Stockholder Rights Plan. Each share of Common Stock issued upon conversion of Securities pursuant to this Article 4 shall be entitled to receive the appropriate number of rights, if any, and the certificates representing the Common Stock issued upon such conversion shall bear such legends, if any, in each case as may be provided by the terms of any stockholder rights plan adopted by the Company, as the same may be amended from time to time. Notwithstanding the foregoing, if prior to any conversion such rights have separated from the shares of Common Stock in accordance with the provisions of the applicable stockholder rights agreement, the Conversion Rate shall be adjusted at the time of separation as if the Company had distributed to all holders of the Common Stock, shares of the Company’s capital stock, evidences of indebtedness, assets, property, rights or warrants as described in Section 4.04(c) above, subject to readjustment in the event of the expiration, termination or redemption of such rights.
Appears in 6 contracts
Samples: Indenture (Emergent Capital, Inc.), Indenture (Emergent Capital, Inc.), Indenture (Emergent Capital, Inc.)
Stockholder Rights Plan. Each share of Common Stock issued upon conversion of Securities Notes pursuant to this Article 4 IV shall be entitled to receive the appropriate number of rights, if any, and the certificates representing the Common Stock issued upon such conversion shall bear such legends, if any, in each case as may be provided by the terms of any stockholder rights plan adopted by the CompanyCompany in effect at the time of such conversion, as the same may be amended from time to time. Notwithstanding the foregoing, if prior to any conversion such rights have separated from the shares of Common Stock in accordance with the provisions of the applicable stockholder rights agreement, the Conversion Rate shall be adjusted at the time of separation as if the Company had distributed to all or substantially all holders of the Common Stock, shares of the Company’s capital stockCapital Stock, evidences of indebtedness, assets, or other of the Company’s assets or property, rights rights, options or warrants as described set forth in Section 4.04(c) above), subject to readjustment in the event of the expiration, termination or redemption of such rights.
Appears in 3 contracts
Samples: Supplemental Indenture (PDL Biopharma, Inc.), Supplemental Indenture (PDL Biopharma, Inc.), Supplemental Indenture (PDL Biopharma, Inc.)
Stockholder Rights Plan. Each share of Common Stock issued upon conversion of Securities Notes pursuant to this Article 4 shall be entitled to receive the appropriate number of rights, if any, and the certificates representing the Common Stock issued upon such conversion shall bear such legends, if any, in each case as may be provided by the terms of any stockholder rights plan adopted by the Company, as the same may be amended from time to time. Notwithstanding the foregoing, if prior to any conversion such rights have separated from the shares of Common Stock in accordance with the provisions of the applicable stockholder rights agreement, the Conversion Rate shall be adjusted at the time of separation as if the Company had distributed to all holders of the Common Stock, shares of the Company’s capital stock, evidences of indebtedness, assets, property, rights indebtedness or warrants other assets or property as described set forth in Section 4.04(c) above), subject to readjustment in the event of the expiration, termination or redemption of such rights.
Appears in 2 contracts
Samples: Supplemental Indenture (Brookdale Senior Living Inc.), Supplemental Indenture (PDL Biopharma, Inc.)
Stockholder Rights Plan. Each share of Common Stock issued upon conversion of Securities Notes pursuant to this Article 4 shall be entitled to receive the appropriate number of rights, if any, and the certificates representing the Common Stock issued upon such conversion shall bear such legends, if any, in each case as may be provided by the terms of any stockholder rights plan adopted by the Company, as the same may be amended from time to time. Notwithstanding the foregoing, if prior to any conversion such rights have separated from the shares of Common Stock in accordance with the provisions of the applicable stockholder rights agreement, the Conversion Rate shall be adjusted at the time of separation as if the Company had distributed to all holders of the Common Stock, shares of the Company’s capital stock, evidences of indebtedness, assets, property, rights or warrants as described in Section 4.04(c) above, subject to readjustment in the event of the expiration, termination or redemption of such rights.
Appears in 2 contracts
Samples: Indenture (Proofpoint Inc), Indenture (Proofpoint Inc)
Stockholder Rights Plan. Each share of Common Stock issued upon conversion of Securities Notes pursuant to this Article 4 7 shall be entitled to receive the appropriate number of rights, if any, and the certificates representing the any shares of Common Stock issued upon such conversion shall bear such legends, if any, in each case as may be provided by the terms of any current or subsequent stockholder rights plan agreement adopted by the Company, as the same any such agreement may be amended from time to time. Notwithstanding the foregoing, if prior to any conversion such rights have separated from the shares of Common Stock in accordance with the provisions of the applicable stockholder rights agreement, the Conversion Rate shall be adjusted at the time of separation as if the Company had distributed distributed, to all holders of the Common Stock, shares of the Company’s capital stock, evidences of indebtedness, assets, property, rights or warrants Distributed Property as described in Section 4.04(c7.03(f) above, subject to readjustment in the event of the expiration, termination or redemption of such rights.
Appears in 1 contract
Samples: Indenture (Hc2 Holdings, Inc.)
Stockholder Rights Plan. Each share of Common Stock issued upon conversion of Securities Notes pursuant to this Article 4 7 shall be entitled to receive the appropriate number of rights, if any, and the certificates representing the shares of Common Stock issued upon such conversion shall bear such legends, if any, in each case as may be provided by the terms of any current or subsequent stockholder rights plan agreement adopted by the Company, as the same any such agreement may be amended from time to time. Notwithstanding the foregoing, if prior to any conversion such rights have separated from the shares of Common Stock in accordance with the provisions of the applicable stockholder rights agreement, the Conversion Rate shall be adjusted at the time of separation as if the Company had distributed distributed, to all holders of the Common Stock, shares of the Company’s capital stock, evidences of indebtedness, assets, property, rights or warrants Distributed Property as described in Section 4.04(c7.03(c) above, subject to readjustment in the event of the expiration, termination or redemption of such rights.
Appears in 1 contract
Samples: Indenture (Hc2 Holdings, Inc.)
Stockholder Rights Plan. Each share of Common Stock Settlement Share issued upon conversion of Securities Notes pursuant to this Article 4 shall be entitled to receive the appropriate number of rights, if any, and the certificates representing the Common Stock Ordinary Shares issued upon such conversion shall bear such legends, if any, in each case as may be provided by the terms of any stockholder rights plan adopted by the Company, as the same may be amended from time to time. Notwithstanding the foregoing, if prior to any conversion such rights have separated from the shares of Common Stock Ordinary Shares in accordance with the provisions of the applicable stockholder rights agreement, the Conversion Rate Ratio shall be adjusted at the time of separation as if the Company had distributed to all holders of the Common Stock, shares of the Company’s capital stock, evidences of indebtedness, assets, property, Ordinary Shares rights or warrants as described in Section 4.04(c4.05(b)(v) above, subject to readjustment in the event of the expiration, termination or redemption of such rights.
Appears in 1 contract