between two dates in the table, the number of Additional Shares shall be determined by a straight-line interpolation between the number of Additional Shares set forth for the higher and lower Stock Prices and the earlier and later dates, as applicable, based on a 365- or 366365-day year, as applicable. (ii) If the Stock Price is greater than $200.00 40.00 per share (subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table in Schedule A), no Additional Shares will be added to the Conversion Rate. (iii) If the Stock Price is less than $27.61 4.72 per share (subject to adjustments in the same manner as the Stock Prices set forth in the column headings of the table in Schedule A), no Additional Shares will be added to the Conversion Rate. Notwithstanding the foregoing, in no event will the Conversion Rate be increased on account of a Make-Whole Fundamental Change Adjustment Event to exceed 36.2187 211.8644 shares of Common Stock per $1,000 principal amount of Notes, subject to adjustments in the same manner as the Conversion Rate is required to be adjusted as set forth in Section 4.04. (iv) The Stock Prices set forth in the column headings of the table in Schedule A shall be adjusted as of any date on which the Conversion Rate of the Notes is otherwise required to be adjusted. The adjusted Stock Prices shall equal the Stock Prices applicable immediately prior to such adjustment, multiplied by a fraction, the numerator of which is the Conversion Rate immediately prior to such adjustment giving rise to the Stock Price adjustment and the denominator of which is the Conversion Rate as so adjusted. The number of Additional Shares set forth in such table shall be adjusted in the same manner and at the same time as the Conversion Rate is required to be adjusted as set forth in Section 4.04.

Appears in 1 contract

Samples: Indenture (Protalix BioTherapeutics, Inc.)

Interpolation and Limits. The exact Stock Prices and Make-Whole Fundamental Change Effective Dates may not be set forth in the table in Schedule A, in which case: (i) If if the Stock Price is between two Stock Prices in the table or the Make-Whole Fundamental Change Effective Date is between two dates in the table, the number of Additional Shares shall be determined by a straight-line interpolation between the number of Additional Shares set forth for the higher and lower Stock Prices and the earlier and later dates, as applicable, based on a 365- or 366-day year, as applicable.; (ii) If if the Stock Price is greater than $200.00 20.00 per share (subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table in Schedule AA hereof), no Additional Shares will be added to the Conversion Rate.; and (iii) If if the Stock Price is less than $27.61 3.60 per share (subject to adjustments in the same manner as the Stock Prices set forth in the column headings of the table in Schedule AA hereof), no Additional Shares will be added to the Conversion Rate. Notwithstanding the foregoing, in no event will the Conversion Rate be increased on account of a Make-Whole Fundamental Change to exceed 36.2187 shares of 277.7770 Common Stock Shares per $1,000 principal amount of Notes, subject to adjustments in the same manner as the Conversion Rate is required to be adjusted as set forth in Section 4.04. (iv) ‎4.4 hereof. The Stock Prices set forth in the column headings of the table in Schedule A hereto shall be adjusted as of any date on which the Conversion Rate of the Notes is otherwise required to be adjusted. The adjusted Stock Prices shall equal the Stock Prices applicable immediately prior to such adjustment, multiplied by a fraction, the numerator of which is the Conversion Rate immediately prior to such adjustment giving rise to the Stock Price adjustment and the denominator of which is the Conversion Rate as so adjusted. The number of Additional Shares set forth in such table shall be adjusted in the same manner and at the same time as the Conversion Rate is required to be adjusted as set forth in Section 4.04‎4.4.

Appears in 1 contract

Samples: Note Purchase Agreement (Milestone Pharmaceuticals Inc.)

Interpolation and Limits. The exact Stock Prices and Effective Dates may not be set forth in the table in Schedule A, in which case: (i) If the Stock Price is between two Stock Prices in the table or the Effective Date is between two dates in the table, the number of Additional Shares shall be determined by a straight-line interpolation between the number of Additional Shares set forth for the higher and lower Stock Prices and the earlier and later dates, as applicable, based on a 365- or 366-day year, as applicable. (ii) If the Stock Price is greater than $200.00 120.00 per share (subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table in Schedule A), no Additional Shares will be added to the Conversion Rate. (iii) If the Stock Price is less than $27.61 20.67 per share (subject to adjustments in the same manner as the Stock Prices set forth in the column headings of the table in Schedule A), no Additional Shares will be added to the Conversion Rate. Notwithstanding the foregoing, in no event will the Conversion Rate be increased on account of a Make-Whole Fundamental Change to exceed 36.2187 48.3792 shares of Common Stock per $1,000 principal amount of Notes, subject to adjustments in the same manner as the Conversion Rate is required to be adjusted as set forth in Section 4.04. (iv) The Stock Prices set forth in the column headings of the table in Schedule A shall be adjusted as of any date on which the Conversion Rate of the Notes is otherwise required to be adjusted. The adjusted Stock Prices shall equal the Stock Prices applicable immediately prior to such adjustment, multiplied by a fraction, the numerator of which is the Conversion Rate immediately prior to such adjustment giving rise to the Stock Price adjustment and the denominator of which is the Conversion Rate as so adjusted. The number of Additional Shares set forth in such table shall be adjusted in the same manner and at the same time as the Conversion Rate is required to be adjusted as set forth in Section 4.04.

Appears in 1 contract

Samples: Indenture (Sunedison, Inc.)

Interpolation and Limits. The exact Stock Prices and Effective Dates may not be set forth in the table in Schedule A, in which case: (i1) If the Stock Price is between two Stock Prices in the table or the Effective Date is between two dates Effective Dates in the table, the number of Additional Shares shall be determined by a straight-line interpolation between the number of Additional Shares set forth for the higher and lower Stock Prices and the earlier and later datesEffective Dates, as applicable, based on a 365- 365-day or 366-day year, as applicablethe case may be. (ii2) If the Stock Price is greater than $200.00 21.00 per share (subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table in Schedule AA pursuant to the last paragraph of this Section 4.06(d)), no Additional Shares will the Exchange Rate shall not be added to the Conversion Rateincreased. (iii3) If the Stock Price is less than $27.61 13.73 per share (subject to adjustments in the same manner as the Stock Prices set forth in the column headings of the table in Schedule AA pursuant to the last paragraph of this Section 4.06(d)), no Additional Shares will the Exchange Rate shall not be added to the Conversion Rateincreased. Notwithstanding the foregoing, in no event will the Conversion Exchange Rate be increased on account of a Make-Whole Fundamental Change to exceed 36.2187 shares of 72.8332 Common Stock Shares per $1,000 principal amount of NotesSecurities, subject to adjustments in the same manner as the Conversion Exchange Rate is required to be adjusted as set forth in Section 4.04. (iv) 4.04 hereof. The Stock Prices set forth in the column headings of the table in Schedule A hereto shall be adjusted as of any date on which the Conversion Exchange Rate of the Notes Securities is otherwise required to be adjusted. The adjusted Stock Prices shall equal the Stock Prices applicable immediately prior to such adjustment, multiplied by a fraction, the numerator of which is the Conversion Exchange Rate immediately prior to such adjustment giving rise to the Stock Price adjustment and the denominator of which is the Conversion Exchange Rate as so adjusted. The number of Additional Shares set forth in such table shall be adjusted in the same manner and at the same time as the Conversion Exchange Rate is required to be adjusted as set forth in Section 4.04.

Appears in 1 contract

Samples: Fourth Supplemental Indenture (PennyMac Mortgage Investment Trust)

Interpolation and Limits. The exact Stock Prices and Make-Whole Fundamental Change Effective Dates may not be set forth in the table in Schedule A, in which case: (i) If if the Stock Price is between two Stock Prices in the table or the Make-Whole Fundamental Change Effective Date is between two dates in the table, the number of Additional Shares shall be determined by a straight-line interpolation between the number of Additional Shares set forth for the higher and lower Stock Prices and the earlier and later dates, as applicable, based on a 365- or 366-day year, as applicable.; (ii) If if the Stock Price is greater than $200.00 32.12 per share (subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table in Schedule AA hereof), no Additional Shares will be added to the Conversion Rate.; and (iii) If if the Stock Price is less than $27.61 13.89 per share (subject to adjustments in the same manner as the Stock Prices set forth in the column headings of the table in Schedule AA hereof), no Additional Shares will be added to the Conversion Rate. Notwithstanding the foregoing, in no event will the Conversion Rate be increased on account of a Make-Whole Fundamental Change to exceed 36.2187 82.9407 shares of Common Stock per $1,000 principal amount of Notes, subject to adjustments in the same manner as the Conversion Rate is required to be adjusted as set forth in Section 4.04. (iv) 4.4 hereof. The Stock Prices set forth in the column headings of the table in Schedule A hereto shall be adjusted as of any date on which the Conversion Rate of the Notes is otherwise required to be adjusted. The adjusted Stock Prices shall equal the Stock Prices applicable immediately prior to such adjustment, multiplied by a fraction, the numerator of which is the Conversion Rate immediately prior to such adjustment giving rise to the Stock Price adjustment and the denominator of which is the Conversion Rate as so adjusted. The number of Additional Shares set forth in such table shall be adjusted in the same manner and at the same time as the Conversion Rate is required to be adjusted as set forth in Section 4.044.4.

Appears in 1 contract

Samples: Note Purchase Agreement (Heron Therapeutics, Inc. /De/)

Interpolation and Limits. The exact Stock Prices and Effective Dates may not be set forth in the table in Schedule A, in which case: (i) If the Stock Price is between two Stock Prices in the table or the Effective Date is between two dates in the table, the number of Additional Shares shall be determined by a straight-line interpolation between the number of Additional Shares set forth for the higher and lower Stock Prices and the earlier and later dates, as applicable, based on a 365- or 366365-day year, as applicable. (ii) If the Stock Price is greater than $200.00 20.00 per share (subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table in Schedule A), no Additional Shares will be added to the Conversion Rate. (iii) If the Stock Price is less than $27.61 3.49 per share (subject to adjustments in the same manner as the Stock Prices set forth in the column headings of the table in Schedule A), no Additional Shares will be added to the Conversion Rate. Notwithstanding the foregoing, in no event will the Conversion Rate be increased on account of a Make-Whole Fundamental Change to exceed 36.2187 286.5329 shares of Common Stock per $1,000 principal amount of Notes, subject to adjustments in the same manner as the Conversion Rate is required to be adjusted as set forth in Section 4.04. (iv) The Stock Prices set forth in the column headings of the table in Schedule A shall be adjusted as of any date on which the Conversion Rate of the Notes is otherwise required to be adjusted. The adjusted Stock Prices shall equal the Stock Prices applicable immediately prior to such adjustment, multiplied by a fraction, the numerator of which is the Conversion Rate immediately prior to such adjustment giving rise to the Stock Price adjustment and the denominator of which is the Conversion Rate as so adjusted. The number of Additional Shares set forth in such table shall be adjusted in the same manner and at the same time as the Conversion Rate is required to be adjusted as set forth in Section 4.04.

Appears in 1 contract

Samples: Indenture (Immunogen Inc)

Interpolation and Limits. The exact Stock Prices and Effective Dates may not be set forth in the table in Schedule A, in which case: (i1) If the Stock Price is between two Stock Prices in the table or the Effective Date is between two dates Effective Dates in the table, the number of Additional Shares shall be determined by a straight-line interpolation between the number of Additional Shares set forth for the higher and lower Stock Prices and the earlier and later datesEffective Dates, as applicable, based on a 365- or 366365-day year, as applicable. (ii2) If the Stock Price is greater than $200.00 40.00 per share (subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table in Schedule AA pursuant to the last paragraph of this Section 4.06(d)), no Additional Shares will the Exchange Rate shall not be added to the Conversion Rateincreased. (iii3) If the Stock Price is less than $27.61 23.87 per share (subject to adjustments in the same manner as the Stock Prices set forth in the column headings of the table in Schedule AA pursuant to the last paragraph of this Section 4.06(d)), no Additional Shares will the Exchange Rate shall not be added to the Conversion Rateincreased. Notwithstanding the foregoing, in no event will the Conversion Exchange Rate be increased on account of a Make-Whole Fundamental Change to exceed 36.2187 shares of 41.8935 Common Stock Shares per $1,000 principal amount of NotesSecurities, subject to adjustments in the same manner as the Conversion Exchange Rate is required to be adjusted as set forth in Section 4.04. (iv) 4.04 hereof. The Stock Prices set forth in the column headings of the table in Schedule A hereto shall be adjusted as of any date on which the Conversion Exchange Rate of the Notes Securities is otherwise required to be adjusted. The adjusted Stock Prices shall equal the Stock Prices applicable immediately prior to such adjustment, multiplied by a fraction, the numerator of which is the Conversion Exchange Rate immediately prior to such adjustment giving rise to the Stock Price adjustment and the denominator of which is the Conversion Exchange Rate as so adjusted. The number of Additional Shares set forth in such table shall be adjusted in the same manner and at the same time as the Conversion Exchange Rate is required to be adjusted as set forth in Section 4.04.

Appears in 1 contract

Samples: First Supplemental Indenture (PennyMac Mortgage Investment Trust)

Interpolation and Limits. The exact Stock Prices and Effective Dates or dates of the Redemption Notice, as applicable, may not be set forth in the table in Schedule A, in which case: (i) If the Stock Price is between two Stock Prices in the table or the Effective Date or the date of the Redemption Notice, as the case may be, is between two dates in the table, the number of Additional Shares shall be determined by a straight-line interpolation between the number of Additional Shares set forth for the higher and lower Stock Prices and the earlier and later dates, as applicable, based on a 365- or 366365-day year, as applicable. (ii) If the Stock Price is greater than $200.00 300.00 per share (subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table in Schedule AA hereof), no Additional Shares will be added to the Conversion Rate. (iii) If the Stock Price is less than $27.61 88.54 per share (subject to adjustments in the same manner as the Stock Prices set forth in the column headings of the table in Schedule AA hereof), no Additional Shares will be added to the Conversion Rate. Notwithstanding the foregoing, in no event will the Conversion Rate be increased on account of a Make-Whole Fundamental Change to exceed 36.2187 11.2943 shares of Common Stock per $1,000 principal amount of Notes, subject to adjustments in the same manner as the Conversion Rate is required to be adjusted as set forth in Section 4.044.05 hereof. (iv) The Stock Prices set forth in the column headings of the table in Schedule A hereto shall be adjusted as of any date on which the Conversion Rate of the Notes is otherwise required to be adjusted. The adjusted Stock Prices shall equal the Stock Prices applicable immediately prior to such adjustment, multiplied by a fraction, the numerator of which is the Conversion Rate immediately prior to such adjustment giving rise to the Stock Price adjustment and the denominator of which is the Conversion Rate as so adjusted. The number of Additional Shares set forth in such table shall be adjusted in the same manner and at the same time as the Conversion Rate is required to be adjusted as set forth in Section 4.044.05.

Appears in 1 contract

Samples: Indenture (Seacor Holdings Inc /New/)

Interpolation and Limits. The exact Stock Prices and Effective Dates may not be set forth in the table in Schedule A, in which case: (i) If the Stock Price is between two Stock Prices in the table or the Effective Date is between two dates in the table, the number of Additional Shares shall be determined by a straight-line interpolation between the number of Additional Shares set forth for the higher and lower Stock Prices and the earlier and later dates, as applicable, based on a 365- or 366-day year, as applicable. (ii) If the Stock Price is greater than $200.00 100.00 per share (subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table in Schedule A), no Additional Shares will be added to the Conversion Exchange Rate. (iii) If the Stock Price is less than $27.61 27.67 per share (subject to adjustments in the same manner as the Stock Prices set forth in the column headings of the table in Schedule A), no Additional Shares will be added to the Conversion Exchange Rate. Notwithstanding the foregoing, in no event will the Conversion Exchange Rate be increased on account of a Make-Whole Fundamental Change to exceed 36.2187 36.1454 shares of Common Stock per $1,000 principal amount of NotesNotes (the “Maximum Exchange Rate”), subject to adjustments in the same manner as the Conversion Exchange Rate is required to be adjusted as set forth in Section 4.04. (iv) The Stock Prices set forth in the column headings of the table in Schedule A shall be adjusted as of any date on which the Conversion Exchange Rate of the Notes is otherwise required to be adjusted. The adjusted Stock Prices shall equal the Stock Prices applicable immediately prior to such adjustment, multiplied by a fraction, the numerator of which is the Conversion Exchange Rate immediately prior to such adjustment giving rise to the Stock Price adjustment and the denominator of which is the Conversion Exchange Rate as so adjusted. The number of Additional Shares set forth in such table shall be adjusted in the same manner and at the same time as the Conversion Exchange Rate is required to be adjusted as set forth in Section 4.04.

Appears in 1 contract

Samples: Indenture (Sunedison, Inc.)

Interpolation and Limits. The exact Stock Prices and Effective Dates may not be set forth in the table in Schedule A, in which case: (i1) If the Stock Price is between two Stock Prices in the table or the Effective Date is between two dates Effective Dates in the table, the number of Additional Shares shall be determined by a straight-line interpolation between the number of Additional Shares set forth for the higher and lower Stock Prices and the earlier and later datesEffective Dates, as applicable, based on a 365- or 366365-day year, as applicable. (ii2) If the Stock Price is greater than $200.00 23.00 per share (subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table in Schedule AA pursuant to Section 4.06(c)(4) hereof), no Additional Shares will be added to the Conversion RateRate shall not be increased. (iii3) If the Stock Price is less than $27.61 18.61 per share (subject to adjustments in the same manner as the Stock Prices set forth in the column headings of the table in Schedule AA pursuant to Section 4.06(d)(4) hereof), no Additional Shares will be added to the Conversion RateRate shall not be increased. Notwithstanding the foregoing, in no event will the Conversion Rate be increased on account of a Make-Whole Fundamental Change to exceed 36.2187 53.7345 shares of Common Stock per $1,000 principal amount of NotesSecurities, subject to adjustments in the same manner as the Conversion Rate is required to be adjusted as set forth in Section 4.044.04 hereof. (iv4) The Stock Prices set forth in the column headings of the table in Schedule A hereto shall be adjusted as of any date on which the Conversion Rate of the Notes Securities is otherwise required to be adjusted. The adjusted Stock Prices shall equal the Stock Prices applicable immediately prior to such adjustment, multiplied by a fraction, the numerator of which is the Conversion Rate immediately prior to such adjustment giving rise to the Stock Price adjustment and the denominator of which is the Conversion Rate as so adjusted. The number of Additional Shares set forth in such table shall be adjusted in the same manner and at the same time as the Conversion Rate is required to be adjusted as set forth in Section 4.04.

Appears in 1 contract

Samples: First Supplemental Indenture (Granite Point Mortgage Trust Inc.)

Interpolation and Limits. The exact Stock Prices Price and Effective Dates Date or the date of the Redemption Notice, as the case may be, may not be set forth in the table in Schedule A, in which case: (i) If the Stock Price is between two Stock Prices in the table or the Effective Date or the date of the Redemption Notice, as the case may be, is between two dates in the table, the number of Additional Shares shall be determined by a straight-line interpolation between the number of Additional Shares set forth for the higher and lower Stock Prices and the earlier and later dates, as applicable, based on a 365- or 366-day year, as applicable. (ii) If the Stock Price is greater than $200.00 17.50 per share (subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table in Schedule AA hereof), no Additional Shares will be added to the Conversion Rate. (iii) If the Stock Price is less than $27.61 4.80 per share (subject to adjustments in the same manner as the Stock Prices set forth in the column headings of the table in Schedule AA hereof), no Additional Shares will be added to the Conversion Rate. Notwithstanding the foregoing, in no event will the Conversion Rate be increased on account of a Make-Whole Fundamental Change or a Redemption Notice to exceed 36.2187 208.3333 shares of Common Stock per $1,000 principal amount of Notes, subject to adjustments in the same manner as the Conversion Rate is required to be adjusted as set forth in Section 4.044.04 hereof. (iv) The Stock Prices set forth in the column headings of the table in Schedule A hereto shall be adjusted as of any date on which the Conversion Rate of the Notes is otherwise required to be adjusted. The adjusted Stock Prices shall equal the Stock Prices applicable immediately prior to such adjustment, multiplied by a fraction, the numerator of which is the Conversion Rate immediately prior to such adjustment giving rise to the Stock Price adjustment and the denominator of which is the Conversion Rate as so adjusted. The number of Additional Shares set forth in such table shall be adjusted in the same manner and at the same time as the Conversion Rate is required to be adjusted as set forth in Section 4.04.

Appears in 1 contract

Samples: Indenture (Amicus Therapeutics Inc)

Interpolation and Limits. The exact Stock Share Prices and Make-Whole Fundamental Change Effective Dates may not be set forth in the table in Schedule A, in which case: (i) If if the Stock Share Price is between two Stock Share Prices in the table or the Make-Whole Fundamental Change Effective Date is between two dates in the table, the number of Additional Shares shall be determined by a straight-line interpolation between the number of Additional Shares set forth for the higher and lower Stock Share Prices and the earlier and later dates, as applicable, based on a 365- or 366-day year, as applicable.; (ii) If if the Stock Share Price is greater than $200.00 $600.00 per share (subject to adjustment in the same manner as the Stock Share Prices set forth in the column headings of the table in Schedule AA hereof), no Additional Shares will be added to the Conversion Rate.; and (iii) If if the Stock Share Price is less than $27.61 96.12 per share (subject to adjustments in the same manner as the Stock Share Prices set forth in the column headings of the table in Schedule AA hereof), no Additional Shares will be added to the Conversion Rate. Notwithstanding the foregoing, in no event will the Conversion Rate be increased on account of a Make-Whole Fundamental Change to exceed 36.2187 shares of 10.4036 Common Stock Shares per $1,000 principal amount of Notes, subject to adjustments in the same manner as the Conversion Rate is required to be adjusted as set forth in Section 4.04. 4.04 hereof. For the avoidance of doubt, (ivx) the sending of a Redemption Notice will constitute a Make-Whole Fundamental Change only with respect to the Notes called for Redemption pursuant to such Redemption Notice, and not with respect to any other Notes; and (y) the Conversion Rate applicable to the Notes not so called for Redemption will not be subject to increase pursuant to this Section 4.06 on account of such Redemption Notice. The Stock Share Prices set forth in the column headings of the table in Schedule A hereto shall be adjusted as of any date on which the Conversion Rate of the Notes is otherwise required to be adjusted. The adjusted Stock Share Prices shall equal the Stock Share Prices applicable immediately prior to such adjustment, multiplied by a fraction, the numerator of which is the Conversion Rate immediately prior to such adjustment giving rise to the Stock Share Price adjustment and the denominator of which is the Conversion Rate as so adjusted. The number of Additional Shares set forth in such table shall be adjusted in the same manner and at the same time as the Conversion Rate is required to be adjusted as set forth in Section 4.04.

Appears in 1 contract

Samples: Indenture (Herbalife Ltd.)

Interpolation and Limits. The exact Stock Prices and Effective Dates may not be set forth in the table in Schedule A, in which case: (i1) If the Stock Price is between two Stock Prices in the table or the Effective Date is between two dates Effective Dates in the table, the number of Additional Shares shall be determined by a straight-line interpolation between the number of Additional Shares set forth for the higher and lower Stock Prices and the earlier and later datesEffective Dates, as applicable, based on a 365- or 366365-day year, as applicable. (ii2) If the Stock Price is greater than $200.00 24.00 per share (subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table in Schedule AA pursuant to Section 4.06(d)(4) hereof), no Additional Shares will be added to the Conversion RateRate shall not be increased. (iii3) If the Stock Price is less than $27.61 17.64 per share (subject to adjustments in the same manner as the Stock Prices set forth in the column headings of the table in Schedule AA pursuant to Section 4.06(d)(4) hereof), no Additional Shares will be added to the Conversion RateRate shall not be increased. Notwithstanding the foregoing, in no event will the Conversion Rate be increased on account of a Make-Whole Fundamental Change to exceed 36.2187 56.6893 shares of Common Stock per $1,000 principal amount of NotesSecurities, subject to adjustments in the same manner as the Conversion Rate is required to be adjusted as set forth in Section 4.044.04 hereof. (iv4) The Stock Prices set forth in the column headings of the table in Schedule A hereto shall be adjusted as of any date on which the Conversion Rate of the Notes Securities is otherwise required to be adjusted. The adjusted Stock Prices shall equal the Stock Prices applicable immediately prior to such adjustment, multiplied by a fraction, the numerator of which is the Conversion Rate immediately prior to such adjustment giving rise to the Stock Price adjustment and the denominator of which is the Conversion Rate as so adjusted. The number of Additional Shares set forth in such table shall be adjusted in the same manner and at the same time as the Conversion Rate is required to be adjusted as set forth in Section 4.04.

Appears in 1 contract

Samples: First Supplemental Indenture (Granite Point Mortgage Trust Inc.)

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Interpolation and Limits. The exact Stock Prices and Effective Dates may not be set forth in the table in Schedule A, in which case: (i) If the Stock Price is between two Stock Prices in the table or the Effective Date is between two dates in the table, the number of Additional Shares shall be determined by a straight-line interpolation between the number of Additional Shares set forth for the higher and lower Stock Prices and the earlier and later dates, as applicable, based on a 365- 365-or 366-day year, as applicable. (ii) If the Stock Price is greater than $200.00 65 per share (subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table in Schedule A), no Additional Shares will be added to the Conversion Rate. (iii) If the Stock Price is less than $27.61 5.66 per share (subject to adjustments in the same manner as the Stock Prices set forth in the column headings of the table in Schedule A), no Additional Shares will be added to the Conversion Rate. Notwithstanding the foregoing, in no event will the Conversion Rate be increased on account of a Make-Whole Fundamental Change to exceed 36.2187 176.6784 shares of Common Stock per $1,000 principal amount of Notes, subject to adjustments in the same manner as the Conversion Rate is required to be adjusted as set forth in Section 4.04. (iv) The Stock Prices set forth in the column headings of the table in Schedule A shall be adjusted as of any date on which the Conversion Rate of the Notes is otherwise required to be adjusted. The adjusted Stock Prices shall equal the Stock Prices applicable immediately prior to such adjustment, multiplied by a fraction, the numerator of which is the Conversion Rate immediately prior to such adjustment giving rise to the Stock Price adjustment and the denominator of which is the Conversion Rate as so adjusted. The number of Additional Shares set forth in such table shall be adjusted in the same manner and at the same time as the Conversion Rate is required to be adjusted as set forth in Section 4.04.

Appears in 1 contract

Samples: Indenture (Sunedison, Inc.)

Interpolation and Limits. The exact Stock Prices and Effective Dates may not be set forth in the table in Schedule A, in which case: (i1) If the Stock Price is between two Stock Prices in the table or the Effective Date is between two dates Effective Dates in the table, the number of Additional Shares shall be determined by a straight-line interpolation between the number of Additional Shares set forth for the higher and lower Stock Prices and the earlier and later datesEffective Dates, as applicable, based on a 365- 365-day or 366-day year, as applicablethe case may be. (ii2) If the Stock Price is greater than $200.00 28.00 per share (subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table in Schedule AA pursuant to the last paragraph of this Section 4.06(d)), no Additional Shares will the Exchange Rate shall not be added to the Conversion Rateincreased. (iii3) If the Stock Price is less than $27.61 18.86 per share (subject to adjustments in the same manner as the Stock Prices set forth in the column headings of the table in Schedule AA pursuant to the last paragraph of this Section 4.06(d)), no Additional Shares will the Exchange Rate shall not be added to the Conversion Rateincreased. Notwithstanding the foregoing, in no event will the Conversion Exchange Rate be increased on account of a Make-Whole Fundamental Change to exceed 36.2187 shares of 53.0222 Common Stock Shares per $1,000 principal amount of NotesSecurities, subject to adjustments in the same manner as the Conversion Exchange Rate is required to be adjusted as set forth in Section 4.04. (iv) 4.04 hereof. The Stock Prices set forth in the column headings of the table in Schedule A hereto shall be adjusted as of any date on which the Conversion Exchange Rate of the Notes Securities is otherwise required to be adjusted. The adjusted Stock Prices shall equal the Stock Prices applicable immediately prior to such adjustment, multiplied by a fraction, the numerator of which is the Conversion Exchange Rate immediately prior to such adjustment giving rise to the Stock Price adjustment and the denominator of which is the Conversion Exchange Rate as so adjusted. The number of Additional Shares set forth in such table shall be adjusted in the same manner and at the same time as the Conversion Exchange Rate is required to be adjusted as set forth in Section 4.04.

Appears in 1 contract

Samples: Third Supplemental Indenture (PennyMac Mortgage Investment Trust)

Interpolation and Limits. The exact Stock Share Prices and Effective Dates may not be set forth in the table in Schedule A, in which case: (i) If the Stock Share Price is between two Stock Share Prices in the table or the Effective Date is between two dates Effective Dates in the table, the number of Additional Shares shall be determined by a straight-line interpolation between the number of Additional Shares set forth for the higher and lower Stock Share Prices and the earlier and later dates, as applicable, based on a 365- or 366-day year, as applicable. (ii) If the Stock Share Price is greater than $200.00 250.00 per share (subject to adjustment in the same manner as the Stock Share Prices set forth in the column headings of the table in Schedule AA hereof), no Additional Shares will be added to the Conversion Rate. (iii) If the Stock Share Price is less than $27.61 27.92 per share (subject to adjustments in the same manner as the Stock Share Prices set forth in the column headings of the table in Schedule AA hereof), no Additional Shares will be added to the Conversion Rate. Notwithstanding the foregoing, in no event will the Conversion Rate be increased on account of a Make-Whole Fundamental Change to exceed 36.2187 shares of 35.8166 Common Stock Shares per $1,000 principal amount of Notes, subject to adjustments in the same manner as the Conversion Rate is required to be adjusted as set forth in Section 4.044.04 hereof. (iv) The Stock Share Prices set forth in the column headings of the table in Schedule A hereto shall be adjusted as of any date on which the Conversion Rate of the Notes is otherwise required to be adjusted. The adjusted Stock Share Prices shall equal the Stock Share Prices applicable immediately prior to such adjustment, multiplied by a fraction, the numerator of which is the Conversion Rate immediately prior to such adjustment giving rise to the Stock Share Price adjustment and the denominator of which is the Conversion Rate as so adjusted. The number of Additional Shares set forth in such table shall be adjusted in the same manner and at the same time as the Conversion Rate is required to be adjusted as set forth in Section 4.04.

Appears in 1 contract

Samples: Indenture (Golar LNG LTD)

Interpolation and Limits. The exact Stock Prices and Effective Dates may not be set forth in the table in Schedule A, in which case: (i1) If the Stock Price is between two Stock Prices in the table or the Effective Date is between two dates Effective Dates in the table, the number of Additional Shares shall be determined by a straight-line straight‑line interpolation between the number of Additional Shares set forth for the higher and lower Stock Prices and the earlier and later datesEffective Dates, as applicable, based on a 365- 365‑day or 366-day year, as applicablethe case may be. (ii2) If the Stock Price is greater than $200.00 29.00 per share (subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table in Schedule AA pursuant to the last paragraph of this Section 4.06(d)), no Additional Shares will the Exchange Rate shall not be added to the Conversion Rateincreased. (iii3) If the Stock Price is less than $27.61 22.67 per share (subject to adjustments in the same manner as the Stock Prices set forth in the column headings of the table in Schedule AA pursuant to the last paragraph of this Section 4.06(d)), no Additional Shares will the Exchange Rate shall not be added to the Conversion Rateincreased. Notwithstanding the foregoing, in no event will the Conversion Exchange Rate be increased on account of a Make-Whole Make‑Whole Fundamental Change to exceed 36.2187 shares of 44.1111 Common Stock Shares per $1,000 principal amount of NotesSecurities, subject to adjustments in the same manner as the Conversion Exchange Rate is required to be adjusted as set forth in Section 4.04. (iv) 4.04 hereof. The Stock Prices set forth in the column headings of the table in Schedule A hereto shall be adjusted as of any date on which the Conversion Exchange Rate of the Notes Securities is otherwise required to be adjusted. The adjusted Stock Prices shall equal the Stock Prices applicable immediately prior to such adjustment, multiplied by a fraction, the numerator of which is the Conversion Exchange Rate immediately prior to such adjustment giving rise to the Stock Price adjustment and the denominator of which is the Conversion Exchange Rate as so adjusted. The number of Additional Shares set forth in such table shall be adjusted in the same manner and at the same time as the Conversion Exchange Rate is required to be adjusted as set forth in Section 4.04.

Appears in 1 contract

Samples: Second Supplemental Indenture (PennyMac Mortgage Investment Trust)

Interpolation and Limits. The exact Stock Prices and Effective Dates may not be set forth in the table in Schedule A, in which case: (i) If the Stock Price is between two Stock Prices in the table or the Effective Date is between two dates in the table, the number of Additional Shares shall be determined by a straight-line interpolation between the number of Additional Shares set forth for the higher and lower Stock Prices and the earlier and later dates, as applicable, based on a 365- or 366-day year, as applicable. (ii) If the Stock Price is greater than $200.00 160.00 per share (subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table in Schedule A), no Additional Shares will be added to the Conversion Rate. (iii) If the Stock Price is less than $27.61 18.70 per share (subject to adjustments in the same manner as the Stock Prices set forth in the column headings of the table in Schedule A), no Additional Shares will be added to the Conversion Rate. Notwithstanding the foregoing, in no event will the Conversion Rate be increased on account of a Make-Whole Fundamental Change to exceed 36.2187 53.4759 shares of Common Stock per $1,000 principal amount of Notes, subject to adjustments in the same manner as the Conversion Rate is required to be adjusted as set forth in Section 4.04. (iv) The Stock Prices set forth in the column headings of the table in Schedule A shall be adjusted as of any date on which the Conversion Rate of the Notes is otherwise required to be adjusted. The adjusted Stock Prices shall equal the Stock Prices applicable immediately prior to such adjustment, multiplied by a fraction, the numerator of which is the Conversion Rate immediately prior to such adjustment giving rise to the Stock Price adjustment and the denominator of which is the Conversion Rate as so adjusted. The number of Additional Shares set forth in such table shall be adjusted in the same manner and at the same time as the Conversion Rate is required to be adjusted as set forth in Section 4.04.

Appears in 1 contract

Samples: Indenture (Sunedison, Inc.)

Interpolation and Limits. The exact Stock Prices Price and Effective Dates Date may not be set forth in the table in Schedule A, A in which case: (i) If the Stock Price is between two Stock Prices in the table or the Effective Date is between two effective dates in the table, the number of Additional Shares by which the Conversion Rate will be increased shall be determined by a straight-line interpolation between the number of Additional Shares set forth for the higher and lower Stock Prices and the earlier and later effective dates, as applicable, based on a 365- or 366-day 365 year, as applicable. (ii) If the Stock Price is greater than $200.00 650.00 per share (subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table in Schedule AA hereof), no Additional Shares will be added to the Conversion Rate. (iii) If the Stock Price is less than $27.61 98.89 per share (subject to adjustments in the same manner as the Stock Prices set forth in the column headings of the table in Schedule AA hereof), no Additional Shares will be added to the Conversion Rate. Notwithstanding the foregoing, in no event will the Conversion Rate be increased on account of a Make-Whole Fundamental Change or a Redemption Notice to exceed 36.2187 10.1122 shares of Common Stock per $1,000 principal amount of Notes, subject to adjustments in the same manner as the Conversion Rate is required to be adjusted as set forth in Section 4.044.04 hereof. (iv) The Stock Prices set forth in the column headings of the table in Schedule A hereto shall be adjusted as of any date on which the Conversion Rate of the Notes is otherwise required to be adjusted. The adjusted Stock Prices shall equal the Stock Prices applicable immediately prior to such adjustment, multiplied by a fraction, the numerator of which is the Conversion Rate immediately prior to such adjustment giving rise to the Stock Price adjustment and the denominator of which is the Conversion Rate as so adjusted. The number of Additional Shares set forth in such table shall be adjusted in the same manner and at the same time as the Conversion Rate is required to be adjusted as set forth in Section 4.04.

Appears in 1 contract

Samples: Indenture (Lumentum Holdings Inc.)

Interpolation and Limits. The exact Stock Prices and Effective Dates may not be set forth in the table in Schedule A, in which case: (i) If the Stock Price is between two Stock Prices in the table or the Effective Date is between two dates in the table, the number of Additional Shares shall be determined by a straight-line interpolation between the number of Additional Shares set forth for the higher and lower Stock Prices and the earlier and later dates, as applicable, based on a 365- or 366-365 day year, as applicable. (ii) If the Stock Price is greater than $200.00 20.00 per share (subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table in Schedule A), no Additional Shares will be added to the Conversion Rate. (iii) If the Stock Price is less than $27.61 3.56 per share (subject to adjustments in the same manner as the Stock Prices set forth in the column headings of the table in Schedule A), no Additional Shares will be added to the Conversion Rate. Notwithstanding the foregoing, in no event will the Conversion Rate be increased on account of a Make-Whole Fundamental Change to exceed 36.2187 280.8988 shares of Common Stock per $1,000 principal amount of Notes, subject to adjustments in the same manner as the Conversion Rate is required to be adjusted as set forth in Section 4.04. (iv) The Stock Prices set forth in the column headings of the table in Schedule A shall be adjusted as of any date on which the Conversion Rate of the Notes is otherwise required to be adjusted. The adjusted Stock Prices shall equal the Stock Prices applicable immediately prior to such adjustment, multiplied by a fraction, the numerator of which is the Conversion Rate immediately prior to such adjustment giving rise to the Stock Price adjustment and the denominator of which is the Conversion Rate as so adjusted. The number of Additional Shares set forth in such table shall be adjusted in the same manner and at the same time as the Conversion Rate is required to be adjusted as set forth in Section 4.04.

Appears in 1 contract

Samples: Indenture (Teligent, Inc.)

Interpolation and Limits. The exact Stock Prices ADS Price and Effective Dates Date may not be set forth in the table in Schedule A, in which case: (i) If the Stock ADS Price is between two Stock ADS Prices in the table or the Effective Date is between two dates in the table, the number of Additional Shares shall be determined by a straight-line interpolation between the number of Additional Shares set forth for the higher and lower Stock ADS Prices and the earlier and later dates, as applicable, based on a 365- or 366-day year, as applicable. (ii) If the Stock ADS Price is greater than $200.00 50.00 per share ADS (subject to adjustment in the same manner as the Stock ADS Prices set forth in the column headings of the table in Schedule AA hereof), no Additional Shares will be added to the Conversion Exchange Rate. (iii) If the Stock ADS Price is less than $27.61 19.26 per share ADS (subject to adjustments in the same manner as the Stock ADS Prices set forth in the column headings of the table in Schedule AA hereof), no Additional Shares will be added to the Conversion Exchange Rate. Notwithstanding the foregoing, in no event will the Conversion Exchange Rate be increased on account of a Make-Whole Fundamental Change to exceed 36.2187 shares of Common Stock 51.9209 ADSs per $1,000 principal amount of Notes, subject to adjustments in the same manner as the Conversion Exchange Rate is required to be adjusted as set forth in Section 4.044.04 hereof. (iv) The Stock ADS Prices set forth in the column headings of the table in Schedule A hereto shall be adjusted as of any date on which the Conversion Exchange Rate of the Notes is otherwise required to be adjusted. The adjusted Stock ADS Prices shall equal the Stock ADS Prices applicable immediately prior to such adjustment, multiplied by a fraction, the numerator of which is the Conversion Exchange Rate immediately prior to such adjustment giving rise to the Stock ADS Price adjustment and the denominator of which is the Conversion Exchange Rate as so adjusted. The number of Additional Shares set forth in such table shall be adjusted in the same manner and at the same time as the Conversion Exchange Rate is required to be adjusted as set forth in Section 4.04.

Appears in 1 contract

Samples: Indenture (Trinity Biotech PLC)

Interpolation and Limits. The exact Stock Prices and Effective Dates may not be set forth in the table in Schedule A, in which case:. (i) If the Stock Price is between two Stock Prices in the table or the Effective Date is between two dates Effective Dates in the table, the number of Additional Shares by which the Conversion Rate shall be increased will be determined by a straight-line interpolation between the number of Additional Shares set forth for the higher and lower Stock Prices and the earlier and later datesEffective Dates, as applicable, based on a 365- or 366365-day year, as applicable. (ii) If the Stock Price is greater than $200.00 15.00 per share (subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table in Schedule AA pursuant to Section 14.06(d)(iv) hereof), no Additional Shares will be added to the Conversion RateRate shall not be increased. (iii) If the Stock Price is less than $27.61 11.68 per share (subject to adjustments adjustment in the same manner as the Stock Prices set forth in the column headings of the table in Schedule AA pursuant to Section 14.06(d)(iv) hereof), no Additional Shares will be added to the Conversion RateRate shall not be increased. Notwithstanding the foregoing, in no event will the Conversion Rate be increased on account of a Make-Whole Fundamental Change to exceed 36.2187 shares of Common Stock per $1,000 principal amount of NotesSecurities exceed 85.6164 shares of Common Stock, subject to adjustments adjustment in the same manner as the Conversion Rate is required to be adjusted as set forth in Section 4.0414.04 hereof. (iv) The Stock Prices set forth in the column headings of the table in Schedule A hereto shall be adjusted as of any date on which the Conversion Rate of the Notes Securities is otherwise required to be adjusted. The adjusted Stock Prices shall equal the Stock Prices applicable immediately prior to such adjustment, multiplied by a fraction, the numerator of which is the Conversion Rate immediately prior to such adjustment giving rise to the Stock Price adjustment and the denominator of which is the Conversion Rate as so adjusted. The number of Additional Shares set forth in such table shall be adjusted in the same manner and at the same time as the Conversion Rate is required to be adjusted as set forth in Section 4.0414.04.

Appears in 1 contract

Samples: Indenture (Arbor Realty Trust Inc)

Interpolation and Limits. The exact Stock Prices and Effective Dates may not be set forth in the table in Schedule A, in which case: (i) If the Stock Price is between two Stock Prices in the table or the Effective Date is between two dates in the table, the number of Additional Shares shall be determined by a straight-line interpolation between the number of Additional Shares set forth for the higher and lower Stock Prices and the earlier and later dates, as applicable, based on a 365- or 366-365 day year, as applicable. (ii) If the Stock Price is greater than $200.00 75.00 per share (subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table in Schedule A), no Additional Shares will be added to the Conversion Rate. (iii) If the Stock Price is less than $27.61 8.89 per share (subject to adjustments in the same manner as the Stock Prices set forth in the column headings of the table in Schedule A), no Additional Shares will be added to the Conversion Rate. Notwithstanding the foregoing, in no event will the Conversion Rate be increased on account of a Make-Whole Fundamental Change or a Redemption Notice to exceed 36.2187 112.4859 shares of Common Stock per $1,000 principal amount of Notes, subject to adjustments in the same manner as the Conversion Rate is required to be adjusted as set forth in Section 4.04. (iv) The Stock Prices set forth in the column headings of the table in Schedule A shall be adjusted as of any date on which the Conversion Rate of the Notes is otherwise required to be adjusted. The adjusted Stock Prices shall equal the Stock Prices applicable immediately prior to such adjustment, multiplied by a fraction, the numerator of which is the Conversion Rate immediately prior to such adjustment giving rise to the Stock Price adjustment and the denominator of which is the Conversion Rate as so adjusted. The number of Additional Shares set forth in such table shall be adjusted in the same manner and at the same time as the Conversion Rate is required to be adjusted as set forth in Section 4.04.

Appears in 1 contract

Samples: Indenture (Igi Laboratories, Inc)

Interpolation and Limits. The exact Stock Prices and Effective Dates may not be set forth in the table in Schedule A, in which case:. (i) If the Stock Price is between two Stock Prices in the table or the Effective Date is between two dates Effective Dates in the table, the number of Additional Shares by which the Conversion Rate shall be increased will be determined by a straight-line interpolation between the number of Additional Shares set forth for the higher and lower Stock Prices and the earlier and later datesEffective Dates, as applicable, based on a 365- or 366365-day year, as applicable. (ii) If the Stock Price is greater than $200.00 13.50 per share (subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table in Schedule AA pursuant to Section 14.06(d)(iv) hereof), no Additional Shares will be added to the Conversion RateRate shall not be increased. (iii) If the Stock Price is less than $27.61 10.45 per share (subject to adjustments adjustment in the same manner as the Stock Prices set forth in the column headings of the table in Schedule AA pursuant to Section 14.06(d)(iv) hereof), no Additional Shares will be added to the Conversion RateRate shall not be increased. Notwithstanding the foregoing, in no event will the Conversion Rate be increased on account of a Make-Whole Fundamental Change to exceed 36.2187 shares of Common Stock per $1,000 principal amount of NotesSecurities exceed 95.6937 shares of Common Stock, subject to adjustments adjustment in the same manner as the Conversion Rate is required to be adjusted as set forth in Section 4.0414.04 hereof. (iv) The Stock Prices set forth in the column headings of the table in Schedule A hereto shall be adjusted as of any date on which the Conversion Rate of the Notes Securities is otherwise required to be adjusted. The adjusted Stock Prices shall equal the Stock Prices applicable immediately prior to such adjustment, multiplied by a fraction, the numerator of which is the Conversion Rate immediately prior to such adjustment giving rise to the Stock Price adjustment and the denominator of which is the Conversion Rate as so adjusted. The number of Additional Shares set forth in such table shall be adjusted in the same manner and at the same time as the Conversion Rate is required to be adjusted as set forth in Section 4.0414.04.

Appears in 1 contract

Samples: Indenture (Arbor Realty Trust Inc)

Interpolation and Limits. The exact Stock Share Prices and Make-Whole Fundamental Change Effective Dates may not be set forth in the table in Schedule A, in which case: (i) If if the Stock Share Price is between two Stock Share Prices in the table or the Make-Whole Fundamental Change Effective Date is between two dates in the table, the number of Additional Shares shall be determined by a straight-line interpolation between the number of Additional Shares set forth for the higher and lower Stock Share Prices and the earlier and later dates, as applicable, based on a 365- or 366-day year, as applicable.; (ii) If if the Stock Share Price is greater than $200.00 per share (subject to adjustment in the same manner as the Stock Share Prices set forth in the column headings of the table in Schedule AA hereof), no Additional Shares will be added to the Conversion Rate.; and (iii) If if the Stock Share Price is less than $27.61 13.06 per share (subject to adjustments in the same manner as the Stock Share Prices set forth in the column headings of the table in Schedule AA hereof), no Additional Shares will be added to the Conversion Rate. Notwithstanding the foregoing, in no event will the Conversion Rate be increased on account of a Make-Whole Fundamental Change to exceed 36.2187 shares of 76.5696 Common Stock Shares per $1,000 principal amount of Notes, subject to adjustments in the same manner as the Conversion Rate is required to be adjusted as set forth in Section 4.04. 4.04 hereof. For the avoidance of doubt, (ivx) the sending of a Redemption Notice will constitute a Make-Whole Fundamental Change only with respect to the Notes called for Redemption pursuant to such Redemption Notice, and not with respect to any other Notes; and (y) the Conversion Rate applicable to the Notes not so called for Redemption will not be subject to increase pursuant to this Section 4.06 on account of such Redemption Notice. The Stock Share Prices set forth in the column headings of the table in Schedule A hereto shall be adjusted as of any date on which the Conversion Rate of the Notes is otherwise required to be adjusted. The adjusted Stock Share Prices shall equal the Stock Share Prices applicable immediately prior to such adjustment, multiplied by a fraction, the numerator of which is the Conversion Rate immediately prior to such adjustment giving rise to the Stock Share Price adjustment and the denominator of which is the Conversion Rate as so adjusted. The number of Additional Shares set forth in such table shall be adjusted in the same manner and at the same time as the Conversion Rate is required to be adjusted as set forth in Section 4.04.

Appears in 1 contract

Samples: Indenture (Herbalife Nutrition Ltd.)

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