Common use of Right of Holders to Convert Securities into Common Shares Clause in Contracts

Right of Holders to Convert Securities into Common Shares. Subject to and upon compliance with the terms of the Securities and the provisions of Section 1108 and this Article Sixteen, at the option of the Holder thereof, any Security of any series of any authorized denomination which is convertible into Common Shares, or any portion of the principal amount thereof which is $1,000 or any integral multiple of $1,000, may, at any time during the period specified in the Securities of such series, or in case such Security of portion thereof shall have been called for redemption, then in respect of such Security or portion thereof until and including, but not after (unless the Company shall default in payment due upon the redemption thereof) the close of business on the Redemption Date (except that in the case of repayment at the option of the Holder, if specified in the terms of the relevant Security, such right shall terminate upon the Company's receipt of written notice of the exercise of such option), be converted into duly authorized, validly issued, fully paid and nonassessable Common Shares, as specified in such Security, at the conversion price or conversion rate for each $1,000 principal amount of Securities (such initial conversion rate reflecting an initial conversion price specified in such Security) in effect on the conversion date, or, in case an adjustment in the conversion price has taken place pursuant to the provisions of this Article Sixteen, then at the applicable conversion price as so adjusted, upon surrender of the Security or Securities, the principal amount of which is so to be converted, to the Company at any time during usual business hours at the office or agency to be maintained by it in accordance with the provisions of Section 1002, accompanied by a written notice of election to convert as provided in Section 1603 and, if so required by the Company and/or the Trustee, by a written instrument or instruments of transfer in form satisfactory to the Company and/or the Trustee, as applicable, duly executed by the Holder thereof or his attorney duly authorized in writing. All Securities surrendered for conversion shall, if surrendered to the Company or any conversion agent, be delivered to the Trustee for cancellation and cancelled by it, or shall, if surrendered to the Trustee, be cancelled by it, as provided in Section 310. The initial conversion price or conversion rate in respect of a series of Securities shall be as specified in the Securities of such series. The conversion price or conversion rate will be subject to adjustment on the terms set forth in Section 1605 or such other or different terms, if any, as may be specified by Section 301 for Securities of such series. Provisions of this Indenture that apply to conversion of all of a Security also apply to conversion of any portion of it.

Appears in 2 contracts

Samples: Indenture (Developers Diversified Realty Corp), Indenture (Developers Diversified Realty Corp)

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Right of Holders to Convert Securities into Common Shares. Subject to and upon compliance with the terms of the Securities and the provisions of Section 1108 12.07 and this Article Sixteen13, at the option of the Holder thereof, any Security of any series of any authorized denomination which Series that is convertible into Common Shares, or any portion of the principal amount thereof which is $1,000 or any integral multiple of $1,000l,000, maymay be converted into duly authorized, validly issued, fully paid and nonassessable Common Shares at any time during the period specified in the Securities of such seriesSeries, or in case such Security of or portion thereof shall have been called for redemption, then in respect of such Security or portion thereof until and including, but not after (unless the Company shall default in payment due upon the redemption thereof) the close of business on the Redemption Date redemption date (except that in the case of repayment at the option of the Holder, if specified in the terms of the relevant Security, such right shall terminate upon the Company's ’s receipt of written notice of the exercise of such option), be converted into duly authorized, validly issued, fully paid and nonassessable Common Shares, as specified in such Security, at the conversion price or conversion rate for each $1,000 principal amount of Securities (such initial conversion rate reflecting an initial conversion price specified in such Security) in effect on the conversion date, or, in case an adjustment in the conversion price has taken place pursuant to the provisions of this Article Sixteen13, then at the applicable conversion price as so adjusted, upon surrender of the Security or Securities, the principal amount of which is so to be converted, to the Company at any time during usual business hours at the office or agency to be maintained by it in accordance with the provisions of Section 10023.02, accompanied by a written notice of election to convert as provided in Section 1603 and13.03. If the Holder requests that the Common Shares be registered in a name other than that of the Holder, if so required by the Company and/or the Trustee, such notice also shall be accompanied by a written instrument or instruments of transfer in form satisfactory to the Company and/or and the Trustee, as applicable, duly executed by the Holder thereof or his attorney duly authorized in writing. All Securities surrendered for conversion shall, if surrendered to the Company or any conversion agent, be delivered to the Trustee for cancellation and cancelled by it, or shall, if surrendered to the Trustee, be cancelled by it, as provided in Section 3102.10. The initial conversion price or conversion rate in respect of a series Series of Securities shall be as specified in the Securities of such seriesSeries. The conversion price or conversion rate will be subject to adjustment on the terms set forth in Section 1605 13.05 or such other or different terms, if any, as may be specified by Section 301 2.03 for Securities of such seriesSeries. Provisions of this Indenture that apply to conversion of all of a Security also apply to conversion of any portion of itsuch Security.

Appears in 1 contract

Samples: Indenture (Fluor Corp)

Right of Holders to Convert Securities into Common Shares. Subject to and upon compliance with the terms of the Securities and the provisions of Section 1108 12.07 and this Article Sixteen13, at the option of the Holder thereof, any Security of any series of any authorized denomination which Series that is convertible into Common Shares, or any portion of the principal amount thereof which is $1,000 or any integral multiple of $1,000, maymay be converted into duly authorized, validly issued, fully paid and nonassessable Common Shares at any time during the period specified in the Securities of such seriesSeries, or in case such Security of or portion thereof shall have been called for redemption, then in respect of such Security or portion thereof until and including, but not after (unless the Company shall default in payment due upon the redemption thereof) the close of business on the Redemption Date redemption date (except that in the case of repayment at the option of the Holder, if specified in the terms of the relevant Security, such right shall terminate upon the Company's receipt of written notice of the exercise of such option), be converted into duly authorized, validly issued, fully paid and nonassessable Common Shares, as specified in such Security, at the conversion price or conversion rate for each $1,000 principal amount of Securities (such initial conversion rate reflecting an initial conversion price specified in such Security) in effect on the conversion date, or, in case an adjustment in the conversion price has taken place pursuant to the provisions of this Article Sixteen13, then at the applicable conversion price as so adjusted, upon surrender of the Security or Securities, the principal amount of which is so to be converted, to the Company at any time during usual business hours at the office or agency to be maintained by it in accordance with the provisions of Section 10023.02, accompanied by a written notice of election to convert as provided in Section 1603 and13.03. If the Holder requests that the Common Shares be registered in a name other than that of the Holder, if so required by the Company and/or the Trustee, such notice also shall be accompanied by a written instrument or instruments of transfer in form satisfactory to the Company and/or and the Trustee, as applicable, duly executed by the Holder thereof or his attorney duly authorized in writing. All Securities surrendered for conversion shall, if surrendered to the Company or any conversion agent, be delivered to the Trustee for cancellation and cancelled by it, or shall, if surrendered to the Trustee, be cancelled by it, as provided in Section 3102.10. The initial conversion price or conversion rate in respect of a series Series of Securities shall be as specified in the Securities of such seriesSeries. The conversion price or conversion rate will be subject to adjustment on the terms set forth in Section 1605 13.05 or such other or different terms, if any, as may be specified by Section 301 2.03 for Securities of such seriesSeries. Provisions of this Indenture that apply to conversion of all of a Security also apply to conversion of any portion of itsuch Security.

Appears in 1 contract

Samples: Indenture (Fluor Corp)

Right of Holders to Convert Securities into Common Shares. Subject to and upon compliance with the terms of the Securities and the provisions of Section 1108 12.7 and this Article SixteenThirteen, at the option of the Holder thereof, any Security of any series of any authorized denomination which is convertible into Common Shares, or any portion of the principal amount thereof which is $1,000 or any integral multiple of $1,000, may, at any time during the period specified in the Securities of such series, or in case such Security of or portion thereof shall have been called for redemption, then in respect of such Security or portion thereof until and including, but not after (unless the Company shall default in payment due upon the redemption thereof) the close of business on the Redemption Date redemption date (except that in the case of repayment at the option of the Holder, if specified in the terms of the relevant Security, such right shall terminate upon the Company's receipt of written notice of the exercise of such option), be converted into duly authorized, validly issued, fully paid and nonassessable Common Shares, as specified in such Security, at the conversion price or conversion rate for each $1,000 principal amount of Securities (such initial conversion rate reflecting an initial conversion price specified in such Security) in effect on the conversion date, or, in case an adjustment in the conversion price has taken place pursuant to the provisions of this Article SixteenThirteen, then at the applicable conversion price as so adjusted, upon surrender of the Security or Securities, the principal amount of which is so to be converted, to the Company at any time during usual business hours at the office or agency to be maintained by it in accordance with the provisions of Section 10023.2, accompanied by a written notice of election to convert as provided in Section 1603 13.3 and, if so required by the Company and/or Holder requests that the TrusteeCommon Shares be registered in a name other than that of the Holder, by a written instrument or instruments of transfer in form satisfactory to the Company and/or the Trustee, as applicable, duly executed by the Holder thereof or his attorney duly authorized in writing. All Securities surrendered for conversion shall, if surrendered to the Company or any conversion agent, be delivered to the Trustee for cancellation and cancelled by it, or shall, if surrendered to the Trustee, be cancelled by it, as provided in Section 3102.10. The initial conversion price or conversion rate in respect of a series Series of Securities shall be as specified in the Securities of such seriesSeries. The conversion price or conversion rate will be subject to adjustment on the terms set forth in Section 1605 13.5 or such other or different terms, if any, as may be specified by Section 301 2.3 for Securities of such seriesSeries. Provisions of this Indenture that apply to conversion of all of a Security also apply to conversion of any portion of it.

Appears in 1 contract

Samples: Indenture (Wellpoint Health Networks Inc /Ca/)

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Right of Holders to Convert Securities into Common Shares. Subject to and upon compliance with the terms of the Securities and the provisions of Section 1108 12.7 and this Article SixteenThirteen, at the option of the Holder thereof, any Security of any series Series of any authorized denomination which is convertible into Common Shares, or any portion of the principal amount thereof which is $1,000 or any integral multiple of $1,000, may, at any time during the period specified in the Securities of such seriesSeries, or in case such Security of or portion thereof shall have been called for redemption, then in respect of such Security or portion thereof until and including, but not after (unless the Company shall default in payment due upon the redemption thereof) the close of business on the Redemption Date redemption date (except that in the case of repayment at the option of the Holder, if specified in the terms of the relevant Security, such right shall terminate upon the Company's receipt of written notice of the exercise of such option), be converted into duly authorized, validly issued, fully paid and nonassessable Common Shares, as specified in such Security, at the conversion price or conversion rate for each $1,000 principal amount of Securities (such initial conversion rate reflecting an initial conversion price specified in such Security) in effect on the conversion date, or, in case an adjustment in the conversion price has taken place pursuant to the provisions of this Article SixteenThirteen, then at the applicable conversion price as so adjusted, upon surrender of the Security or Securities, the principal amount of which is so to be converted, to the Company at any time during usual business hours at the office or agency to be maintained by it in accordance with the provisions of Section 10023.2, accompanied by a written notice of election to convert as provided in Section 1603 13.3 and, if so required by the Company and/or Holder requests that the TrusteeCommon Shares be registered in a name other than that of the Holder, by a written instrument or instruments of transfer in form satisfactory to the Company and/or the Trustee, as applicable, duly executed by the Holder thereof or his attorney duly authorized in writing. All Securities surrendered for conversion shall, if surrendered to the Company or any conversion agent, be delivered to the Trustee for cancellation and cancelled by it, or shall, if surrendered to the Trustee, be cancelled by it, as provided in Section 3102.10. The initial conversion price or conversion rate in respect of a series Series of Securities shall be as specified in the Securities of such seriesSeries. The conversion price or conversion rate will be subject to adjustment on the terms set forth in Section 1605 13.5 or such other or different terms, if any, as may be specified by Section 301 2.3 for Securities of such seriesSeries. Provisions of this Indenture that apply to conversion of all of a Security also apply to conversion of any portion of it.

Appears in 1 contract

Samples: Indenture (FMC Corp)

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