Stock Reserve. At all times when any Notes are outstanding, the Company will reserve, out of its authorized but unissued and unreserved shares of Common Stock, a number of shares of Common Stock sufficient to permit the conversion of all then-outstanding Notes, assuming (x) Physical Settlement will apply to such conversion; and (y) the Conversion Rate is increased by the maximum amount pursuant to which the Conversion Rate may be increased pursuant to Section 5.07.
Appears in 40 contracts
Samples: Indenture (Vertex, Inc.), Indenture (Super Micro Computer, Inc.), Indenture (2U, Inc.)
Stock Reserve. At all times when any Notes are outstanding, the Company will reserve, reserve (out of its authorized but unissued and unreserved shares of Common Stock, Stock that are not reserved for other purposes) a number of shares of Common Stock sufficient to permit the conversion of all then-outstanding Notes, assuming (x) Physical Settlement will apply to such conversion; and (y) the Conversion Rate is increased by the maximum amount pursuant to which the Conversion Rate may be increased pursuant to Section 5.07.
Appears in 9 contracts
Samples: Indenture (Peloton Interactive, Inc.), Indenture (Coinbase Global, Inc.), Indenture (Outbrain Inc.)
Stock Reserve. At all times when any Notes are outstanding, the Company will reserve, out of its authorized but unissued and unreserved shares of Common Stock, a number of shares of Common Stock sufficient to permit the conversion of all then-outstanding Notes, assuming (x) Physical Settlement will apply to such conversion; and (y) the Conversion Rate is increased by the maximum amount pursuant to which the Conversion Rate may be increased pursuant to Section 5.07.
Appears in 7 contracts
Samples: First Supplemental Indenture (Tilray Brands, Inc.), First Supplemental Indenture (Xeris Biopharma Holdings, Inc.), First Supplemental Indenture (Xeris Pharmaceuticals Inc)
Stock Reserve. At all times when any Notes are outstanding, the Company will reserve, out of its authorized but unissued and unreserved shares of Common Stock, a number of shares of Common Stock sufficient to permit the conversion of all then-outstanding Notes, assuming (x) Physical Settlement will apply to such conversionthe Company elects, upon each conversion of the Notes, a Specified Dollar Amount of $1,000 per $1,000 principal amount of Notes; and (y) the Conversion Rate is increased by the maximum amount pursuant to which the Conversion Rate may be increased pursuant to Section 5.07.
Appears in 3 contracts
Samples: Indenture (Haemonetics Corp), Indenture (Haemonetics Corp), Indenture (Mitek Systems Inc)
Stock Reserve. At all times when any Notes are outstanding, the Company will reserve, out of its authorized but unissued not outstanding and unreserved shares of Common Stock, a number of shares of Common Stock sufficient to permit the conversion of all then-outstanding Notes, assuming (x) Physical Settlement will apply to such conversion; and (y) the Conversion Rate is increased by the maximum amount pursuant to which the Conversion Rate may be increased pursuant to Section 5.07.
Appears in 3 contracts
Samples: Indenture (Guess Inc), Indenture (Bloomin' Brands, Inc.), Indenture (Guess Inc)
Stock Reserve. At all times when any Notes are outstanding, the Company will reserve, reserve (out of its authorized but unissued and unreserved shares of Common Stock, Stock that are not reserved for other purposes) a number of shares of Common Stock sufficient to permit the conversion of all then-outstanding Notes, Notes assuming (x) Physical Settlement will apply to such conversion; and (y) the Conversion Rate is increased by the maximum amount pursuant Strategic Make-Whole or Applicable Premium in effect from time to which time, and the Conversion Rate may be increased pursuant to Section 5.07Minimum Price.
Appears in 3 contracts
Samples: Indenture (Biora Therapeutics, Inc.), Indenture (Biora Therapeutics, Inc.), Indenture (Biora Therapeutics, Inc.)
Stock Reserve. At all times when any Notes are outstanding, the Company will reserve, out of its authorized but unissued and unreserved shares of Common Stock, a number of shares of Common Stock sufficient equal to permit the conversion product of (i) the aggregate principal amount (expressed in thousands) of all then-outstanding Notes, assuming (x) Physical Settlement will apply to such conversion; and (yii) the Conversion Rate then in effect (assuming, for these purposes, that the Conversion Rate is increased by the maximum amount pursuant to which the Conversion Rate may be increased pursuant to Section 5.07).
Appears in 2 contracts
Samples: Indenture (Cracker Barrel Old Country Store, Inc), Second Supplemental Indenture (Spirit Airlines, Inc.)
Stock Reserve. At all times from and after the Authorized Share Effective Date, when any Notes are outstanding, the Company will reserve, out of its authorized but unissued and unreserved shares of Common Stock, a number of shares of Common Stock sufficient to permit the conversion of all then-outstanding Notes, assuming (x) Physical Settlement will apply to such conversion; and (y) the Conversion Rate is increased by the maximum amount pursuant to which the Conversion Rate may be increased pursuant to Section 5.075.08.
Appears in 2 contracts
Samples: Second Supplemental Indenture (Verastem, Inc.), First Supplemental Indenture (Verastem, Inc.)
Stock Reserve. At all times when any Notes are outstanding, the Company will reserve, out of its authorized but unissued and unreserved shares of Common Stock, a number of shares of Common Stock sufficient equal to permit the conversion product of (i) the aggregate principal amount (expressed in thousands) of all then-outstanding Notes, assuming (x) Physical Settlement will apply to such conversion; and (yii) the Conversion Rate then in effect (assuming, for these purposes, that the Conversion Rate is increased by the maximum amount pursuant to which the Conversion Rate may be increased pursuant to Section 5.07.
Appears in 2 contracts
Samples: Indenture (Halozyme Therapeutics, Inc.), Indenture (Halozyme Therapeutics, Inc.)
Stock Reserve. At all times when any Notes are outstanding, the Company will reserve, out of its authorized but unissued and unreserved shares of Common Stock, a number of shares of Common Stock sufficient to permit the conversion of all then-outstanding Notes, assuming (x) Physical Settlement will apply to such conversion; and (y) the Conversion Rate is increased by the maximum amount pursuant to which the Conversion Rate may be increased pursuant to Section 5.075.07 and without regard to the General Beneficial Ownership Limit, any Holder Beneficial Ownership Limit or any other limitation on the conversion of the Notes.
Appears in 1 contract
Stock Reserve. At all times when any Notes are outstanding, the Company will reserve, out of its authorized but unissued unreserved and unreserved not outstanding shares of Common Stock, a number of shares of Common Stock sufficient to permit the conversion of all then-outstanding Notes, assuming (x) Physical Settlement will apply to such conversion; and (y) the Conversion Rate is increased by the maximum amount pursuant to which the Conversion Rate may be increased pursuant to Section 5.07.
Appears in 1 contract
Samples: Indenture (Chefs' Warehouse, Inc.)
Stock Reserve. At all times when any Notes are outstanding, the Company will reserve, reserve (out of its authorized but unissued and unreserved shares not outstanding Common Shares that are not reserved for other purposes) 120% of Common Stock, a number of shares of Common Stock sufficient Shares as may from time to permit the time be issuable upon conversion of all then-outstanding Notesthe Notes in accordance with its terms and conditions, assuming (x) Physical Settlement will apply to such conversion; and (y) the Conversion Rate is increased by the maximum amount pursuant to which the Conversion Rate may be increased pursuant to Section 5.07. To the extent the Company transfers Common Shares held in its treasury in settlement of the conversion of any Notes, each reference in this Indenture or the Notes to the issuance of Common Shares in connection therewith will be deemed to include such transfer, mutatis mutandis.
Appears in 1 contract
Samples: Indenture (Marti Technologies, Inc.)
Stock Reserve. At all times when any Notes are outstanding, the Company will reserve, Table of Contents reserve (out of its authorized but unissued and unreserved shares of Common Stock, Stock that are not reserved for other purposes) a number of shares of Common Stock sufficient to permit the conversion of all then-outstanding Notes, assuming (x) Physical Settlement will apply to such conversion; and (y) the Conversion Rate is increased by the maximum amount pursuant to which the Conversion Rate may be increased pursuant to Section 5.07.
Appears in 1 contract
Samples: Indenture (Progenity, Inc.)
Stock Reserve. At all times when any Notes are outstanding, the Company will reserve, out of its authorized but unissued and unreserved shares of Common Stock, a number of shares of Common Stock sufficient to permit the conversion of all then-outstanding Notes, assuming (x) Physical Settlement will apply to such conversion; and (y) the Conversion Rate is increased by the maximum amount pursuant to which the Conversion Rate may be increased pursuant to Section 5.07.
Appears in 1 contract
Samples: Indenture (Varex Imaging Corp)
Stock Reserve. At all times when any Notes are outstanding, the Company will reserve, out of its authorized but unissued and unreserved shares of Common Stock, a number of shares of Common Stock sufficient to permit the conversion of all then-outstanding Notes, assuming assuming, solely for purposes of this Section 5.04(A), that (x) Physical Settlement will apply each conversion is settled solely by the delivery of a number of shares of Common Stock, per $1,000 principal amount of Notes, equal to such conversionthe then-applicable Conversion Rate; and (y) the such Conversion Rate is increased by the maximum amount pursuant to which the Conversion Rate may be increased pursuant to Section 5.07.
Appears in 1 contract
Samples: Indenture (Booking Holdings Inc.)
Stock Reserve. At all times when any Notes are outstanding, the Company will reserve, reserve (out of its authorized but unissued and unreserved shares of Common Stock, Stock that are not reserved for other purposes) a number of shares of Common Stock sufficient equal to permit the conversion product of (i) the aggregate principal amount (expressed in thousands) of all then-outstanding Notes, assuming (x) Physical Settlement will apply to such conversion; and (yii) the Conversion Rate then in effect (assuming, for these purposes, that the Conversion Rate is increased by the maximum amount pursuant to which the Conversion Rate may be increased pursuant to Section 5.07).
Appears in 1 contract
Samples: Indenture (Tyler Technologies Inc)
Stock Reserve. At all times when any the Notes are outstanding, the Company will reserve, out of its authorized but unissued and unreserved shares of Common Stock, a number of shares of Common Stock sufficient equal to permit the maximum number of Conversion Shares to provide for the full conversion of all then-outstanding Notes, assuming (x) Physical Settlement will apply to such conversionthe Convertible Notes and any payment of accrued and unpaid interest thereon; and (y) provided that at no time shall the Conversion Rate is increased by the maximum amount number of shares of Common Stock reserved pursuant to which this Section 5.05(A) be reduced other than in connection with any stock combination, reverse stock split or other similar transaction or proportionally in connection with any conversion and/or redemption, as applicable, of the Conversion Rate may be increased pursuant to Section 5.07Convertible Notes.
Appears in 1 contract
Samples: Indenture (Workhorse Group Inc.)
Stock Reserve. At all times from and after the Issue Date, when any Notes are outstanding, the Company will reserve, out of its authorized but unissued and unreserved shares of Common Stock, a number of shares of Common Stock sufficient to permit the conversion of all then-outstanding Notes, assuming (x) Physical Settlement will apply to such conversion; and (y) the Conversion Rate is increased by the maximum amount pursuant to which the Conversion Rate may be increased pursuant to Section 5.07Section 5.08.
Appears in 1 contract
Samples: Indenture (Verastem, Inc.)
Stock Reserve. At all times when any Notes are outstanding, the Company will reserve, out of its authorized but unissued and unreserved shares of Common Stock, a number of shares of Common Stock sufficient to permit the conversion of all then-outstanding Notes, assuming assuming: (x) Physical Settlement will apply to such conversion; and (y) the Conversion Rate is increased by the maximum amount pursuant to which the Conversion Rate may be increased pursuant to Section 5.07.
Appears in 1 contract
Samples: Indenture (PetIQ, Inc.)
Stock Reserve. At all times when any Notes are outstanding, the Company will reserve, reserve (out of its authorized but unissued and unreserved shares of Common Stock, Stock that are not reserved for other purposes) a number of shares of Common Stock sufficient to permit the conversion of all then-outstanding Notes, assuming (x) Physical Settlement will apply to such conversionthe Company elects, upon each conversion of the Notes, a Specified Dollar Amount of $1,000 per $1,000 principal amount of Notes; and (y) the Conversion Rate is increased by the maximum amount pursuant to which the Conversion Rate may be increased pursuant to Section 5.07.
Appears in 1 contract
Samples: Indenture (Vail Resorts Inc)
Stock Reserve. At all times when any Notes are outstandingoutstanding Article 5, the Company will reserve, out of its authorized but unissued and unreserved shares of Common Stock, a number of shares of Common Stock sufficient to permit the conversion of all then-outstanding Notes, assuming (x) Physical Settlement will apply to such conversion; and (y) the Conversion Rate is increased by the maximum amount pursuant to which the Conversion Rate may be increased pursuant to Section 5.07.
Appears in 1 contract
Samples: Indenture (Gastar Exploration Inc.)
Stock Reserve. At all times when any Notes are outstanding, the Company will reserve, reserve (out of its authorized but unissued and unreserved shares of Common Stock, Stock that are not reserved for other purposes) a number of shares of Common Stock sufficient to permit the conversion of all then-outstanding Notes, assuming (x) Physical Settlement will apply to such conversion; and (y) the Conversion Rate is increased by the maximum amount pursuant to which the Conversion Rate may be increased pursuant to Section 5.07.
Appears in 1 contract
Samples: Indenture (Peabody Energy Corp)