Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable).
Appears in 144 contracts
Samples: Indenture (Ziff Davis, Inc.), Indenture (Solaredge Technologies, Inc.), Microstrategy Incorporated (MICROSTRATEGY Inc)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were is applicable).
Appears in 70 contracts
Samples: Indenture (Pacific Biosciences of California, Inc.), Indenture (Invitae Corp), Investment Agreement (Invitae Corp)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable)conversion.
Appears in 40 contracts
Samples: Indenture (Sunnova Energy International Inc.), Indenture (Sunnova Energy International Inc.), Sixth Supplemental Indenture (Bristow Group Inc)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicableHolder).
Appears in 39 contracts
Samples: Indenture (Eos Energy Enterprises, Inc.), Purchase Agreement (Quotient LTD), Indenture (Clovis Oncology, Inc.)
Shares to be Fully Paid. The Company shall use its commercially reasonable efforts to provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were is applicable).
Appears in 28 contracts
Samples: Indenture (Five9, Inc.), Indenture (fuboTV Inc. /FL), Indenture (Accelerate Diagnostics, Inc)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were is applicable).
Appears in 26 contracts
Samples: Indenture (ChargePoint Holdings, Inc.), Brookdale Senior Living (Brookdale Senior Living Inc.), Indenture (Vocera Communications, Inc.)
Shares to be Fully Paid. The Company shall providereserve, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable).
Appears in 25 contracts
Samples: Indenture (Sarepta Therapeutics, Inc.), Indenture (Alnylam Pharmaceuticals, Inc.), Indenture (Cloudflare, Inc.)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasuryshares, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were is applicable).
Appears in 18 contracts
Samples: Supplemental Indenture (Ares Capital Corp), Indenture (TPG Specialty Lending, Inc.), Indenture (Hercules Capital, Inc.)
Shares to be Fully Paid. The Company shall provideat all times reserve, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient a number of shares of Common Stock equal to the product of (a) the number of outstanding Notes and (b) the Conversion Rate (assuming the Conversion Rate has been increased by the maximum number of Additional Shares pursuant to Section 14.03), to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable)conversion.
Appears in 17 contracts
Samples: Indenture (Alarm.com Holdings, Inc.), Indenture (Western Digital Corp), Indenture (TransMedics Group, Inc.)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicableHolder).
Appears in 17 contracts
Samples: Indenture (Electra Battery Materials Corp), Indenture (Electra Battery Materials Corp), Indenture (Middleby Corp)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable).
Appears in 16 contracts
Samples: Indenture (Pioneer Energy Services Corp), Indenture (PTC Therapeutics, Inc.), Indenture (Assertio Therapeutics, Inc)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable).
Appears in 16 contracts
Samples: Granite Construction Incorporated and Wilmington Trust (Granite Construction Inc), Indenture (Indie Semiconductor, Inc.), Indenture (Porch Group, Inc.)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were is applicable).
Appears in 10 contracts
Samples: Indenture (Plug Power Inc), Indenture (Esperion Therapeutics, Inc.), Indenture (Plug Power Inc)
Shares to be Fully Paid. The Company shall provideat all times reserve, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient a number of shares of Common Stock equal to the product of (a) the number of outstanding Notes and (b) the Conversion Rate (assuming the Conversion Rate has been increased by the maximum number of Additional Shares pursuant to Section 14.03), to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable)conversion.
Appears in 10 contracts
Samples: Indenture (Pinnacle West Capital Corp), Indenture (Kosmos Energy Ltd.), Indenture (CSG Systems International Inc)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and (x) that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicableis applicable and (y) the delivery of the maximum number of shares of Common Stock, including the maximum Conversion Rate increase pursuant to Section 14.03).
Appears in 9 contracts
Samples: Indenture (Tpi Composites, Inc), First Supplemental Indenture (Repligen Corp), Indenture (Karyopharm Therapeutics Inc.)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of shares of Common Stock that may be due upon conversion, the addition of the maximum number of Additional Shares to the Conversion Rate pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicableHolder).
Appears in 7 contracts
Samples: Indenture (Wec Energy Group, Inc.), Indenture (Wec Energy Group, Inc.), Indenture (Enovis CORP)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder Holder) and that Physical Settlement were is applicable).
Appears in 7 contracts
Samples: Indenture (HCI Group, Inc.), Indenture (Pra Group Inc), Indenture (Encore Capital Group Inc)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock Ordinary Shares to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable).
Appears in 7 contracts
Samples: And (Arrival), Indenture (Camtek LTD), Indenture (Nova Measuring Instruments LTD)
Shares to be Fully Paid. The Company shall providereserve, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable14.03).
Appears in 6 contracts
Samples: Convertible Note Subscription Agreement (L&F Acquisition Corp.), Indenture (UpHealth, Inc.), Indenture (Kaleyra, Inc.)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Class C Capital Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable).
Appears in 6 contracts
Samples: Indenture (Zillow Group, Inc.), Indenture (Zillow Group, Inc.), Indenture (Zillow Group, Inc.)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery upon conversion of the maximum Notes of a number of Additional Shares pursuant shares of Common Stock per $1,000 in principal amount of Notes equal to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicableMaximum Conversion Rate).
Appears in 5 contracts
Samples: Indenture (Repay Holdings Corp), Granite Construction Incorporated and Wilmington Trust (Granite Construction Inc), Indenture (Global Payments Inc)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 13.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable).
Appears in 4 contracts
Samples: Indenture (Ion Geophysical Corp), Indenture (Gannett Co., Inc.), Repay Holdings Corp
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, which are not reserved for other purposes, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder Holder, and including the maximum number of Additional Shares that Physical Settlement were applicablemay be added to the Conversion Rate in connection with a Make-Whole Adjustment Event).
Appears in 4 contracts
Samples: Second Supplemental Indenture (Trinity Capital Inc.), Indenture (GSV Capital Corp.), First Supplemental Indenture (GSV Capital Corp.)
Shares to be Fully Paid. The Company shall provide, free from preemptive rightsreserve, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion exchange of the Notes from time to time as such Notes are presented for conversion exchange (assuming the delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable14.14).
Appears in 4 contracts
Samples: Backstop Agreement (KORE Group Holdings, Inc.), Indenture (KORE Group Holdings, Inc.), Backstop Agreement (Cerberus Telecom Acquisition Corp.)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery upon conversion of the maximum Notes of a number of Additional Shares pursuant shares of Common Stock per $1,000 principal amount of Notes equal to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicableMaximum Conversion Rate).
Appears in 4 contracts
Samples: Indenture (MKS Instruments Inc), Indenture (Evergy, Inc.), Indenture (Akamai Technologies Inc)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 14.04 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable).
Appears in 3 contracts
Samples: Indenture (Endologix Inc /De/), Indenture (Endologix Inc /De/), Indenture (Endologix Inc /De/)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock Ordinary Shares to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicableHolder).
Appears in 3 contracts
Samples: Rockley Photonics Holdings LTD, Rockley Photonics Holdings LTD, Rockley Photonics Holdings LTD
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock Shares to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 11.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable).
Appears in 3 contracts
Samples: Second Supplemental Indenture (TimkenSteel Corp), Indenture (TimkenSteel Corp), First Supplemental Indenture (TimkenSteel Corp)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock Shares to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 14.03(a) and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable).
Appears in 3 contracts
Samples: Indenture (Aurora Cannabis Inc), Canopy Growth Corp, Canopy Growth Corp
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 13.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were is applicable).
Appears in 3 contracts
Samples: Unity Software (Unity Software Inc.), Indenture (Splunk Inc), Investment Agreement (Splunk Inc)
Shares to be Fully Paid. The Company shall provide, free from preemptive rightsreserve, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming the delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable14.14).
Appears in 3 contracts
Samples: Subscription Agreement (GigCapital4, Inc.), Subscription Agreement (GigCapital4, Inc.), BigBear.ai Holdings, Inc.
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 shares of Common Stock issuable under the Conversion Share Cap and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were is applicable).
Appears in 3 contracts
Samples: Microchip Technology Incorporated (Microchip Technology Inc), Microchip Technology Incorporated (Microchip Technology Inc), Microchip Technology Incorporated (Microchip Technology Inc)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Class A Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were is applicable).
Appears in 3 contracts
Samples: Indenture (Alteryx, Inc.), Indenture (Alteryx, Inc.), Indenture (Alteryx, Inc.)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Class A Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable).
Appears in 3 contracts
Samples: Indenture (Evolent Health, Inc.), Indenture (Fisker Inc./De), Indenture (Evolent Health, Inc.)
Shares to be Fully Paid. The Upon conversion of Notes, the Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for settle the conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable)Notes.
Appears in 3 contracts
Samples: Forest City Enterprises Inc, Forest City Enterprises Inc, Forest City Enterprises Inc
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Stock Settlement were is applicable).
Appears in 2 contracts
Samples: Indenture (Vivus Inc), Verint Systems Inc
Shares to be Fully Paid. The Company shall providereserve, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and 14.03, that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable).
Appears in 2 contracts
Samples: Indenture (Vitamin Shoppe, Inc.), Indenture (TUTOR PERINI Corp)
Shares to be Fully Paid. The Company shall providemaintain, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for the conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable).
Appears in 2 contracts
Samples: Indenture (PureCycle Technologies, Inc.), Indenture (Ventoux CCM Acquisition Corp.)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that that, at the time of computation of such number of shares, all such Notes would be converted by a single Holder Holder) and that Physical Settlement were is applicable).
Appears in 2 contracts
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 13.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicableHolder).
Appears in 2 contracts
Samples: Indenture (Infinera Corp), Indenture (Kempharm, Inc)
Shares to be Fully Paid. The Company shall providereserve, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable14.14).
Appears in 2 contracts
Samples: Security and Pledge Agreement (UpHealth, Inc.), Indenture (UpHealth, Inc.)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 12.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable).
Appears in 2 contracts
Samples: Atlas Air Worldwide Holdings Inc, Atlas Air Worldwide Holdings Inc
Shares to be Fully Paid. The On and following the Shareholder Approval Date, the Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable).
Appears in 2 contracts
Samples: Indenture (Atlas Holdings, Inc.), Indenture (Impax Laboratories Inc)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicabledelivery of the maximum number of Additional Shares pursuant to Section 14.03).
Appears in 2 contracts
Samples: Indenture (Palo Alto Networks Inc), Indenture (Palo Alto Networks Inc)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock Shares to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 14.04 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicableHolder).
Appears in 2 contracts
Samples: INVACARE HOLDINGS Corp, INVACARE HOLDINGS Corp
Shares to be Fully Paid. The Company shall use its commercially reasonable efforts to provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were is applicable).
Appears in 2 contracts
Samples: Indenture (Insight Enterprises Inc), Indenture (Five9, Inc.)
Shares to be Fully Paid. The Company shall provide, free from preemptive rightsreserve, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock Ordinary Shares to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable)conversion.
Appears in 2 contracts
Samples: Subscription Agreement (BOA Acquisition Corp.), Selina Hospitality PLC
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicableassuming delivery of the maximum number of Additional Shares pursuant to Section 13.03).
Appears in 2 contracts
Samples: Dropbox, Inc., Dropbox, Inc.
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicableHolder).
Appears in 2 contracts
Samples: Indenture (Affirm Holdings, Inc.), Indenture (Paratek Pharmaceuticals, Inc.)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 13.03 and that that, at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicableHolder).
Appears in 2 contracts
Samples: Indenture (Pacira BioSciences, Inc.), Indenture (Pacira BioSciences, Inc.)
Shares to be Fully Paid. The From and after Stockholder Approval, the Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicableHolder).
Appears in 2 contracts
Samples: Indenture (Orexigen Therapeutics, Inc.), Indenture (Orexigen Therapeutics, Inc.)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares Ordinary Shares or shares Ordinary Shares held in treasury, sufficient shares Ordinary Shares that corresponds to the number of Common Stock ADSs due upon conversion of the Notes to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable)conversion.
Appears in 2 contracts
Samples: Indenture (Sina Corp), Indenture (WEIBO Corp)
Shares to be Fully Paid. The Company shall providereserve, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement a Cash Percentage of 0% were applicable).
Appears in 2 contracts
Samples: Microchip Technology Incorporated (Microchip Technology Inc), Indenture (Lyft, Inc.)
Shares to be Fully Paid. The Company shall provideprovide at all times, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient a number of shares of Common Stock equal to provide (a) 33.1564 subject to adjustment in the same manner as the Conversion Rate pursuant to Section 8.04 and subject to Section 8.12, multiplied by (b)(i) the aggregate principal amount of Notes then outstanding, divided by (ii) $1,000, for the purpose of providing for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable)conversion.
Appears in 2 contracts
Samples: Indenture (Alcoa Inc.), Indenture (Rti International Metals Inc)
Shares to be Fully Paid. The After the Authorized Share Effective Date, the Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were is applicable).
Appears in 2 contracts
Samples: Exchange and Investment Agreement (Nikola Corp), Nikola Corp
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery after application of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable5.02(a).
Appears in 1 contract
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock Shares to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable)conversion.
Appears in 1 contract
Samples: MF Global Ltd.
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares that are not reserved for other purposes or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 9.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable).
Appears in 1 contract
Samples: And (Veeco Instruments Inc)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery after application of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable10.02(a).
Appears in 1 contract
Samples: Indenture (Ual Corp /De/)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, reserve out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock Ordinary Shares to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicableHolder).
Appears in 1 contract
Samples: Indenture (Cazoo Group LTD)
Shares to be Fully Paid. The Company shall provideuse its commercially reasonable efforts to at all times reserve, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of shares of Common Stock that may be due upon conversion, including the maximum number of Additional Shares pursuant to Section 14.03 14.03, and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicableHolder).
Appears in 1 contract
Samples: Indenture (Repligen Corp)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock Shares to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable).
Appears in 1 contract
Samples: Indenture (BLACKBERRY LTD)
Shares to be Fully Paid. The Following receipt of Shareholder Approval, the Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock Shares to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable).
Appears in 1 contract
Samples: Invacare Corp
Shares to be Fully Paid. The Company shall providereserve, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable)conversion.
Appears in 1 contract
Samples: Indenture (Lightning eMotors, Inc.)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable)Holder.
Appears in 1 contract
Samples: Indenture (Avis Budget Group, Inc.)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock Ordinary Shares to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable).
Appears in 1 contract
Samples: NovoCure LTD
Shares to be Fully Paid. The Company shall provideprovide at all times, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient a number of shares of Common Stock equal to provide (a) 36.9004 subject to adjustment in the same manner as the Conversion Rate pursuant to Section 8.04 and subject to Section 8.12, multiplied by (b)(i) the aggregate principal amount of Notes then outstanding, divided by (ii) $1,000, for the purpose of providing for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable)conversion.
Appears in 1 contract
Shares to be Fully Paid. The Company shall provideat all times reserve, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient a number of shares of Common Stock equal to the product of (a) the number of outstanding Notes and (b) the Conversion Rate (assuming the Conversion Rate has been increased by the maximum number of Additional Shares pursuant to Section 14.03), to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable)conversion.
Appears in 1 contract
Samples: Indenture (Axon Enterprise, Inc.)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock Subordinate Voting Shares to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 14.03(a) and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicableHolder).
Appears in 1 contract
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, 67 all such Notes would be converted by a single Holder and that Physical Settlement were applicable).
Appears in 1 contract
Samples: Assertio Therapeutics, Inc
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasuryshares, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable).. 77 #91808965v6 10058821.1
Appears in 1 contract
Samples: Indenture (Euronet Worldwide Inc)
Shares to be Fully Paid. The Company shall providereserve, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were is applicable).
Appears in 1 contract
Samples: Avaya Holdings Corp.
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery after application of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable13.02(a).
Appears in 1 contract
Samples: Indenture (Eastman Kodak Co)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation 84 of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable).
Appears in 1 contract
Samples: Indenture (Slack Technologies, Inc.)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 13.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable).. 133
Appears in 1 contract
Samples: Indenture (I/O Marine Systems, Inc.)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable).Notes
Appears in 1 contract
Samples: Indenture (Scorpio Tankers Inc.)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares Ordinary Shares or shares Ordinary Shares held in treasury, sufficient shares of Common Stock Ordinary Shares to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable)conversion.
Appears in 1 contract
Samples: Indenture (Sina Corp)
Shares to be Fully Paid. The Company shall provideat all times reserve, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient a number of shares of Common Stock equal to the product of (a) the number of outstanding Notes and (b) the Conversion Rate (assuming the Conversion Rate has been increased by the maximum number of Additional Shares pursuant to Section 14.03), to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable).conversion. #98368004v14
Appears in 1 contract
Samples: Indenture (PNM Resources Inc)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion following receipt of Shareholder Approval prior to the applicable Flexible Settlement Deadline (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Stock Settlement were applicable).
Appears in 1 contract
Samples: Heritage Insurance (Heritage Insurance Holdings, Inc.)
Shares to be Fully Paid. The Company shall providereserve, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Class A Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 13.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable).
Appears in 1 contract
Samples: Indenture (Twilio Inc)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented surrendered for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 17.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable).
Appears in 1 contract
Samples: SAExploration Holdings, Inc.
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were is applicable). Section 14.07.
Appears in 1 contract
Samples: Neogenomics Inc
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 9.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable).
Appears in 1 contract
Shares to be Fully Paid. The Company shall use its commercially reasonable efforts to provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were is applicable). Section 14.07.
Appears in 1 contract
Samples: Indenture (Five9, Inc.)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable).. 14.07
Appears in 1 contract
Samples: Indenture (Tricida, Inc.)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and (x) that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicableis applicable and (y) the delivery of the maximum number of shares of Common Stock, including the maximum Conversion Rate increase pursuant to Section 14.03).
Appears in 1 contract
Shares to be Fully Paid. The Company shall at all times provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery conversion. The Company shall settle its Make-Whole Obligation by Cash Settlement unless any shares deliverable upon settlement of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes its Make-Whole Obligation would be converted by a single Holder free of preemptive rights and that Physical Settlement were applicable)would not exceed its authorized but unissued shares or shares held in treasury.
Appears in 1 contract
Shares to be Fully Paid. The Company shall providereserve, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicabledelivery of the maximum number of Additional Shares pursuant to Section 14.03).
Appears in 1 contract
Samples: Indenture (3d Systems Corp)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicableapplicable and taking into consideration the maximum number of additional shares of Common Stock deliverable in connection with a Make-Whole Fundamental Change).
Appears in 1 contract
Samples: Indenture (Monster Worldwide, Inc.)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were is applicable). Section 14.06.
Appears in 1 contract
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 11.05 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicableHolder).
Appears in 1 contract
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable).
Appears in 1 contract
Samples: Indenture (Assertio Holdings, Inc.)
Shares to be Fully Paid. The Company shall provideat all times reserve, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient a number of shares of Common Stock equal to the product of (a) the number of outstanding Notes and (b) the Conversion Rate (assuming the Conversion Rate has been increased by the maximum number of Additional Shares pursuant to Section 14.03 Section 14.03), to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable)conversion.
Appears in 1 contract
Samples: Indenture (Oak Street Health, Inc.)
Shares to be Fully Paid. The Company shall providereserve at all times, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient a number of shares of Common Stock equal to provide (a) the Maximum Share Number multiplied by (b)(i) the aggregate principal amount of Notes then outstanding, divided by (ii) $1,000, for the purpose of providing for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable)conversion.
Appears in 1 contract
Shares to be Fully Paid. The Following receipt of Shareholder Approval, the Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock Shares to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable).
Appears in 1 contract
Samples: Invacare Corp
Shares to be Fully Paid. The Company shall provideat all times reserve, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient a number of shares of Common Stock sufficient to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicableHolder).
Appears in 1 contract
Samples: Indenture (PagerDuty, Inc.)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasuryshares, sufficient shares of Common Stock Shares to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable)conversion.
Appears in 1 contract
Samples: Goldcorp Inc
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 Section 12.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable).
Appears in 1 contract
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock stock to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable)conversion.
Appears in 1 contract
Samples: First Supplemental Indenture (Energy Conversion Devices Inc)
Shares to be Fully Paid. The Company shall provide, free from preemptive rights, out of its authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock Ordinary Shares to provide for conversion of the Notes from time to time as such Notes are presented for conversion (assuming delivery of the maximum number of Additional Shares pursuant to Section 14.03 and that at the time of computation of such number of shares, all such Notes would be converted by a single Holder and that Physical Settlement were applicable, and including the maximum number of Additional Shares).
Appears in 1 contract
Samples: Uti Worldwide (UTi WORLDWIDE INC)