Common use of Other Adjustment of Conversion Price Clause in Contracts

Other Adjustment of Conversion Price. If the Company shall take any action affecting the Common Shares, other than an action described in subsections 5.1.2, 5.1.3, 5.1.4, 5.1.6 or 5.1.7 but including an action under subsection 5.1.5, which results in a Holder of Debentures being unable, for any period of time, to exercise conversion privileges that it would otherwise be permitted to exercise due to requirements necessary to ensure that the Debentures will be and will remain exempt from Canadian withholding tax, the Conversion Price may be adjusted in such manner and at such time, or such other adjustment to the conversion privilege may be made, as the Board of Directors determine to be equitable in the circumstances, subject to the prior written consent of the Recognized Stock Exchanges. Failure of the Board of Directors to take any such action shall be conclusive evidence that the Board of Directors has determined that it is equitable to make no adjustment in the circumstances.

Appears in 2 contracts

Samples: Indenture (Golden Star Resources LTD), Indenture (Golden Star Resources LTD)

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Other Adjustment of Conversion Price. If the Company Corporation shall take any action affecting the Common Shares, other than an action described in subsections 5.1.2sections 6.1(a), 5.1.36.1(b), 5.1.46.1(d), 5.1.6 6.1(e), 6.1(f) or 5.1.7 6.1(h) but including an action under subsection 5.1.5section 6.1(g)6.1(e), which results in a Holder of Debentures being unable, for any period of time, to exercise conversion privileges that it would otherwise be permitted to exercise due to requirements necessary to ensure that the Debentures will be and will remain exempt from Canadian withholding taxTaxes, the Conversion Price may be adjusted in such manner and at such time, or such other adjustment to the conversion privilege may be made, as the Board of Directors determine to be equitable in the circumstances, subject to the prior written consent of the a Recognized Stock ExchangesExchange. Failure of the Board of Directors to take any such action shall be conclusive evidence that the Board of Directors has determined that it is equitable to make no adjustment in the circumstances.

Appears in 1 contract

Samples: Indenture (Student Transportation Inc.)

Other Adjustment of Conversion Price. If the Company shall take any action affecting the Common Shares, other than an action described in subsections 5.1.26.1.2, 5.1.36.1.3, 5.1.4, 5.1.6 6.1.4 or 5.1.7 6.1.6 but including an action under subsection 5.1.56.1.5, which results in a Holder of Debentures being unable, for any period of time, to exercise conversion privileges that it would otherwise be permitted to exercise due to requirements necessary to ensure that the Debentures will be and will remain exempt from Canadian withholding tax, the Conversion Price may be adjusted in such manner and at such time, or such other adjustment to the conversion privilege may be made, as the Board of Directors determine to be equitable in the circumstances, subject to the prior written consent of the a Recognized Stock ExchangesExchange. Failure of the Board of Directors to take any such action shall be conclusive evidence that the Board of Directors has determined that it is equitable to make no adjustment in the circumstances.

Appears in 1 contract

Samples: Alamos Gold Inc

Other Adjustment of Conversion Price. If the Company shall take any action affecting the Common Shares, other than an action described in subsections 5.1.26.1.2, 5.1.36.1.3, 5.1.4, 5.1.6 6.1.4 or 5.1.7 6.1.6 but including an action under subsection 5.1.56.1.5, which results in a Holder of Debentures being unable, for any period of time, to exercise conversion privileges that it would otherwise be permitted to exercise due to requirements necessary to ensure that the Debentures will be and will remain exempt from Canadian withholding tax, the Conversion Price may be adjusted in such manner and at such time, or such other adjustment to the conversion privilege may be made, as the Board of Directors determine to be equitable in the circumstances, subject to the prior written consent of the Recognized Stock Exchanges. Failure of the Board of Directors to take any such action shall be conclusive evidence that the Board of Directors has determined that it is equitable to make no adjustment in the circumstances.

Appears in 1 contract

Samples: Golden Star Resources LTD

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Other Adjustment of Conversion Price. If the Company Corporation shall take any action affecting the Common Shares, other than an action described in subsections 5.1.2sections 6.1(a), 5.1.36.1(b), 5.1.4, 5.1.6 6.1(d) or 5.1.7 6.1(f) but including an action under subsection 5.1.5section 6.1(e), which results in a Holder of Debentures being unable, for any period of time, to exercise conversion privileges that it would otherwise be permitted to exercise due to requirements necessary to ensure that the Debentures will be and will remain exempt from Canadian withholding taxtaxes, the Conversion Price may be adjusted in such manner and at such time, or such other adjustment to the conversion privilege may be made, as the Board of Directors determine to be equitable in the circumstances, subject to the prior written consent of the a Recognized Stock ExchangesExchange. Failure of the Board of Directors to take any such action shall be conclusive evidence that the Board of Directors has determined that it is equitable to make no adjustment in the circumstances.

Appears in 1 contract

Samples: Student Transportation Inc.

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