Payment in Common Shares Sample Clauses

Payment in Common Shares. On redemption or on maturity of the Debentures, the Corporation may, at its sole option and subject to the provisions of Sections 4.6 and 4.9, as applicable, and subject to any applicable regulatory approvals, elect to satisfy its obligation to pay all or a portion of the aggregate principal amount of the Debentures by issuing and delivering Freely Tradeable Common Shares to such holders of Debentures. If the Corporation elects to exercise such option, it will provide details in the Redemption Notice or deliver a maturity notice (the “Maturity Notice”) to the holders of the Debentures substantially in the form of Schedule C. Interest accrued and unpaid on the Debentures to but not including the Redemption Date or the Maturity Date will be paid in cash, subject to Section 2.2(j) .
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Payment in Common Shares. Upon and subject to the terms and conditions of Section 2.10, on the Maturity Date, the holders of the Debentures shall have the right to require the Corporation to repay all or any portion of the outstanding principal amount of the Debentures then outstanding through the issuance of Common Shares in satisfaction of such amounts at a price equal to the Current Market Price at the close of business on the Business Day immediately prior to the Maturity Date.
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Payment in Common Shares. In addition to payment pursuant ------------------------ to paragraph 4 above, this Note may also be paid in full or in part by the Maker at any time or from time to time by either (a) the surrender to the Trust for cancellation of a certificate or certificates registered in the name of the Maker (or his successors or assigns) representing the Trust's common shares of beneficial interest, par value $.01 per share ("Common Shares"), or (b) the delivery by the Maker to the Trust of a written instrument notifying the Trust of the Maker's intent to surrender for cancellation of a specified number of the Pledged Shares (as defined below) then held by the Trust pursuant to the terms of the Pledge Agreement (as defined below) for the purpose of making such payment. In either case, the aggregate amount of the accrued but unpaid interest and principal, if any, to be paid shall be calculated based on the aggregate Value (as defined below) of the Common Shares surrendered or to be surrendered for cancellation by the Trust. For purposes of this Note, "Value" shall mean the product of the number of Common Shares so delivered, multiplied by the Fair Market Value of a Common Share. "Fair Market Value" shall mean 100% of the closing sale price of the Trust's common shares of beneficial interest (as reported on The New York Stock Exchange's Composite Transactions Tape) for the trading day immediately preceding the day on which the Trust has taken delivery of the Common Shares or the Maker's written request for the application of Pledged Shares for such purpose, as the case may be, in connection with such payment.
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Payment in Common Shares on Redemption of Debentures ---------------------------------------------------- Subject to section 3.10 and applicable law and regulatory approval, and notwithstanding any other provision of this Indenture, the Corporation may, at its option, in the case of redemption on notice given contemporaneously with the notice of redemption pursuant to section 3.4 to the Trustee and the Holders of the Debentures and in accordance with subsection 3.12 and Article 11, elect to satisfy and discharge its obligation hereunder and under the Debentures to pay all or any part of the aggregate principal amount payable to the Holders of Debentures on redemption by the issue and delivery to such holders of that number of freely tradeable, fully paid and non-assessable Common Shares obtained by dividing such aggregate principal amount by 95% of the Current Market Price of the Common Shares as at the redemption date. The Corporation may not exercise the right conferred by this section 3.9 if an Event of Default hereunder has occurred and is continuing at the date of the notice referred to in this section 3.9.
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Related to Payment in Common Shares

  • Common Shares 4 Company...................................................................................... 4

  • Common Stock 1 Company........................................................................1

  • Parent Common Stock At and after the Effective Time, each share of Parent Common Stock issued and outstanding immediately prior to the Effective Time shall remain an issued and outstanding share of common stock of the Surviving Corporation and shall not be affected by the Merger.

  • Fractional Shares of Common Stock (a) The Company shall not issue fractions of Warrants or distribute Warrant Certificates which evidence fractional Warrants. Whenever any fractional Warrant would otherwise be required to be issued or distributed, the actual issuance or distribution shall reflect a rounding of such fraction to the nearest whole Warrant (rounded down). (b) The Company shall not issue fractions of shares of Common Stock upon exercise of Warrants or distribute stock certificates which evidence fractional shares of Common Stock. Whenever any fraction of a share of Common Stock would otherwise be required to be issued or distributed, the actual issuance or distribution in respect thereof shall be made in accordance with Section 2(d)(v) of the Warrant Certificate.

  • Changes in Common Stock If, and as often as, there is any change in the Common Stock by way of a stock split, stock dividend, combination or reclassification, or through a merger, consolidation, reorganization or recapitalization, or by any other means, appropriate adjustment shall be made in the provisions hereof so that the rights and privileges granted hereby shall continue with respect to the Common Stock as so changed.

  • Ordinary Shares The Ordinary Shares included in the Units have been duly authorized and, when issued and delivered against payment for the Offered Securities by the Underwriters pursuant to this Agreement and registered in the Company’s register of members, will be validly issued, fully paid and non-assessable. The holders of such Ordinary Shares are not and will not be subject to personal liability by reason of being such holders; such Ordinary Shares are not and will not be subject to any preemptive or other similar contractual rights granted by the Company.

  • Purchaser Common Stock Each share of common stock, par value $0.001 per share, of the Purchaser (the “Purchaser Common Stock”) issued and outstanding immediately prior to the Effective Time shall be converted into and become one newly and validly issued, fully paid and nonassessable share of common stock of the Surviving Corporation.

  • Shares The term “

  • Company Stock The authorized capital stock of the Company consists of: (i) 95,000,000 shares of Company Common Stock, (ii) 900,000 shares of undesignated preferred stock, par value $1.75 per share, and (iii) 100,000 shares of Series A Preferred Stock, par value $1.75 per share (the “Series A Preferred Stock”) (the undesignated and Series A Preferred Stock are collectively referred to herein as the “Company Preferred Stock”). As of August 7, 2007, (a) 44,641,388 shares of Company Common Stock were issued and outstanding, (b) no shares of Company Preferred Stock were issued and outstanding, (c) 18,195,312 shares of Company Common Stock were reserved for issuance under the Company Stock Plans, (d) 1,500,000 shares of Company Common Stock were reserved for issuance under stock options granted outside of the Company Stock Plans, (e) 1,370,763 shares of Company Common Stock were reserved for issuance under Company Warrants, and (f) 378,100 shares of Company Common Stock were held in treasury. The outstanding shares of Company Common Stock have been duly authorized and are validly issued and outstanding, fully paid and nonassessable, and subject to no preemptive rights (and were not issued in violation of any subscriptive or preemptive rights). As of the date hereof, other than the Company Stock Options and the Company Warrants, there are no shares of Company Common Stock authorized and reserved for issuance, the Company does not have any Rights issued or outstanding with respect to Company Stock, and the Company does not have any commitment to authorize, issue or sell any Company Stock or Rights, except pursuant to this Agreement. Section 4.2(e) of the Company Disclosure Schedule sets forth a list of the holders of outstanding Company Stock Options and Company Warrants, the date that each such Company Stock Option or Company Warrant was granted, the number of shares of Company Common Stock subject to each such Company Stock Option or Company Warrant, the vesting schedule and expiration date of each such Company Stock Option or Company Warrant and the price at which each such Company Stock Option or Company Warrant may be exercised.

  • Adjustment of Exercise Price, Number of Shares of Common Stock or Number of the Company Warrants The Exercise Price, the number of shares covered by each Warrant and the number of Warrants outstanding are subject to adjustment from time to time as provided in Section 3 of the Warrant Certificate. In the event that at any time, as a result of an adjustment made pursuant to Section 3 of the Warrant Certificate, the Holder of any Warrant thereafter exercised shall become entitled to receive any shares of capital stock of the Company other than shares of Common Stock, thereafter the number of such other shares so receivable upon exercise of any Warrant shall be subject to adjustment from time to time in a manner and on terms as nearly equivalent as practicable to the provisions with respect to the shares contained in Section 3 of the Warrant Certificate and the provisions of Sections 7, 11 and 12 of this Agreement with respect to the shares of Common Stock shall apply on like terms to any such other shares. All Warrants originally issued by the Company subsequent to any adjustment made to the Exercise Price pursuant to the Warrant Certificate shall evidence the right to purchase, at the adjusted Exercise Price, the number of shares of Common Stock purchasable from time to time hereunder upon exercise of the Warrants, all subject to further adjustment as provided herein.

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