Common use of Limitation on Adjustments Clause in 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 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 8 contracts

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

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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

Samples: Indenture (Lumentum Holdings Inc.), Indenture (Amicus Therapeutics 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 (Immunogen Inc), Indenture (Protalix BioTherapeutics, Inc.)

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

Samples: Restructuring Support, Forbearance, and Settlement Agreement (CAESARS ENTERTAINMENT Corp)

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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

Samples: Indenture (Braemar Hotels & Resorts Inc.)

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