Rights and Warrants. The Fund can invest up to 5% of its total assets in warrants or rights. That 5% limit does not apply to warrants and rights the Fund has acquired as part of units of securities or that are attached to other securities that the Fund buys. Warrants basically are options to purchase equity securities at specific prices valid for a specific period of time. Their prices do not necessarily move parallel to the prices of the underlying securities. Rights are similar to warrants, but normally have a short duration and are distributed directly by the issuer to its shareholders. Rights and warrants have no voting rights, receive no dividends and have no rights with respect to the assets of the issuer.
Rights and Warrants. Warrants basically are options to purchase equity securities at specific prices valid for a specific period of time. Their prices do not necessarily move parallel to the prices of the underlying securities. Rights are similar to warrants, but normally have a short duration and are distributed directly by the issuer to its shareholders. Rights and warrants have no voting rights, receive no dividends and have no rights with respect to the assets of the issuer. The Fund will not invest more than 5% of its net assets in warrants. That limit does not apply to warrants that have been acquired in units or attached to other securities.
Rights and Warrants. If the Company distributes pro rata to all holders of Common Stock rights or warrants (other than those referred to in Section 10.07 above), so long as any such rights or warrants have not expired or been redeemed by the Company, the Company shall make proper provision so that the Holder of any Security surrendered for conversion will be entitled to receive upon such conversion, in addition to the shares of Common Stock issuable upon such conversion (the "Conversion Shares"), a number of rights or warrants to be determined as follows: (i) if such conversion occurs on or prior to the date for the distribution to the holders of Common Stock of rights or warrants of separate certificates evidencing such rights or warrants (the "Distribution Date"), the same number of rights or warrants to which a holder of a number of shares of Common Stock equal to the number of Conversion Shares is entitled at the time of such conversion in accordance with the terms and provisions of and applicable to the rights or warrants, and (ii) if such conversion occurs after such Distribution Date, the same number of rights or warrants to which a holder of the number of shares of Common Stock into which the principal amount of such Security so converted was convertible immediately prior to such Distribution Date would have been entitled on such Distribution Date in accordance with the terms and provisions of and applicable to the rights or warrants.
Rights and Warrants. The Fund can invest up to 5% of its total assets in warrants but no more than 2% of its total assets may be invested in warrants that are not listed on The New York Stock Exchange or The American Stock Exchange. Those percentage limitations are fundamental policies. Warrants basically are options to purchase equity securities at specific prices valid for a specific period of time. Their prices do not necessarily move parallel to the prices of the underlying securities. Rights are similar to warrants, but normally have a short duration and are distributed directly by the issuer to its shareholders. Rights and warrants have no voting rights, receive no dividends and have no rights with respect to the assets of the issuer.
Rights and Warrants. The Fund can invest up to 5% of its total assets in warrants and rights. Warrants basically are options to purchase equity securities at specific prices valid for a specific period of time. Their prices do not necessarily move parallel to the prices of the underlying securities. Rights are similar to warrants, but normally have a short duration and are distributed directly by the issuer to its shareholders. Rights and warrants have no voting rights, receive no dividends and have no rights with respect to the assets of the issuer.
Rights and Warrants. Except for the warrants issued (i) to the Lender, (ii) to the persons or entities listed on Exhibit E in connection with this Agreement, and (iii) in connection with the class action litigation described on Exhibit H hereof, during any fiscal year of the Company, the Company shall not issue any rights or warrants which collectively entitle the holders thereof to subscribe for or purchase shares of any class of the Company's capital stock in excess of 500,000 shares of the Company's capital stock, plus the unexercised portion of the outstanding rights and warrants that expire, are forfeited or otherwise terminate during such fiscal year. Further, the Company shall not amend, alter or otherwise modify any agreement or option entitling the holder thereof to subscribe for or purchase shares of any class of the Company's capital stock.
Rights and Warrants. If Xpedior, at any time while any shares of Series B Preferred Stock are outstanding, shall issue any rights and/or warrants to all of the holders of Common Stock as a class entitling them to subscribe for or purchase shares of Common Stock, then PSINet shall receive an amount of such rights and/or warrants equal to the number of rights and/or warrants it would have received, at the time of issuance of such rights and/or warrants, if it had then converted all of its shares of Series B Preferred Stock and if all dividends due but not yet paid on the Series B Preferred Stock had been paid in shares of Common Stock.
Rights and Warrants. The Portfolio will invest in rights or warrants only if the underlying equity securities are themselves deemed appropriate by the Adviser for inclusion in the Portfolio's portfolio. Rights and warrants entitle the holder to buy equity securities at a specific price for a specific period of time. Rights are similar to warrants except that they have a substantially shorter duration. Rights and warrants may be considered more speculative than certain other types of investments in that they do not entitle a holder to dividends or voting rights with respect to the underlying securities nor do they represent any rights in the assets of the issuing company. The value of a right or warrant does not necessarily change with the value of the underlying security, although the value of a right or warrant may decline because of a decrease in the value of the underlying security, the passage of time or a change in perception as to the potential of the underlying security, or any combination thereof. If the market price of the underlying security is below the exercise price set forth in the warrant on the expiration date, the warrant will expire worthless. Moreover, a right or warrant ceases to have value if it is not exercised prior to the expiration date.
Rights and Warrants. 33 13.16 Company Determination Final ................................... 33
Rights and Warrants. 20- 3.16 Standstill Agreement............................................... -20- 3.17 Merger Event....................................................... -20- ARTICLE IV CONDITIONS......................................................... -21- 4.1 Conditions Precedent to the Obligation of the Purchasers to Purchase the Preferred Stock..................................... -21- 4.2 Conditions Precedent to the Obligation of the Company to Sell the Preferred Stock.................................................. -22- ARTICLE V MISCELLANEOUS...................................................... -22- 5.1 Fees and Expenses.................................................. -23- 5.2 Entire Agreement; Amendments....................................... -23- 5.3 Notices............................................................ -23- 5.4 Amendments; Waivers................................................ -24- Exhibit A - Certificate of Amendment Exhibit B - Form of Registration Rights Agreement Exhibit C - Form of Legal Opinion CONVERTIBLE PREFERRED STOCK PURCHASE AGREEMENT, dated as of November 10, 1997 (this "Agreement"), among PSINet Inc., a New York corporation (the "Company"), Xxxxxx Brothers Inc., a Delaware corporation ("Xxxxxx"), SBC Warburg Dillon Read Inc., a Delaware corporation ("SBC"), KA Investments, LDC, a corporation organized and existing under the laws of the British Virgin Islands ("KA Investments"), and Xxxxx Xxxxxxx Strategic Growth Fund, L.P., a New York limited partnership ("Xxxxx Xxxxxxx Strategic Growth Fund"). Each of Xxxxxx, SBC, KA Investments and Xxxxx Xxxxxxx Strategic Growth Fund is a "Purchaser" and collectively they are referred to herein as the "Purchasers."
