Common use of Stockholder Rights Plan Clause in Contracts

Stockholder Rights Plan. To the extent that the Company has a rights plan in effect upon conversion of the Securities into Common Stock, the Holder will receive, in addition to the Common Stock, the rights under the rights plan, unless prior to any conversion, the rights have separated from the Common Stock, in which case the Conversion Rate will be adjusted at the time of separation as if the Company distributed to all holders of Common Stock, shares of the Company’s capital stock, evidences of indebtedness or assets as described in Section 12.2(c) above, subject to readjustment in the event of the expiration, termination or redemption of such rights. In lieu of any such adjustment, the Company may amend such applicable stockholder rights agreement to provide that upon conversion of the Securities the Holders will receive, in addition to the Common Stock issuable upon such conversion, the rights which would have attached to such Common Stock if the rights had not become separated from the Common Stock under such applicable stockholder rights agreement.

Appears in 6 contracts

Samples: Indenture (Trinity Industries Inc), Indenture (Trinity Industries Inc), Indenture (Trinity Industries Inc)

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Stockholder Rights Plan. To the extent that the Company has a rights plan in effect upon conversion of the Securities into Common Stock, the Holder will receive, in addition to the Common Stock, the rights under the rights plan, unless prior to any conversion, the rights have separated from the Common Stock, in which case case, and only in such case, the Conversion Rate will be adjusted at the time of separation as if the Company distributed to all holders of Common Stock, Stock shares of the Company’s capital stockCapital Stock, evidences of indebtedness or assets as described in Section 12.2(c12.02(c) above, subject to readjustment in the event of the expiration, termination or redemption of such rights. In lieu of any such adjustment, the Company may amend such applicable stockholder rights agreement to provide that upon conversion of the Securities the Holders will receive, in addition to the Common Stock issuable upon such conversion, the rights which would have attached to such Common Stock if the rights had not become separated from the Common Stock under such applicable stockholder rights agreement.

Appears in 3 contracts

Samples: Indenture (Kyphon Inc), Indenture (Group 1 Automotive Inc), Indenture (Delta Petroleum Corp/Co)

Stockholder Rights Plan. To the extent that the Company has a rights plan in effect upon conversion of the Securities into Common Stock, the Holder will receive, in addition to the Common Stock, the rights under the rights plan, unless prior to any conversion, the rights have separated from the Common Stock, in which case the Conversion Rate will be adjusted at the time of separation as if the Company distributed to all holders of Common Stock, Stock shares of the Company’s capital stock, evidences of indebtedness or assets as described in Section 12.2(c12.02(c) above, subject to readjustment in the event of the expiration, termination or redemption of such rights. In lieu of any such adjustment, the Company may amend such applicable stockholder rights agreement to provide that upon conversion of the Securities the Holders will receive, in addition to the Common Stock issuable upon such conversion, the rights which would have attached to such Common Stock if the rights had not become separated from the Common Stock under such applicable stockholder rights agreement.

Appears in 3 contracts

Samples: Indenture (Pier 1 Imports Inc/De), Indenture (Pier 1 Imports Inc/De), Indenture (Pier 1 Imports Inc/De)

Stockholder Rights Plan. To the extent that the Company Issuer has a rights plan in effect upon conversion exchange of the Securities into Common StockNotes, the Holder Noteholder will receive, in addition to the Common Stock, if any, the rights under the rights plan, unless prior to any conversionexchange, the rights have separated from the Common Stock, in which case the Conversion Exchange Rate will be adjusted at the time of separation as if the Company Issuer distributed to all holders of Common Stock, shares of the CompanyIssuer’s capital stock, evidences of indebtedness or assets as described in Section 12.2(c14.04(c) above, subject to readjustment in the event of the expiration, termination or redemption of such rights. In lieu of any such adjustment, the Company Issuer may amend such applicable stockholder rights agreement to provide that upon conversion exchange of the Securities Notes the Holders holders will receive, in addition to the Common Stock issuable upon such conversionexchange, the rights which would have attached to such Common Stock if the rights had not become separated from the Common Stock under such applicable stockholder rights agreement.

Appears in 2 contracts

Samples: Indenture (O Reilly Automotive Inc), Indenture (CSK Auto Corp)

Stockholder Rights Plan. To the extent that the Company has a rights plan in effect upon conversion of the Securities Notes into Common Stock, the Holder will Holders that convert their Notes shall receive, in addition to the Common Stock, the rights under the rights plan, unless prior to any conversion, the rights have separated from the Common Stock, in which case case, and only in such case, the Conversion Rate will shall be adjusted at the time of separation as if the Company distributed to all holders of Common Stock, Stock shares of the Company’s capital stock, stock evidences of indebtedness or assets as described in Section 12.2(c5.02(b) above, subject to readjustment in the event of the expiration, termination or redemption of such rights. In lieu of any such adjustment, the Company may amend such applicable stockholder rights agreement to provide that upon conversion of the Securities Notes the Holders will shall receive, in addition to the Common Stock issuable upon such conversion, the rights which would have attached to such Common Stock if the rights had not become separated from the Common Stock under such applicable stockholder rights agreement.

Appears in 2 contracts

Samples: Fifth Supplemental Indenture (Allegheny Technologies Inc), Second Supplemental Indenture (Allegheny Technologies Inc)

Stockholder Rights Plan. To the extent that the Company has a rights plan in effect upon conversion of the Securities into Common Capital Stock, the Holder will receive, in addition to the Common Capital Stock, the rights under the rights plan, unless prior to any conversion, the rights have separated from the Common Capital Stock, in which case the Conversion Rate will be adjusted at the time of separation as if the Company distributed to all holders Holders of Common Stock, Capital Stock shares of the Company’s capital stock's Capital Stock, evidences of indebtedness or assets as described in Section 12.2(c11.02(c) above, subject to readjustment in the event of the expiration, termination or redemption of such rights. In lieu of any such adjustment, the Company may amend such applicable stockholder rights agreement to provide that upon conversion of the Securities the Holders will receive, in addition to the Common Capital Stock issuable upon such conversion, the rights which would have attached to such Common Capital Stock if the rights had not become separated from the Common Capital Stock under such applicable stockholder rights agreement.

Appears in 2 contracts

Samples: Indenture (Chemed Corp), Indenture (Chemed Corp)

Stockholder Rights Plan. To the extent that the Company has a rights plan in effect upon conversion of the Securities Notes into Common Stock, the Holder Noteholder will receive, in addition to the Common Stock, the rights under the rights plan, unless prior to any conversion, the rights have separated from the Common Stock, in which case the Conversion Rate will be adjusted at the time of separation as if the Company distributed to all holders of Common Stock, shares of the Company’s capital stock, evidences of indebtedness or assets as described in Section 12.2(c15.04(c) above, subject to readjustment in the event of the expiration, termination or redemption of such rights. In lieu of any such adjustment, the Company may amend such applicable stockholder rights agreement to provide that upon conversion of the Securities Notes the Holders holders will receive, in addition to the Common Stock issuable upon such conversion, the rights which would have attached to such Common Stock if the rights had not become separated from the Common Stock under such applicable stockholder rights agreement.

Appears in 1 contract

Samples: Indenture (Ryerson Tull Inc /De/)

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Stockholder Rights Plan. To the extent that the Company Issuer has a rights plan in effect upon conversion exchange of the Securities into Common StockNotes, the Holder Noteholder will receive, in addition to the Common Stock, if any, the rights under the rights plan, unless prior to any conversionexchange, the rights have separated from the Common Stock, in which case the Conversion Exchange Rate will be adjusted at the time of separation as if the Company Issuer distributed to all holders of Common Stock, shares of the Company’s Issuer's capital stock, evidences of indebtedness or assets as described in Section 12.2(c14.04(c) above, subject to readjustment in the event of the expiration, termination or redemption of such rights. In lieu of any such adjustment, the Company Issuer may amend such applicable stockholder rights agreement to provide that upon conversion exchange of the Securities Notes the Holders holders will receive, in addition to the Common Stock issuable upon such conversionexchange, the rights which would have attached to such Common Stock if the rights had not become separated from the Common Stock under such applicable stockholder rights agreement.

Appears in 1 contract

Samples: Indenture (CSK Auto Corp)

Stockholder Rights Plan. To the extent that the Company has a rights plan in effect upon conversion of the Securities into Common Stock, the Holder will receive, in addition to the Common Stock, the rights under the rights plan, unless prior to any conversion, the rights have separated from the Common Stock, in which case case, and only in such case, the Conversion Rate will be adjusted at the time of separation as if the Company distributed to all holders of Common Stock, Stock shares of the Company’s capital stock's Capital Stock, evidences of indebtedness or assets as described in Section 12.2(c12.02(c) above, subject to readjustment in the event of the expiration, termination or redemption of such rights. In lieu of any such adjustment, the Company may amend such applicable stockholder rights agreement to provide that upon conversion of the Securities the Holders will receive, in addition to the Common Stock issuable upon such conversion, the rights which would have attached to such Common Stock if the rights had not become separated from the Common Stock under such applicable stockholder rights agreement.

Appears in 1 contract

Samples: Indenture (Calgon Carbon Corporation)

Stockholder Rights Plan. To the extent that the Company has a rights plan in effect upon conversion of the Securities into Common Stock, the Holder Holders that convert their Securities will receive, in addition to the Common Stock, the rights under the rights plan, unless prior to any conversion, the rights have separated from the Common Stock, in which case case, and only in such case, the Conversion Rate will be adjusted at the time of separation as if the Company distributed to all holders of Common Stock, Stock shares of the Company’s capital stockCapital Stock, evidences of indebtedness or assets as described in Section 12.2(c10.02(3) above, subject to readjustment in the event of the expiration, termination or redemption of such rights. In lieu of any such adjustment, the Company may amend such applicable stockholder rights agreement to provide that upon conversion of the Securities the Holders will receive, in addition to the Common Stock issuable upon such conversion, the rights which would have attached to such Common Stock if the rights had not become separated from the Common Stock under such applicable stockholder rights agreement.

Appears in 1 contract

Samples: Indenture (Catalyst Biosciences, Inc.)

Stockholder Rights Plan. To the extent that the Company has a rights plan in effect upon conversion of the Securities into Common Stock, the Holder will receive, in addition to the Common Stock, the rights under the rights plan, unless prior to any conversion, the rights have separated from the Common Stock, in which case the Conversion Rate will be adjusted at the time of separation as if the Company distributed to all holders of Common Stock, Stock shares of the Company’s 's capital stock, evidences of indebtedness or assets as described in Section 12.2(c12.02(c) above, subject to readjustment in the event of the expiration, termination or redemption of such rights. In lieu of any such adjustment, the Company may amend such applicable stockholder rights agreement to provide that upon conversion of the Securities the Holders will receive, in addition to the Common Stock issuable upon such conversion, the rights which would have attached to such Common Stock if the rights had not become separated from the Common Stock under such applicable stockholder rights agreement.

Appears in 1 contract

Samples: Indenture (King Pharmaceuticals Inc)

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