Common use of Rights Issued in Respect of Common Stock Issued Upon Conversion Clause in Contracts

Rights Issued in Respect of Common Stock Issued Upon Conversion. Each Ordinary Share represented by ADS issued upon conversion of Notes pursuant to this Article Four shall be entitled to receive the appropriate number of Ordinary Share purchase rights, as the case may be (the “Rights”), if any, that Ordinary Shares are entitled to receive and the certificates representing the ADSs issued upon such conversion shall bear such legends, if any, in each case as may be provided by the terms of any shareholder rights agreement adopted by the Issuer, as the same may be amended from time to time (in each case, a “Rights Agreement”). Provided that such Rights Agreement requires that each Ordinary Share issued upon conversion of Notes at any time prior to the distribution of separate certificates representing the Rights be entitled to receive such Rights, then, notwithstanding anything else to the contrary in this Article Four there shall not be any adjustment to the conversion privilege or Conversion Rate as a result of the issuance of Rights, but an adjustment to the Conversion Rate shall be made with respect to Notes then Outstanding pursuant to Section 406 hereof (to the extent required thereby) upon the separation of the Rights from the common shares.

Appears in 2 contracts

Samples: Indenture (Qimonda Finance LLC), Indenture (Qimonda Finance LLC)

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Rights Issued in Respect of Common Stock Issued Upon Conversion. Each Ordinary Share represented by ADS share of Common Stock issued upon conversion of Notes Securities pursuant to this Article Four ARTICLE FOUR shall be entitled to receive the appropriate number of Ordinary Share common stock or preferred stock purchase rights, as the case may be (the “Rights”), if any, that Ordinary Shares all shares of Common Stock are entitled to receive and the certificates representing the ADSs Common Stock issued upon such conversion shall bear such legends, if any, in each case as may be provided by the terms of any shareholder rights agreement adopted by the IssuerCompany, as the same may be amended from time to time (in each case, a “Rights Agreement”). Provided that such Rights Agreement requires that each Ordinary Share share of Common Stock issued by the Company (including those that might be issued upon conversion of Notes Securities) at any time prior to the distribution of separate certificates representing the Rights be entitled to receive such Rights, then, notwithstanding anything else to the contrary in this Article Four ARTICLE FOUR, there shall not be any adjustment to the conversion privilege or Conversion Rate or any other term or provision of the Securities as a result of the issuance of Rights, but an adjustment to the Conversion Rate shall be made distribution of separate certificates representing the Rights, the exercise or redemption of such Rights in accordance with respect to Notes then Outstanding pursuant to Section 406 hereof (to any Rights Agreements, or the extent required thereby) upon the separation termination or invalidation of the Rights from the common shares.Rights. ARTICLE FIVE

Appears in 1 contract

Samples: New Century Financial Corp

Rights Issued in Respect of Common Stock Issued Upon Conversion. Each Ordinary Share represented by ADS share of Common Stock issued upon conversion of Notes pursuant to this Article Four 14 shall be entitled to receive the appropriate number of Ordinary Share common stock or preferred stock purchase rights, as the case may be (the "Rights"), if any, that Ordinary Shares shares of Common Stock are entitled to receive and the certificates representing the ADSs Common Stock issued upon such conversion shall bear such legends, if any, in each case as may be provided by the terms of any shareholder rights agreement that may be adopted by the IssuerCompany, as the same may be amended from time to time (in each case, a "Rights Agreement"). Provided that such Rights Agreement requires that each Ordinary Share share of Common Stock issued upon conversion of Notes at any time prior to the distribution of separate certificates representing the Rights be entitled to receive such Rights, then, notwithstanding anything else to the contrary in this Article Four 14 there shall not be any adjustment to the conversion privilege or Conversion Rate as a result of the issuance of Rights, but an adjustment to the Conversion Rate shall be made with respect to Notes then Outstanding pursuant to Section 406 hereof 14.05(d) (to the extent required thereby) upon the separation of the Rights from the common sharesCommon Stock.

Appears in 1 contract

Samples: Indenture (Triarc Companies Inc)

Rights Issued in Respect of Common Stock Issued Upon Conversion. Each Ordinary Share represented by ADS share of Common Stock issued upon conversion of Senior Notes pursuant to this Article Four 5 shall be entitled to receive the appropriate number of Ordinary Share common stock or preferred stock purchase rights, as the case may be (the “Rights”"RIGHTS"), if any, that Ordinary Shares shares of Common Stock are entitled to receive and the certificates representing the ADSs Common Stock issued upon such conversion shall bear such legends, if any, in each case as may be provided by the terms of any shareholder rights agreement adopted by the IssuerCompany, as the same may be amended from time to time (in each case, a “Rights "RIGHTS Agreement"). Provided that such Rights Agreement requires that each Ordinary Share share of Common Stock issued upon conversion of Senior Notes at any time prior to the distribution of separate certificates representing the Rights be entitled to receive such Rights, then, notwithstanding anything else to the contrary in this Article Four 5, there shall not be any adjustment to the conversion privilege or Conversion Rate as a result of the issuance of Rights, but an adjustment to the Conversion Rate shall be made with respect to Notes then Outstanding pursuant to Section 406 hereof (to the extent required thereby5.07(d) upon the separation of the Rights from the common sharesCommon Stock. The Conversion Rate shall be readjusted in the event of the expiration, termination or redemption of the Rights prior to conversion of Senior Notes.

Appears in 1 contract

Samples: Rights Agreement (Fluor Corp)

Rights Issued in Respect of Common Stock Issued Upon Conversion. Each Ordinary Share represented by ADS share of Common Stock issued upon conversion of Notes pursuant to this Article Four 14 shall be entitled to receive the appropriate number of Ordinary Share common stock or preferred stock purchase rights, as the case may be (the “Rights”"RIGHTS"), if any, that Ordinary Shares shares of Common Stock are entitled to receive and the certificates representing the ADSs Common Stock issued upon such conversion shall bear such legends, if any, in each case as may be provided by the terms of any shareholder rights agreement adopted by the IssuerCompany, as the same may be amended from time to time (in each case, a “Rights Agreement”"RIGHTS AGREEMENT"). Provided that such Rights Agreement requires that each Ordinary Share share of Common Stock issued upon conversion of Notes at any time prior to the distribution of separate certificates representing the Rights be entitled to receive such Rights, then, notwithstanding anything else to the contrary in this Article Four 14 there shall not be any adjustment to the conversion privilege or Conversion Rate as a result of the issuance of Rights, but an adjustment to the Conversion Rate shall be made with respect to Notes then Outstanding pursuant to Section 406 hereof 14.07(d) (to the extent required thereby) upon the separation of the Rights from the common sharesCommon Stock.

Appears in 1 contract

Samples: Standard Management Corp

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Rights Issued in Respect of Common Stock Issued Upon Conversion. Each Ordinary Share represented by ADS share of Common Stock issued upon conversion of Notes pursuant to this Article Four 5 shall be entitled to receive the appropriate number of Ordinary Share common stock or preferred stock purchase rights, as the case may be (the “Rights”), if any, that Ordinary Shares shares of Common Stock are entitled to receive and (except to the certificates representing extent the ADSs issued upon such conversion shall bear such legends, if any, Company settles its Conversion Obligation in each case cash pursuant to Section 5.03) as may be provided by the terms of any shareholder rights agreement adopted by the IssuerCompany, as the same may be amended from time to time (in each case, a “Rights Agreement”). Provided that such Rights Agreement requires that each Ordinary Share share of Common Stock issued upon conversion of Notes at any time prior to the distribution of separate certificates representing the Rights be entitled to receive such Rights, then, notwithstanding anything else to the contrary in this Article Four 5, there shall not be any adjustment to the conversion privilege or Applicable Conversion Rate as a result of the issuance of Rights, but an adjustment to the Applicable Conversion Rate shall be made with respect to Notes then Outstanding pursuant to Section 406 hereof (to the extent required thereby5.07(d) upon the separation of the Rights from the common sharesCommon Stock.

Appears in 1 contract

Samples: First Supplemental Indenture (Edo Corp)

Rights Issued in Respect of Common Stock Issued Upon Conversion. Each Ordinary Share represented by ADS share of Common Stock issued upon conversion of Notes pursuant to this Article Four 14 shall be entitled to receive the appropriate number of Ordinary Share common stock or preferred stock purchase rights, as the case may be (the “Rights”), if any, that Ordinary Shares shares of Common Stock are entitled to receive and the certificates representing the ADSs Common Stock issued upon such conversion shall bear such legends, if any, in each case as may be provided by the terms of any shareholder rights agreement adopted by the IssuerCompany, as the same may be amended from time to time (in each case, a “Rights Agreement”). Provided that such Rights Agreement requires that each Ordinary Share share of Common Stock issued upon conversion of Notes at any time prior to the distribution of separate certificates representing the Rights be entitled to receive such Rights, then, notwithstanding anything else to the contrary in this Article Four 14 there shall not be any adjustment to the conversion privilege or Conversion Rate as a result of the issuance of Rights, but an adjustment to the Conversion Rate shall be made with respect to Notes then Outstanding outstanding pursuant to Section 406 hereof 14.06(d) (to the extent required thereby) upon the separation of the Rights from the common sharesCommon Stock.

Appears in 1 contract

Samples: Indenture (Nii Holdings Inc)

Rights Issued in Respect of Common Stock Issued Upon Conversion. Each Ordinary Share represented by ADS share of Common Stock issued upon conversion of Notes pursuant LYONx xxxsuant to this Article Four Five shall be entitled to receive the appropriate number of Ordinary Share common stock or preferred stock purchase rights, as the case may be (the "Rights"), if any, that Ordinary Shares are entitled to receive and the certificates representing the ADSs Common Stock issued upon such conversion shall bear such legends, if any, in each case as may be provided by the terms of any shareholder rights agreement adopted by the IssuerCompany, as the same may be amended from time to time (in each case, a "Rights Agreement"). Provided that such Rights Agreement requires that each Ordinary Share share of Common Stock issued upon conversion of Notes at LYONx xx any time prior to the distribution of separate certificates representing the Rights be entitled to receive such Rights, then, notwithstanding anything else to the contrary in this Article Four Five, there shall not be any adjustment to the conversion privilege or Conversion Rate as a result of the issuance of Rights, but an adjustment to the Conversion Rate shall be made distribution of separate certificates representing the Rights, the exercise or redemption of such Rights in accordance with respect to Notes then Outstanding pursuant to any such Rights Agreement, or the termination or invalidation of such Rights. ARTICLE SIX PURCHASE OF LYONX XX OPTION OF HOLDER Section 406 hereof (to the extent required thereby) upon the separation of the Rights from the common shares601. PURCHASE OF LYONX XX OPTION OF THE HOLDER.

Appears in 1 contract

Samples: Solectron Corp

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