Issuance of Common Stock on Conversion. (i) If a Series E Preferred Stockholder shall surrender more than one Preferred Certificate for conversion at any one time, the number of such shares of Common Stock issuable upon conversion thereof shall be computed on the basis of the aggregate number of shares of Series E Preferred Stock so surrendered.
(ii) No fractional shares of Common Stock shall be issued upon conversion of shares of Series E Preferred Stock. The Corporation shall pay a cash adjustment for such fractional interest in an amount equal to the then Current Market Price of a share of Common Stock multiplied by such fractional interest.
Issuance of Common Stock on Conversion. (i) If a Series A Preferred Stockholder shall surrender more than one Preferred Certificate for conversion at any one time, the number of such shares of Common Stock issuable upon conversion thereof shall be computed on the basis of the aggregate number of shares of Series A Preferred Stock so surrendered.
Issuance of Common Stock on Conversion. (a) As promptly as practicable after the surrender, as herein provided, of any Debenture or Debentures for conversion, accompanied by the funds, if any, required by Section 14.03, 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 Debenture or Debentures so surrendered, certificates representing the number of fully paid and nonassessable shares of Common Stock of the Company into which such Debenture or Debentures may be converted in accordance with the provisions of this Article Fourteen. Such conversion shall be deemed to have been made at the close of business on the date that such Debenture or Debentures shall have been surrendered for conversion with a notice of conversion duly executed, accompanied by the funds, if any, required by Section 14.03, so that the rights of the holder of such Debenture or Debentures as a Debentureholder shall cease at such time and, subject to the following provisions of this paragraph, the person or persons entitled to receive the shares of Common Stock upon conversion of such Debenture or Debentures shall be treated for all purposes as having become the record holder or holders of such shares of Common Stock at such time and such conversion shall be at the conversion price in effect at such time; provided, however, that no such surrender on any date when the stock transfer books of the Company shall be closed shall be effective to constitute the person or persons entitled to receive the shares of Common Stock upon such conversion as the record holder or holders of such shares of Common Stock on such date, but such surrender shall be effective to constitute the person or persons entitled to receive such shares of Common Stock as the record holder or holders thereof for all purposes at the close of business on the next succeeding day on which such stock transfer books are open; and, in that event such conversion shall be at the conversion price in effect on the date that such Debenture or Debentures shall have been surrendered for conversion, as if the stock transfer books of the Company had not been closed.
(b) All Debentures surrendered for conversion shall, if surrendered to the Company or any conversion agent, be delivered to the Debenture Registrar for cancellation and cancelled by it or, if surrendered to the Debenture Registrar, shall be cancelled by it, and, subject to the next succeeding sentence, no Debentures shall be issued in lieu ...
Issuance of Common Stock on Conversion. No Adjustment for Interest or Dividends Promptly following the automatic conversion of the aforesaid amount of the Notes issued pursuant to this Indenture, the Company shall issue and shall deliver to the Trustee certificates for the number of full shares of Common Stock issuable to the Holders upon the conversion of each Holder's Note in accordance with the provisions of this Article Fourteen and a check or cash in respect of any fractional interest in respect of a share of Common Stock arising upon such conversion, as provided in Section 14.3.
Issuance of Common Stock on Conversion. Payment in Lieu of ---------------------------------------------------------- Fractional Shares; Payment of Interest. As soon as practicable after any such -------------------------------------- conversion, and in any event within 10 days thereafter, the Company, at its expense (including the payment by it of any applicable issue or stamp taxes), will cause to be issued in the name of and delivered to the Holder, or as the Holder (upon payment by such holder of any applicable transfer taxes) may direct, a certificate or certificates for the number of fully paid and nonassessable shares of Common Stock to which the Holder shall be entitled on such conversion, in such denominations as may be requested by the Holder, plus, in lieu of any fractional share to which the Holder would otherwise be entitled, cash equal to the amount of such fractional share multiplied by the then fair market value (as determined in good faith by the Board of Directors of the Company) of a single share of Common Stock. Concurrently with the issuance of such shares, the Company shall pay all unpaid interest which accrued prior to the date of the Conversion Notice with respect to the portion of the principal amount of this Convertible Debenture then being converted.
Issuance of Common Stock on Conversion. The Issuer covenants that it will reserve sufficient Common Stock for issuance upon the conversion of the Securities. The Issuer will, in accordance with Article 11 hereof, promptly issue certificates for shares of Common Stock upon compliance by any Securityholder with the requirements thereof.
Issuance of Common Stock on Conversion. The Issuer shall deliver or cause to be delivered to the Convertible Lender on the Conversion Date certificates representing the number of fully paid and nonassessable shares of Common Stock into which Conversion Amount is to be converted in accordance with the provisions hereof. Such conversion shall be deemed to have been made at the close of business on the date the certificates are delivered and the principal of the SCI Loans shall be deemed to be repaid by an amount equal to such converted Conversion Amount on such date. Accrued interest on such SCI Loans shall remain due and owing and payable at the time and as otherwise provided in the Credit Agreement. No fractional shares of Common Stock shall be issued upon conversion. Instead of any fractional shares of Common Stock which would otherwise be issuable upon conversion, the Issuer shall pay a cash adjustment in respect of such fraction in an amount equal to such fraction of a share multiplied by the Conversion Price.
Issuance of Common Stock on Conversion. The Company covenants that it will reserve sufficient Common Stock for issuance upon the conversion of the Notes. The Company will, in accordance with Article VI hereof, promptly issue certificates for shares of Common Stock upon compliance by any Noteholder with Article VI hereof.
Issuance of Common Stock on Conversion. (a) All shares of Common Stock delivered upon conversion of this Debenture will, upon delivery, be duly authorized, validly issued and fully paid and nonassessable.
(b) No fractional shares of Common Stock shall be issued upon conversion of this Debenture. Instead of any fractional share of Common Stock which would otherwise be deliverable upon the conversion of this Debenture, the Company shall pay to the holder an amount in cash (computed to the nearest cent) equal to the Conversion Price multiplied by the fraction of a share of Common Stock represented by such fractional interest.
(c) The issuance of certificates for shares of Common Stock upon any conversion of this Debenture shall be made without charge to the payee hereof for any tax, unless required by law, or other expense in respect to the issuance of such certificates, all of which taxes and expenses shall be paid by the Company, and such certificates shall be issued only in the name of the Registered Holder of this Debenture.
Issuance of Common Stock on Conversion. Upon receiving a properly executed conversion election, ETI shall deliver or cause to be delivered to the Holder a certificate or certificates representing the number of duly authorized, validly issued, fully paid and non-assessable shares of Common Stock into which this Note shall be converted in accordance with the provisions of this Section. Such conversion shall be deemed to have been made at the time of the receipt of the conversion election. The rights of the Holder as a holder of this Note shall cease at the time this Note is fully converted and, subject to the provision of Section 2(h) hereof, the person entitled to receive the shares of Common Stock upon conversion of such Note shall be treated for all purposes as having become the record holder of such shares at such time and such conversion shall be at the conversion rate in effect at such time. ETI shall not be obligated to deliver or cause to be delivered such certificates to the Holder unless and until this Note is delivered to ETI or the Holder notifies ETI that this Note has been lost, stolen or destroyed and executes an agreement satisfactory to ETI to indemnify ETI from any loss incurred by it in connection therewith.
