Other Adjustment Events. If any event occurs of the type contemplated by the provisions of this Article 2 but not expressly provided for by such provisions, then the Company’s Board of Directors will make an appropriate adjustment in the Warrant Price and the number of Warrant Shares so as to protect the rights of the Holder; provided that no such adjustment pursuant to this Article 2.4 will increase the Warrant Price or decrease the number of Shares as otherwise determined pursuant to this Article 2.
Other Adjustment Events. In the event of (i) any dividend or distribution by The Learning Company to all holders of Learning Common Stock of evidences of its indebtedness or other assets (excluding any dividends or distributions referred to in clause (A) of paragraph (a)(i) of this Section, any common shares issued pursuant to a reclassification referred to in clause (D) of paragraph (a)(i) of this Section and any Ordinary Cash Dividends) or any issuance by The Learning Company to all holders of Learning Common Stock of rights or warrants (other than rights or warrants referred to in paragraph (a)(ii) of this Section), (ii) any consolidation or merger of The Learning Company with or into another entity (other than a merger or consolidation in which The Learning Company is the continuing corporation and in which the Learning Common Stock outstanding immediately prior to the merger or consolidation are not exchanged for cash, securities or other property of The Learning Company or another corporation), (iii) any sale, transfer, lease or conveyance to another corporation of the property of The Learning Company as an entirety or substantially as an entirety, (iv) any statutory exchange of securities of The Learning Company with another corporation (other than in connection with a merger or acquisition) or (v) any liquidation, dissolution or winding up of The Learning Company (any such event, an "Adjustment Event"), the property receivable by Holders of DECS at Maturity shall be subject to adjustment from time to time as follows:
(1) Each holder of a DECS will receive at Maturity, in lieu of or (in the case of an Adjustment Event described in clause (i) of this paragraph (b)) in addition to, the shares of Learning Common Stock that it would otherwise receive as required by Section 2.02, cash in an amount equal to (A) if the Maturity Price is greater than or equal to the Threshold Appreciation Price, 0.8309 multiplied by the Transaction Value, (B) if the Maturity Price is less than the Threshold Appreciation Price but is greater than the Initial Price, the product of (x) the Initial Price divided by the Maturity Price multiplied by (y) the Transaction Value and (C) if the Maturity Price is less than or equal to the Initial Price, the Transaction Value.
(2) Following an Adjustment Event, the Maturity Price, as such term is used in subparagraph (b)(1) above and throughout the definition of Exchange Rate, shall be deemed to equal (A) if shares of Learning Common Stock are outstanding at Ma...
Other Adjustment Events. If the holders of at least a majority of the then outstanding Preference Shares reasonably determine that an adjustment should be made to the Series A Conversion Price as a result of one or more events or circumstances not referred to in this Clause 18.3, the Company shall request such firm of internationally recognized independent accountants jointly selected by the Company and such holders, acting as experts, to determine as soon as practicable what adjustment (if any) to the Series A Conversion Price is fair and reasonable to take account thereof and the date on which such adjustment should take effect, and upon such determination such adjustment (if any) shall be made and shall take effect in accordance with such determination. The costs, fees and expenses of the accountants selected shall be borne by the Company.
Other Adjustment Events. Subject to the prior consent of the Principal Market, the Company may at any time reduce the Exercise Price or increase the Aggregate Number to an amount and for any period of time deemed appropriate by the board of directors of the Company.
Other Adjustment Events. In the event of (i) any dividend or distribution by Cincinnati Bell to all holders of Cincinnati Bell Common Shxxxx of evidences of its indebtednxxx or other assets (excluding any Ordinary Share Dividends and other dividends or distributions referred to in clause (A) of paragraph (a)(i) of this Section, any common shares issued pursuant to a reclassification referred to in clause (D) of paragraph (a)(i) of this Section and any Ordinary Cash Dividends or any issuance by Cincinnati Bell to all holders of Cincinnati Bell Common Shxxxx of rights or warrants to xxxscribe for or purchase any of its securities (other than rights or warrants referred to in paragraph (a)(ii) of this Section), (ii) any consolidation or merger of Cincinnati Bell with or into another entity (other than a mxxxxr or consolidation in which Cincinnati Bell is the continuing corporation and in which xxx Cincinnati Bell Common Shares outstanding immediately prior xx the merger or consolidation are not exchanged for cash, securities or other property of Cincinnati Bell or another corporation), (iii) any sale, trxxxxer, lease or conveyance to another corporation of the property of Cincinnati Bell as an entirety or substantially as an entirxxx, (iv) any statutory exchange of securities of Cincinnati Bell with another corporation (other than in conxxxxion with a merger or acquisition) or (v) any liquidation, dissolution or winding up of Cincinnati Bell (any such event, an "Adjustment Event"), thx xxoperty receivable by Holders of DECS at Maturity shall be subject to adjustment from time to time as follows:
(1) Each Holder of a DECS will receive at Maturity, in lieu of or (in the case of an Adjustment Event described in clause (i) of this paragraph (b)) in addition to, each Cincinnati Bell Common Share that it would otherwise receivx xx required by Section 2.02, cash in an amount equal to (A) if the Maturity Price is greater than or equal to the Threshold Appreciation Price, multiplied by the Transaction Value, (B) if the Maturity Price is less than the Threshold Appreciation Price but greater than the Initial Price, the product of (x) the Initial Price divided by the Maturity Price multiplied by (y) the Transaction Value and (C) if the Maturity Price is less than or equal to the Initial Price, the Transaction Value.
(2) Following an Adjustment Event, the Maturity Price, as such term is used throughout the definition of Exchange Rate and in subparagraph (b)(1) above, shall be deemed to equal (A)...
Other Adjustment Events. If an Adjustment Event occurs, the property receivable by holders of DECS at Maturity shall be subject to adjustment from time to time as follows:
(1) Each holder of a DECS will receive at Maturity, in lieu of or (in the case of an Adjustment Event described in clause (i) of the definition thereof) in addition to, each share of RMI Common Stock that it would otherwise receive as required by Section 2.02, -8- 10 cash in an amount equal to (A) if the Maturity Price is greater than or equal to the Threshold Appreciation Price, 0.8472 multiplied by the Transaction Value, (B) if the Maturity Price is less than the Threshold Appreciation Price but greater than the Initial Price, the product of (x) the Initial Price divided by the Maturity Price multiplied by (y) the Transaction Value and (C) if the Maturity Price is less than or equal to the Initial Price, the Transaction Value.
(2) Following an Adjustment Event, the Maturity Price, as such term is used throughout the definition of Exchange Rate and in subparagraph (b)(1) above, shall be deemed to equal (A) the Maturity Price of the shares of the RMI Common Stock, as adjusted pursuant to the provisions of paragraph (a)(iv) of this Section, plus (B) the Transaction Value.
(3) Notwithstanding the foregoing, with respect to any Reported Securities received in such Adjustment Event, the Company may, at its option, in lieu of delivering the amount of cash deliverable in respect of Reported Securities received in an Adjustment Event, determined in accordance with subparagraph (b)(1), deliver a number of such Reported Securities with a value equal to such cash amount, as determined in accordance with clause (b) of the definition of Transaction Value, as applicable; provided, however, that (i) if such option is exercised, the Company shall deliver Reported Securities in respect of all, but not less than all, cash amounts that would otherwise be deliverable in respect of Reported Securities received in an Adjustment Event, (ii) the Company may not exercise such option if the Company has elected to deliver cash in lieu of the shares of RMI Common Stock, if any, deliverable upon Maturity or if such Reported Securities have not yet been delivered to the holders entitled thereto following such Adjustment Event or any record date with respect thereto and (iii) subject to clause (ii) of this proviso, the Company must exercise such option if the Company does not elect to deliver cash in lieu of the shares of RMI Common Stock, i...
Other Adjustment Events. If an Adjustment Event occurs, the property receivable by holders of SAILS at maturity shall be subject to adjustment from time to time as follows:
(1) Each holder of a SAILS will receive at Maturity, in lieu of or (in the case of an Adjustment Event described in clause (i) of the definition thereof) in addition to, each share of IBC Common Stock that it would otherwise receive (as required by Section 2.02 and utilizing the Maturity Price described in subparagraph (b)(2) below), cash in an amount equal to (A) if the Maturity Price is greater than or equal to the Threshold Appreciation Price, ______ multiplied by the Transaction Value, (B) if the Maturity Price is less than the Threshold Appreciation Price but greater than the Initial Price, the product of (x) the Initial Price divided by the Maturity Price multiplied by (y) the Transaction Value and (C) if the Maturity Price is less than or equal to the Initial Price, the Transaction Value.
(2) Following an Adjustment Event, the Maturity Price, as such term is used throughout the definition of Exchange
Other Adjustment Events. If any event occurs of the type contemplated by the provisions of this Section 8 but not expressly provided for by such provisions, then the Board will make an appropriate adjustment in the Exercise Price and the number of Shares so as to achieve the intended result of the Warrant; provided that no such adjustment pursuant to this Section 8.7 will increase the Exercise Price or decrease the number of Shares as otherwise determined pursuant to this Section 8.
Other Adjustment Events. If any event occurs of the type contemplated by the provisions of this Section 2 but not expressly provided for by such provisions, then the Company’s Board of Directors will make an appropriate adjustment in the Exercise Price so as to protect the rights of the Holder; provided that no such adjustment pursuant to this Section 2.4 will increase the Exercise Price unless as otherwise determined pursuant to this Section 2.
Other Adjustment Events. If an Adjustment Event occurs, the property receivable by holders of Notes upon exchange shall be subject to adjustment from time to time as follows:
(1) Each holder of Notes will receive upon exchange, in lieu of or (in the case of an Adjustment Event described in clause (i) of the definition thereof) in addition to, each share of General Electric Common Stock that it would otherwise receive as required by Section 2.02, cash in an amount equal to the Transaction Value of the cash, Reported Security or other property that would be receivable by a holder of General Electric Common Stock as a result of such Adjustment Event.
(2) Notwithstanding the foregoing, with respect to any Reported Securities received in such Adjustment Event, the Company may, at its option, in lieu of delivering the amount of cash deliverable in respect of Reported Securities received in an Adjustment Event, determined in accordance with subparagraph (b)(l), deliver a number of such Reported Securities with a value equal to such cash amount, as determined in accordance with clause (b) of the definition of Transaction Value, as applicable; provided, however, that (i) if such option is exercised, the Company shall deliver Reported Securities in respect of all, but not less than all, cash amounts that would otherwise be deliverable in respect of Reported Securities received in an Adjustment Event, (ii) the Company may not exercise such option if the Company has elected to deliver cash in lieu of the shares of General Electric Common Stock, if any, deliverable upon exchange or if such Reported Securities have not yet been delivered to the holders entitled thereto following such Adjustment Event or any record date with respect thereto and (iii) subject to clause (ii) of this proviso, the Company must exercise such option if the Company does not elect to deliver cash in lieu of the shares of General Electric Common Stock, if any, deliverable upon exchange. If the Company elects to deliver Reported Securities, each holder of Notes will be responsible for the payment of any and all brokerage and other transaction costs upon the sale of such Reported Securities. If, following any Adjustment Event, any Reported Security ceases to qualify as a Reported Security, then (x) the Company may no longer elect to deliver such Reported Security in lieu of an equivalent amount of cash and (y) notwithstanding clause (b) of the definition of Transaction Value, the Transaction Value of such Reported Security...
