Common use of ISSUANCE OF COMMON SHARES ON CONVERSIONS Clause in Contracts

ISSUANCE OF COMMON SHARES ON CONVERSIONS. As promptly as practicable after the surrender as herein provided, of any Security or Debt Securities for conversion into Common shares, the Company shall deliver or cause to be delivered at its said office or agency to or upon the written order of the Holder of the Security or Debt Securities so surrendered a certificate or certificates representing the number of duly authorized, validly issued, fully paid and nonassessable Common Shares into which such Security or Debt Securities may be converted in accordance with the terms thereof and the provisions of this Article Sixteen. Prior to delivery of such certificate or certificates, the Company shall require written notice at its said office or agency from the Holder of the security or securities so surrendered stating that the Holder irrevocably elects to convert such Security or securities, or if less than the entire principal amount thereof is to be converted, stating the portion thereof to be converted. Such notice shall also state the name or names (with address and social security or other taxpayer identification number) in which said certificate or certificates are to be issued. Such conversion shall be deemed to have been made at the time that such Security or Debt Securities shall have been surrendered for conversion and such notice shall have been received by the Company or the Trustee, the rights of the Holder of such Security or Debt Securities as a Holder shall cease at such time, the Person or Persons entitled to receive the Common Shares upon conversion of such Security or Debt Securities shall be treated for all purposes as having become either record holder or holders of such common Shares at such time and such conversion shall be at the conversion price in effect at such time. In the case of any Security of any series which is converted in part only, upon such conversion, the company shall execute and, upon the Company's request and at the Company's expense, the Trustee or an Authenticating Agent shall authenticate and deliver to the Holder thereof, as requested by such Holder, a new Security or Debt Securities of such series of authorized denominations in aggregate principal amount equal to the unconverted portion of such Security. If the last day on which such Security may be converted is not a Business Day in a place where the conversion agent for that Security is located, such Security may be surrendered to that conversion agent on the next succeeding day that is a Business Day. The Company shall not be required to deliver certificates for Common Shares upon conversion while its stock transfer books are closed for a meeting of shareholders or for the payment of dividends or for any other purpose, but certificates for Common Shares shall be delivered as soon as the stock transfer books shall again be opened.

Appears in 4 contracts

Samples: Indenture (Bre Properties Inc /Md/), Indenture (Bre Properties Inc /Md/), Indenture (Bre Properties Inc /Md/)

AutoNDA by SimpleDocs

ISSUANCE OF COMMON SHARES ON CONVERSIONS. As promptly as practicable after the surrender surrender, as herein provided, of any Security or Debt Securities for conversion into Common sharesShares, the Company shall deliver or cause to be delivered at its said the office or agency to be maintained by it in accordance with the provisions of Section 3.02 to or upon the written order of the Holder of the Security or Debt Securities so surrendered a certificate or certificates representing the number of duly authorized, validly issued, fully paid and nonassessable Common Shares into which such Security or Debt Securities may be converted in accordance with the terms thereof and the provisions of this Article Sixteen13. Prior to delivery of such certificate or certificates, the Company shall require written notice at its said office or agency from the Holder of the security Security or securities Securities so surrendered stating that the Holder irrevocably elects to convert such Security or securitiesSecurities, or or, if less than the entire principal amount thereof is to be converted, stating the portion thereof to be converted. Such notice shall also state the name or names (with address and social security or other taxpayer identification number) in which said certificate or certificates are to be issued. Such conversion shall be deemed to have been made at the time that such Security or Debt Securities shall have been surrendered for conversion and such notice shall have been received by the Company or the Trustee, Trustee and such conversion shall be at the conversion price in effect at such time. The rights of the Holder of such Security or Debt Securities as a Holder shall cease at such time, and the Person or Persons entitled to receive the Common Shares upon conversion of such Security or Debt Securities shall be treated for all purposes as having become either record holder or holders of such common Common Shares at such time and such conversion shall be at the conversion price in effect at such time. In the case of any Security of any series which Series that is converted in part only, upon such conversion, conversion the company Company shall execute and, upon the Company's ’s written request and at the Company's ’s expense, the Trustee or an Authenticating Agent authenticating agent shall authenticate and deliver to the Holder thereof, as requested by such Holder, a new Security or Debt Securities of such series Series of authorized denominations in aggregate principal amount equal to the unconverted portion of such Security. If the last day on which such Security may be converted is not a Business Day in a place where the conversion agent for that Security is located, located such Security may be surrendered to that conversion agent on the next succeeding day that is a Business Day. The Company shall not be required to deliver certificates for Common Shares upon conversion while its stock transfer books are closed for a meeting of shareholders or for the payment of dividends or for any other purpose, but certificates for Common Shares shall be delivered as soon as the stock transfer books shall again be opened.

Appears in 1 contract

Samples: Indenture (Fluor Corp)

ISSUANCE OF COMMON SHARES ON CONVERSIONS. As promptly as practicable after the surrender surrender, as herein provided, of any Security or Debt Securities for conversion into Common sharesShares, the Company shall deliver or cause to be delivered at its said office or agency to or upon the written order of the Holder of the Security or Debt Securities so surrendered a certificate or certificates representing the number of duly authorized, validly issued, fully paid and nonassessable Common Shares into which such Security or Debt Securities may be maybe converted in accordance with the terms thereof and the provisions of this Article SixteenThirteen. Prior to delivery of such certificate or certificates, the Company shall require written notice at its said office or agency from the Holder of the security Security or securities Securities so surrendered stating that the Holder irrevocably elects to convert such Security or securitiesSecurities, or or, if less than the entire principal amount thereof is to be converted, stating the portion thereof to be converted. Such notice shall also state the name or names (with address and social security or other taxpayer identification number) in which said certificate or certificates are to be issued. Such conversion shall be deemed to have been made at the time that such Security or Debt Securities shall have been surrendered for conversion and such notice shall have been received by the Company or the Trustee, the rights of the Holder of such Security or Debt Securities as a Holder shall cease at such time, the Person or Persons entitled to receive the Common Shares upon conversion of such Security or Debt Securities shall be treated for all purposes as having become either record holder or holders of such common Common Shares at such time and such conversion shall be at the conversion price in effect at such time. In the case of any Security of any series Series which is converted in part only, upon such conversion, the company Company shall execute and, ,upon the Company's request and at the Company's expense, the Trustee or an Authenticating Agent authenticating agent shall authenticate and deliver to the Holder thereof, as requested by such Holder, a new Security or Debt Securities of such series Series of authorized denominations in aggregate principal amount equal to the unconverted portion of such Security. If the last day on which such Security may be converted is not a Business Day in a place where the conversion agent for that Security is located, such Security may be surrendered to that conversion agent on the next succeeding day that is a Business Day. The Company shall not be required to deliver certificates for Common Shares upon conversion while its stock transfer books are closed for a meeting of shareholders or for the payment of dividends or for any other purpose, but certificates for Common Shares shall be delivered as soon as the stock transfer books shall again be opened.

Appears in 1 contract

Samples: Indenture (Wellpoint Health Networks Inc /Ca/)

ISSUANCE OF COMMON SHARES ON CONVERSIONS. As promptly as practicable after the surrender surrender, as herein provided, of any Security or Debt Securities for conversion into Common sharesShares, the Company shall deliver or cause to be delivered at its said office or agency to or upon the written order of the Holder of the Security or Debt Securities so surrendered a certificate or certificates representing the number of duly authorized, validly issued, fully paid and nonassessable Common Shares into which such Security or Debt Securities may be converted in accordance with the terms thereof and the provisions of this Article SixteenThirteen. Prior to delivery of such certificate or certificates, the Company shall require written notice at its said office or agency from the Holder of the security Security or securities Securities so surrendered stating that the Holder irrevocably elects to convert such Security or securitiesSecurities, or or, if less than the entire principal amount thereof is to be converted, stating the portion thereof to be converted. Such notice shall also state the name or names (with address and social security or other taxpayer identification number) in which said certificate or certificates are to be issued. Such conversion shall be deemed to have been made at the time that such Security or Debt Securities shall have been surrendered for conversion and such notice shall have been received by the Company or the Trustee, the rights of the Holder of such Security or Debt Securities as a Holder shall cease at such time, the Person or Persons entitled to receive the Common Shares upon conversion of such Security or Debt Securities shall be treated for all purposes as having become either record holder or holders of such common Common Shares at such time and such conversion shall be at the conversion price in effect at such time. In the case of any Security of any series Series which is converted in part only, upon such conversion, the company Company shall execute and, upon the Company's request and at the Company's expense, the Trustee or an Authenticating Agent authenticating agent shall authenticate and deliver to the Holder thereof, as requested by such Holder, a new Security or Debt Securities of such series Series of authorized denominations in aggregate principal amount equal to the unconverted portion of such Security. If the last day on which such Security may be converted is not a Business Day in a place where the conversion agent for that Security is located, such Security may be surrendered to that conversion agent on the next succeeding day that is a Business Day. The Company shall not be required to deliver certificates for Common Shares upon conversion while its stock transfer books are closed for a meeting of shareholders or for the payment of dividends or for any other purpose, but certificates for Common Shares shall be delivered as soon as the stock transfer books shall again be opened.

Appears in 1 contract

Samples: Indenture (FMC Corp)

AutoNDA by SimpleDocs

ISSUANCE OF COMMON SHARES ON CONVERSIONS. As promptly as practicable after the surrender surrender, as herein provided, of any Security or Debt Securities for conversion into Common sharesShares, the Company shall deliver or cause to be delivered at its said office or agency to or upon the written order of the Holder of the Security or Debt Securities so surrendered a certificate or certificates representing the number of duly authorized, validly issued, fully paid and nonassessable Common Shares into which such Security or Debt Securities may be converted in accordance with the terms thereof and the provisions of this Article Sixteen. Prior to delivery of such certificate or certificates, the Company shall require written notice at its said office or agency from the Holder of the security Security or securities Securities so surrendered stating that the Holder irrevocably elects to convert such Security or securitiesSecurities, or or, if less than the entire principal amount thereof is to be converted, stating the portion thereof to be converted. Such notice shall also state the name or names (with address and social security or other taxpayer identification number) in which said certificate or certificates are to be issued. Such conversion shall be deemed to have been made at the time that such Security or Debt Securities shall have been surrendered for conversion and such notice shall have been received by the Company or the Trustee, the rights of the Holder of such Security or Debt Securities as a Holder shall cease at such time, the Person or Persons entitled to receive the Common Shares upon conversion of such Security or Debt Securities shall be treated for all purposes as having become either record holder or holders of such common Common Shares at such time and such conversion shall be at the conversion price in effect at such time. In the case of any Security of any series which is converted in part only, upon such conversion, the company Company shall execute and, upon the Company's request and at the Company's expense, the Trustee or an Authenticating Agent shall authenticate and deliver to the Holder thereof, as requested by such Holder, a new Security or Debt Securities of such series of authorized denominations in aggregate principal amount equal to the unconverted portion of such Security. If the last day on which such Security may be converted is not a Business Day in a place where the conversion agent for that Security is located, such Security may be surrendered to that conversion agent on the next succeeding day that is a Business Day. The Company shall not be required to deliver certificates for Common Shares upon conversion while its stock transfer books are closed for a meeting of shareholders or for the payment of dividends or for any other purpose, but certificates for Common Shares shall be delivered as soon as the stock transfer books shall again be opened.

Appears in 1 contract

Samples: Indenture (Developers Diversified Realty Corp)

ISSUANCE OF COMMON SHARES ON CONVERSIONS. As promptly as practicable after the surrender surrender, as herein provided, of any Security or Debt Securities for conversion into Common sharesShares, the Company shall deliver or cause to be delivered at its said the office or agency to be maintained by it in accordance with the provisions of Section 3.02 to or upon the written order of the Holder of the Security or Debt Securities so surrendered a certificate or certificates representing the number of duly authorized, validly issued, fully paid and nonassessable Common Shares into which such Security or Debt Securities may be converted in accordance with the terms thereof and the provisions of this Article Sixteen13. Prior to delivery of such certificate or certificates, the Company shall require written notice at its said office or agency from the Holder of the security Security or securities Securities so surrendered stating that the Holder irrevocably elects to convert such Security or securitiesSecurities, or or, if less than the entire principal amount thereof is to be converted, stating the portion thereof to be converted. Such notice shall also state the name or names (with address and social security or other taxpayer identification number) in which said certificate or certificates are to be issued. Such conversion shall be deemed to have been made at the time that such Security or Debt Securities shall have been surrendered for conversion and such notice shall have been received by the Company or the Trustee, Trustee and such conversion shall be at the conversion price in effect at such time. The rights of the Holder of such Security or Debt Securities as a Holder shall cease at such time, and the Person or Persons entitled to receive the Common Shares upon conversion of such Security or Debt Securities shall be treated for all purposes as having become either record holder or holders of such common Common Shares at such time and such conversion shall be at the conversion price in effect at such time. In the case of any Security of any series which Series that is converted in part only, upon such conversion, conversion the company Company shall execute and, upon the Company's request and at the Company's expense, the Trustee or an Authenticating Agent authenticating agent shall authenticate and deliver to the Holder thereof, as requested by such Holder, a new Security or Debt Securities of such series Series of authorized denominations in aggregate principal amount equal to the unconverted portion of such Security. If the last day on which such Security may be converted is not a Business Day in a place where the conversion agent for that Security is located, such Security may be surrendered to that conversion agent on the next succeeding day that is a Business Day. The Company shall not be required to deliver certificates for Common Shares upon conversion while its stock transfer books are closed for a meeting of shareholders or for the payment of dividends or for any other purpose, but certificates for Common Shares shall be delivered as soon as the stock transfer books shall again be opened.

Appears in 1 contract

Samples: Indenture (Fluor Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!