Common use of Shareholder Rights Plans Clause in Contracts

Shareholder Rights Plans. If the Company has a rights plan in effect when the Holder converts this Note, the Company will deliver to the Holder, to the extent the Holder receives any shares of Common Stock upon such conversion of this Note, any rights that, under the rights plan, would be applicable to a share of Common Stock, unless prior to the Conversion Date for this Note, the rights have separated from the Common Stock, in which case, and only in such case, the Conversion Rate will be adjusted pursuant to Section 8.05(c)(i) as if, at the time of such separation, the Company had distributed to all holders of the Common Stock shares of its Capital Stock, evidences of its indebtedness, other assets or property of the Company or rights, options or warrants to acquire its Capital Stock or other securities, subject to readjustment in the event of the expiration, termination or redemption of such rights.

Appears in 6 contracts

Samples: Xtant Medical Holdings, Inc., Xtant Medical Holdings, Inc., Xtant Medical Holdings, Inc.

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Shareholder Rights Plans. If To the extent that the Company has a shareholder rights plan (the “Rights Plan”) in effect when upon a put of the Holder converts this NoteNotes, the Company will deliver holders shall receive, in addition to the Holder, to the extent the Holder receives any shares of Common Stock upon such conversion of this NoteStock, any the associated rights that, issued under the Rights Plan or under any future shareholder rights plan, would be applicable to a share of Common Stock, unless prior to plan the Conversion Date for this Note, Company adopts. If the rights have separated from the Common Stock, expired, terminated or been redeemed or exchanged in which case, and only accordance with the Rights Plan prior to any delivery of shares by the Company in such caserespect of any put exercise, the Conversion Put Value Rate will be adjusted pursuant to Section 8.05(c)(i) as if, at the time of such separation, separation as if the Company had distributed to all holders of the Common Stock Stock, shares of its Capital Stockcapital stock, evidences of its indebtedness, other indebtedness or assets or property of the Company or rights, options or warrants to acquire its Capital Stock or other securitiesas set forth in Section 13.04(c), subject to readjustment in the event of the expiration, termination or redemption of such rights.

Appears in 2 contracts

Samples: Forest City Enterprises Inc, Forest City Enterprises Inc

Shareholder Rights Plans. If To the extent that the Company has a shareholder rights plan (the “Rights Plan”) in effect when the Holder converts this upon conversion of any Note, the Company will deliver holders shall receive, in addition to the Holder, to the extent the Holder receives any shares of Common Stock upon such conversion of this NoteStock, any the associated rights that, issued under the Rights Plan or under any future shareholder rights plan, would be applicable to a share of Common Stock, unless prior to plan the Conversion Date for this Note, Company adopts. If the rights have separated from the Common Stock, expired, terminated or been redeemed or exchanged in which case, and only accordance with the Rights Plan prior to any delivery of shares by the Company in such caserespect of any conversion, the Conversion Rate will be adjusted pursuant to Section 8.05(c)(i) as if, at the time of such separation, separation as if the Company had distributed to all holders of the Common Stock Stock, shares of its Capital Stockcapital stock, evidences of its indebtedness, other indebtedness or assets or property of the Company or rights, options or warrants to acquire its Capital Stock or other securitiesas set forth in Section 13.03(c), subject to readjustment in the event of the expiration, termination or redemption of such rights.

Appears in 1 contract

Samples: Forest City Enterprises Inc

Shareholder Rights Plans. If To the extent that the Company has a rights plan in effect when the a Holder converts this a Note, the Company will deliver to the such Holder, in addition to the extent the Holder receives any shares each share of Common Stock otherwise issuable to such Holder upon such conversion of this such Note, any rights that, under the rights plan, would be applicable to a share of Common Stock, unless prior to the Conversion Date for this such Note, the rights have separated from the Common Stock, in which case, and only in such case, the Conversion Rate will be adjusted pursuant to Section 8.05(c)(i9.05(c)(i) as if, at the time of such separation, the Company had distributed to all holders Holders of the Common Stock shares of its Capital Stock, evidences of its indebtedness, other assets or property of the Company or rights, options or warrants to acquire its the Company’s Capital Stock or other securitiessecurities as described in Section 9.05(c)(i), subject to readjustment in the event of the expiration, expiration or termination or redemption of such rights.

Appears in 1 contract

Samples: Second Supplemental Indenture (Vector Group LTD)

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Shareholder Rights Plans. If the Company has a rights plan in effect when the a Holder converts this a Note, the Company will deliver to the such Holder, in addition to the extent the Holder receives any shares of Common Stock otherwise issuable to such Holder upon such conversion of this such Note, any rights that, under the rights plan, would be applicable to a share of Common Stock, unless prior to the Conversion Date for this such Note, the rights have separated from the Common Stock, in which case, and only in such case, the Conversion Rate will be adjusted pursuant to Section 8.05(c)(i10.05(c)(i) as if, at the time of such separation, the Company had distributed to all holders of the Common Stock shares of its Capital Stock, evidences of its indebtedness, other assets or property of the Company or rights, options or warrants to acquire its Capital Stock or other securitiesStock, subject to readjustment in the event of the expiration, termination or redemption of such rights.

Appears in 1 contract

Samples: Indenture (GAIN Capital Holdings, Inc.)

Shareholder Rights Plans. If the Company has adopts a rights plan and such rights plan is in effect when the a Holder converts this a Note, the Company will deliver to the such Holder, in addition to the extent the Holder receives any shares each share of Common Stock otherwise issuable to such Holder upon such conversion of this such Note, any rights that, under the rights plan, would be applicable to a share of Common Stock, unless prior to the Conversion Date for this such Note, the rights have separated from the Common Stock, in which case, and only in such case, the Conversion Rate will be adjusted pursuant to Section 8.05(c)(i10.05(c)(i) as if, at the time of such separation, the Company had distributed to all holders of the Common Stock shares of its Capital Stock, evidences of its indebtedness, other assets or property of the Company or rights, options or warrants to acquire its Capital Stock or other securitiesStock, subject to readjustment in the event of the expiration, termination or redemption of such rights.

Appears in 1 contract

Samples: Indenture (Ultrapetrol Bahamas LTD)

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