Optional Conversion/Conversion Price. Each Note shall be convertible in accordance with Section 1(a) above into the number of shares of Common Stock which results from dividing the then existing Principal Amount of such Note, plus any accrued and unpaid interest thereon, by the conversion price that is in effect at the time of conversion (the “Conversion Price”).Parent Issuer may make such decreases in the Conversion Price, in addition to those required by this Section 1, as the Board of Directors of Parent Issuer considers advisable in order to avoid or diminish any income tax to any holders of Common Stock resulting from any dividend or distribution of stock or issuance of rights or warrants to purchase or subscribe for stock or from any event treated as such for income tax purposes. The initial Conversion Price shall be $11.05, subject to adjustment as provided for in this Section 1.
Appears in 2 contracts
Samples: Third Lien Subordinated Exchange Note Exchange Agreement (Navation, Inc.), Third Lien Subordinated Exchange Note Exchange Agreement (Manchester Financial Group, LP)
Optional Conversion/Conversion Price. Each Note shall be convertible in accordance with Section 1(a) above into the number of shares of Common Stock which results from dividing the then existing Principal Amount of such Note, plus any accrued and unpaid interest thereon, by the conversion price that is in effect at the time of conversion (the “"Conversion Price”).Parent Price").Parent Issuer may make such decreases in the Conversion Price, in addition to those required by this Section 1, as the Board of Directors of Parent Issuer considers advisable in order to avoid or diminish any income tax to any holders of Common Stock resulting from any dividend or distribution of stock or issuance of rights or warrants to purchase or subscribe for stock or from any event treated as such for income tax purposes. The initial Conversion Price shall be $11.05, subject to adjustment as provided for in this Section 1.
Appears in 1 contract
Samples: Third Lien Subordinated Exchange Note Exchange Agreement (NextWave Wireless Inc.)
Optional Conversion/Conversion Price. Each Note shall be convertible in accordance with Section 1(a) above into the number of shares of Common Stock which results from dividing the then existing Principal Amount of such Note, plus any accrued and unpaid interest thereon, by the conversion price that is in effect at the time of conversion (the “Conversion Price”).Parent Price). Parent Issuer may make such decreases in the Conversion Price, in addition to those required by this Section 1, as the Board of Directors of Parent Issuer considers advisable in order to avoid or diminish any income tax to any holders of Common Stock resulting from any dividend or distribution of stock or issuance of rights or warrants to purchase or subscribe for stock or from any event treated as such for income tax purposes. The initial Conversion Price shall be $11.05, subject to adjustment as provided for in this Section 1.
Appears in 1 contract
Samples: Second Lien Subordinated Note Purchase Agreement (NextWave Wireless Inc.)