Limitation on Adjustments. Except as stated in this Section 4.04, the Company will not adjust the Conversion Rate for the issuance of shares of Common Stock or any securities convertible into or exchangeable for shares of Common Stock or the right to purchase shares of Common Stock or such convertible or exchangeable securities. If, however, the application of the formulas in Sections 4.04(a) through (e) would result in a decrease in the Conversion Rate, then, except to the extent of any readjustment to the Conversion Rate, no adjustment to the Conversion Rate will be made (other than as a result of a reverse share split or share combination). In addition, notwithstanding anything to the contrary herein, the Conversion Rate will not be adjusted:
Appears in 9 contracts
Samples: Indenture (Sunedison, Inc.), The Agreement and Plan of Merger (Vivint Solar, Inc.), The Agreement and Plan of Merger (Sunedison, Inc.)
Limitation on Adjustments. Except as stated in this Section 4.04, the Company will not adjust the Conversion Rate for the issuance of shares of Common Stock or any securities convertible into or exchangeable for shares of Common Stock or the right to purchase shares of the Common Stock or such convertible or exchangeable securities. If, however, the application of the formulas in Sections 4.04(a) through (e) hereof would result in a decrease in the Conversion Rate, then, except to the extent of any readjustment to the Conversion Rate, no adjustment to the Conversion Rate will be made (other than as a result of a reverse share split split, share combination or share combinationreadjustment). In addition, notwithstanding anything to the contrary herein, the Conversion Rate will not be adjusted:
Appears in 3 contracts
Samples: Mfa Financial (Mfa Financial, Inc.), Supplemental Indenture (Granite Point Mortgage Trust Inc.), Granite Point Mortgage Trust Inc.
Limitation on Adjustments. Except as stated in this Section 4.04, the Company will not adjust the Conversion Rate for the issuance of shares of Common Stock or any securities convertible into or exchangeable for shares of Common Stock or the right to purchase shares of Common Stock or such convertible or exchangeable securities. If, however, the application of the formulas in Sections 4.04(a) through (e) would result in a decrease in the Conversion Rate, then, except to the extent of any readjustment to the Conversion Rate, no adjustment to the Conversion Rate will be made (other than as a result of a reverse share split or share combination). In addition, notwithstanding anything to the contrary herein, the Conversion Rate will not be adjusted:.
Appears in 2 contracts
Samples: Indenture (Protalix BioTherapeutics, Inc.), Immunogen Inc
Limitation on Adjustments. Except as stated in this Section 4.04, the Company will not adjust the Conversion Rate for the issuance of shares of Common Stock or any securities convertible into or exchangeable for shares of Common Stock or the right to purchase shares of Common Stock or such convertible or exchangeable securities. If, however, the application of the formulas in Sections 4.04(a) through (e) hereof would result in a decrease in the Conversion Rate, then, except to the extent of any readjustment to the Conversion Rate, no adjustment to the Conversion Rate will be made (other than as a result of a reverse share split or share combination). In addition, notwithstanding anything to the contrary herein, the Conversion Rate will not be adjusted:.
Appears in 2 contracts
Limitation on Adjustments. Except as stated in this Section 4.04, the Company will not adjust the Conversion Rate for the issuance of shares of Common Stock Shares or any securities convertible into or exchangeable for shares of Common Stock Shares or the right to purchase shares of Common Stock Shares or such convertible or exchangeable securities. IfNotwithstanding anything herein or in the Notes to the contrary, however, if the application of the formulas in Sections 4.04(aSection 4.04 (a) through (e) hereof would result in a decrease in the Conversion Rate, then, except to the extent of any readjustment to the Conversion Rate, no adjustment to the Conversion Rate will be made (other than as a result of a reverse share split or share combination). In addition, notwithstanding anything to the contrary herein, the Conversion Rate will not be adjusted:
Appears in 2 contracts
Samples: Indenture (Herbalife Nutrition Ltd.), Indenture (Herbalife Ltd.)
Limitation on Adjustments. Except as stated in this Section 4.044.4, the Company will not adjust the Conversion Rate for the issuance of shares of Common Stock or any securities convertible into or exchangeable for shares of Common Stock or the right to purchase shares of Common Stock or such convertible or exchangeable securities. IfNotwithstanding anything herein or in the Notes to the contrary, however, if the application of the formulas in Sections 4.04(aSection 4.4(a) through (e) hereof would result in a decrease in the Conversion Rate, then, except to the extent of any readjustment to the Conversion Rate, no adjustment to the Conversion Rate will be made (other than as a result of a reverse share split or share combination). In addition, notwithstanding anything to the contrary herein, the Conversion Rate will not be adjusted:
Appears in 1 contract
Samples: Note Purchase Agreement (Allurion Technologies, Inc.)
Limitation on Adjustments. Except as stated in this Section 4.044.4, the Company will not adjust the Conversion Rate for the issuance of shares of Common Stock or any securities convertible into or exchangeable for shares of Common Stock or the right to purchase shares of Common Stock or such convertible or exchangeable securities. IfNotwithstanding anything herein or in the Notes to the contrary, however, if the application of the formulas in Sections 4.04(aSection 4.4(a) through (e) hereof would result in a decrease in the Conversion Rate, then, except to the extent of any readjustment to the Conversion Rate, no adjustment to the Conversion Rate will be made (other than as a result of a reverse share split or share combination). In addition, notwithstanding anything to the contrary herein, the Conversion Rate will not be adjusted:
Appears in 1 contract
Samples: Note Purchase Agreement (Heron Therapeutics, Inc. /De/)
Limitation on Adjustments. Except as stated in this Section 4.044.4, the Company will not adjust the Conversion Rate for the issuance of shares of Common Stock Shares or any securities convertible into or exchangeable for shares of Common Stock Shares or the right to purchase shares of Common Stock Shares or such convertible or exchangeable securities. IfNotwithstanding anything herein or in the Notes to the contrary, however, if the application of the formulas in Sections 4.04(aSection 4.4(a) through (e) hereof would result in a decrease in the Conversion Rate, then, except to the extent of any readjustment to the Conversion Rate, no adjustment to the Conversion Rate will be made (other than as a result of a reverse share split or share combination). In addition, notwithstanding anything to the contrary herein, the Conversion Rate will not be adjusted:
Appears in 1 contract
Samples: Note Purchase Agreement (Milestone Pharmaceuticals Inc.)
Limitation on Adjustments. Except as stated in this Section 4.0414.05, the Company will not adjust the Conversion Rate for the issuance of shares of shares of the Common Stock or any securities convertible into or exchangeable for shares of shares of the Common Stock or the right to purchase shares of the Common Stock or such convertible or exchangeable securities. If, however, the application of the formulas in Sections 4.04(a14.04(a) through (e) would result in a decrease in the Conversion Rate, then, except to the extent of any readjustment to the Conversion Rate, no adjustment to the Conversion Rate will be made (other than as a result of a reverse share split split, share combination or share combinationreadjustment). In addition, notwithstanding anything to the contrary herein, the Conversion Rate will not be adjusted:.
Appears in 1 contract
Limitation on Adjustments. Except as stated in this Section 4.0410.05, the Company Issuer will not adjust the Conversion Rate for the issuance of shares of Common Stock or any securities convertible into or exchangeable for shares of Common Stock or the right to purchase shares of Common Stock or such convertible or exchangeable securities. If, however, the application of the formulas in Sections 4.04(a10.05(a) through (e) hereof would result in a decrease in the Conversion Rate, then, except to the extent of any readjustment to the Conversion Rate, no adjustment to the Conversion Rate will be made (other than as a result of a reverse share split or share combination). In addition, notwithstanding anything to the contrary herein, and without limiting the foregoing paragraph, the Conversion Rate will not be adjusted:
Appears in 1 contract
Limitation on Adjustments. Except as stated in this Section 4.044.05, the Company will not adjust the Conversion Rate for the issuance of shares of Common Stock or any securities convertible into or exchangeable for shares of Common Stock or the right to purchase shares of Common Stock or such convertible or exchangeable securities. If, however, the application of the formulas in Sections 4.04(a4.05(a) through (e) hereof would result in a decrease in the Conversion Rate, then, except to the extent of any readjustment to the Conversion Rate, no adjustment to the Conversion Rate will be made (other than as a result of a reverse share split or share combination). In addition, notwithstanding anything to the contrary herein, the Conversion Rate will not be adjusted:
Appears in 1 contract
Samples: Seacor Holdings Inc /New/
Limitation on Adjustments. Except as stated in this Section 4.04, the Company will not adjust the Conversion Rate for the issuance of shares of Common Stock Shares or any securities convertible into or exchangeable for shares of Common Stock Shares or the right to purchase shares of Common Stock Shares or such convertible or exchangeable securities. If, however, the application of the formulas in Sections 4.04(a) through (e) hereof would result in a decrease in the Conversion Rate, then, except to the extent of any readjustment to the Conversion Rate, no adjustment to the Conversion Rate will be made (other than as a result of a reverse share split or share combination). In addition, notwithstanding anything to the contrary herein, the Conversion Rate will not be adjusted:
Appears in 1 contract
Samples: Indenture (Golar LNG LTD)