Right of Exchange. Subject to and upon compliance with the provisions of this Section 201, at the option of the Holder thereof, beginning August 3, 1998, any Debenture or any portion of the principal amount thereof which is $1,000 or an integral multiple of $1,000, may (unless the Company shall have elected, pursuant to Section 216 hereof, to pay to the Holder an amount in cash equal to the value of the Exchange Property, in which case the provisions of Section 216 hereof shall be followed), at any time on or before the close of business on August 15, 2008, or in the case of Debentures or portions thereof called for redemption in accordance with Section 1101 of the Indenture, on or before the close of business on the Business Day next preceding the Redemption Date, be exchanged for fully paid and nonassessable shares (calculated as to each exchange to the nearest 1/10,000 of a share) of Chevron Common Stock (as defined in Section 219 hereof) (or such other securities, property or cash as shall be added to such Chevron Common Stock or as such Chevron Common Stock shall have been changed into pursuant to this Article Two) at the Exchange Rate (as defined below) hereinafter provided. The rate at which shares of Chevron Common Stock shall be deliverable upon exchange (herein called the "Exchange Rate") shall be initially 9.3283 shares of Chevron Common Stock for each $1,000 principal amount of Debentures exchanged. The Exchange Rate shall be subject to adjustment as provided in Sections 204, 205, 211 and 215 hereof.
Right of Exchange. Within 24 months from the Policy Date, you may exchange this policy for a new policy on the life of the Insured. We will not require evidence of insurability for this exchange. A new policy means the policy for which this policy may be exchanged.
Right of Exchange. Within 24 months from the Policy Date, you may exchange this Policy for a new fixed benefit life insurance policy on the life of the Insured. We will not require evidence of insurability for this exchange. CONDITIONS: Your right to make this exchange is subject to the following conditions:
Right of Exchange. 53 Section 11.02.
Right of Exchange. Subject to and upon compliance with the provisions of this Article 11, at the option of the Holder thereof, any Security or any portion of the principal amount thereof which is $1,000 or an integral multiple of $1,000 may, at any time or from time on or after September 28, 1997 and before the close of business on _______, 2007 (or if not a Business Day the next preceding Business Day), or, in case such Security or portion thereof shall have been called for redemption prior to such date, then in respect of such Security or portion thereof until and including, but (unless the Company shall default in payment due upon the redemption thereof) not after, the close of business on the Business Day next preceding the Redemption Date or, in case such Security or portion thereof shall have been called for redemption in accordance with Section 11.11, then in respect of such Security or portion thereof until and including, but (unless the Company shall default in payment due upon the redemption thereof) not after, the close of business on the Business Day next preceding the fifteenth day after the date the notice of redemption is mailed, be exchanged for fully paid and non-assessable Vencor Common Shares (or such other securities or property or cash as shall be added to such Vencor Common Shares or as such Vencor Common Shares shall have been changed into as provided in this Article 11) at the Exchange Rate hereinafter provided. The rate at which Vencor Common Shares shall be delivered upon exchange (herein called the "Exchange Rate") shall be initially _______ Vencor Common Shares for each $1,000 principal amount of Securities exchanged. The Exchange Rate shall be subject to adjustment as provided in Sections 11.04, 11.05 and 11.10.
Right of Exchange. At any time beginning of February 1, 2007 and continuing until December 31, 2008, the Employee shall have the right to exchange his shares in the Company for the publicly traded stock of the Holding Company. The exchange rate shall be determined based upon the previous quarters of the Company’s earnings before interest, taxes, depreciation and amortization (EBITDA) times four to reflect an annual EBITDA times a multiple of six. The value of the Holding’s Company stock, shall be determined by the average closing price of the Company’s common stock on any stock exchange. Should the Holding Company not be publicly traded, the value of the Holding Company’s stock shall be determined by agreement of the parties, or if such method is not successful in an agreement , then by appraisal by a qualified investment bank selected by the Holding Company that has knowledge of the industry in which the Company participates. Employee, when desiring to effectuate the exchange, shall give written notice of his election to exchange, and the exchange shall be completed within thirty (30) days from the written notice. After such exchange, the Holding Company will own an increased percentage in the Company.
Right of Exchange. In the event, during the Initial Software Maintenance Term, McKesson markets alternative software to the McKesson-owned Software licensed under this Agreement, and such alternative software has generally no more than minimal differences in prices, features and functions, regardless of differences arising from factors such as operating systems, databases and user interfaces, Customer shall have the right to exchange such licensed Software for such alternative product as part of Software Maintenance Services at no additional Software license fees. Customer acknowledges that exercise of the foregoing right may require it to purchase additional Equipment, Implementation Services, and Third-Party Software from McKesson."
Right of Exchange. Until the first anniversary of the Closing Date, the Company shall not, and shall cause each of its direct and indirect subsidiaries not to, conduct any Future Offering which involves the sale of any equity securities in a transaction not involving a public offering unless the Company has satisfied or has caused its subsidiary to satisfy all of the following requirements with respect to such issuance:
(i) The Company or the subsidiary shall have delivered a notice to Castle Creek (the "TRANSFER NOTICE"), which notice shall include (A) the terms and conditions of the securities and the consideration per unit which the Company or the subsidiary desires to receive for the securities (which, in the case where the Company or the subsidiary shall have received an offer to purchase such securities other than from Castle Creek (a "THIRD PARTY OFFER") shall be the consideration set forth in such offer) and (B) all of the material terms and conditions, including the terms and conditions of payment, upon which the Company, or the subsidiary proposes to transfer said securities (which, in the case of a Third Party Offer, shall be the terms and conditions set forth in the Third Party Offer).
(ii) Upon the delivery of the Transfer Notice, Castle Creek shall have an option to exchange any or all of the Notes (which shall be deemed to have a cash value equal to the sum of the principal amount thereof plus all accrued and unpaid interest thereon) for any or all of the securities described in the Transfer Notice on the terms set forth therein, except that in lieu of paying the purchase price for such securities in cash, Castle Creek may deliver to the Company Notes having a value (determined as provided above) equal to the aggregate purchase price of the securities described in the Transfer Notice which Castle Creek has elected to acquire. Such option shall be exercisable by Castle Creek (or its designee) by service of written notice upon the Company or the subsidiary within ten business days of receipt of the Transfer Notice. If Castle Creek exercises the option in this clause (ii), Castle Creek shall not be entitled to receive any Prepayment Warrants with respect to and to the extent that Notes are exchanged hereunder.
(iii) If the option created in clause (ii) hereof is not exercised by Castle Creek within ten business days of service of the Transfer Notice, or if such option is exercised only in part, then, within a period of 30 days beginning on the day following the d...
Right of Exchange. In the event that the Company, at any time prior to the payment in full of this Note, or conversion thereof, shall (a) issue and sell shares of its common or preferred stock or an instrument convertible into its common or preferred stock or (b) issue and sell debentures or enter into any new indebtedness (in either case a "Financing"), then the Holders of the first $1 million in principal of the Notes issued hereunder may choose to exchange the outstanding principal balance and accrued interest due under this Note for new securities issued on the same terms and conditions of the Financing. If the Company completes a Financing in excess of $500,000, then this Right of Exchange will terminate 30 days following notice of such a Financing being given to these Holders.
Right of Exchange. A Holder of a Debenture may surrender it for exchange for Exchange Securities and other Exchange Property, if any, at any time prior to maturity. The number of shares of Sun Common Stock deliverable upon exchange of a Debenture per $1,000 of principal amount thereof at Stated Maturity (the "Exchange Rate") shall be that set forth in paragraph 5 of the Debentures, subject to adjustment as herein set forth. The initial Exchange Rate is stated in paragraph 5 of the Debentures.
