Stockholder Rights Plans. To the extent that the Company has a stockholder rights plan or other “poison pill” in effect upon conversion of the Securities, each share of Common Stock, if any, issued upon such conversion 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 such stockholder rights plan or poison pill, as the same may be amended from time to time. If, however, prior to the time of conversion, the rights have separated from the shares of Common Stock in accordance with the provisions of the applicable stockholder rights agreement so that the holders of the Securities would not be entitled to receive any rights in respect of Common Stock, if any, issuable upon conversion of the Securities, the Conversion Rate will be adjusted at the time of separation as if the Company has distributed to all holders of Common Stock, shares of Capital Stock of the Company, evidence of indebtedness or other assets or property having a fair market value of the rights as provided in Section 4.05(c), subject to readjustment in the event of the expiration, termination or redemption of such rights.
Appears in 4 contracts
Samples: Indenture (Jakks Pacific Inc), Indenture (Jakks Pacific Inc), Indenture (BGC Partners, Inc.)
Stockholder Rights Plans. To the extent that the Company has a stockholder rights plan or other “poison pill” in effect upon conversion of the SecuritiesNotes, each share of Common Stock, if any, issued upon such conversion 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 such stockholder rights plan or poison pill, as the same may be amended from time to time. If, however, prior to the time of conversion, the rights have separated from the shares of Common Stock in accordance with the provisions of the applicable stockholder rights agreement so that the holders of the Securities Notes would not be entitled to receive any rights in respect of Common Stock, if any, issuable upon conversion of the SecuritiesNotes, the Conversion Rate will be adjusted at the time of separation as if the Company has distributed to all holders of Common Stock, shares of Capital Stock of the Company, evidence of indebtedness or other assets or property having a fair market value of the rights as provided in Section 4.05(c5.04(c), subject to readjustment in the event of the expiration, termination or redemption of such rights.
Appears in 3 contracts
Samples: Indenture (Borgwarner Inc), First Supplemental Indenture (Us Airways Inc), Second Supplemental Indenture (Borgwarner Inc)
Stockholder Rights Plans. To the extent that the Company has a stockholder rights plan or other “poison pill” in effect upon conversion of the SecuritiesNotes, each share of Common Stock, if any, issued upon such conversion 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 such stockholder rights plan or poison pill, as the same may be amended from time to time. If, however, If prior to the time of conversion, however, the rights have separated from the shares of Common Stock in accordance with the provisions of the applicable stockholder rights agreement so that the holders of the Securities Notes would not be entitled to receive any rights in respect of Common Stock, if any, issuable upon conversion of the SecuritiesNotes, the Conversion Rate will be adjusted at the time of separation as if the Company has had distributed to all holders of Common Stock, shares of Capital Stock of the Company, evidence of indebtedness or other assets or property having a fair market value of the rights as provided in Section 4.05(c15.04(c), subject to readjustment in the event of the expiration, termination or redemption of such rights.
Appears in 3 contracts
Samples: Indenture (Salix Pharmaceuticals LTD), Indenture (Salix Pharmaceuticals LTD), Indenture (Salix Pharmaceuticals LTD)
Stockholder Rights Plans. To the extent that If the Company has a stockholder rights plan or other “poison pill” in effect at the time any Conversion Settlement Consideration is payable or deliverable, as applicable, upon conversion of the Securitiesany Notes, then each share of Common Stock, if any, issued upon such conversion so deliverable shall be entitled to receive the appropriate accompanied with such number of rights as would be accompanied by such shares pursuant to such rights plan if such shares were issued in the circumstances set forth in such rights plan as would entitle such shares to be so accompanied by such rights. However, 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 such stockholder rights plan or poison pill, as the same may be amended from time to time. If, however, prior to the time any conversion of conversionNotes, the rights have separated from the shares of Common Stock in accordance with the provisions of the applicable stockholder rights agreement so that the holders of the Securities would not be entitled to receive any rights plan, then in respect of Common Stocksuch case, if any, issuable upon conversion of the Securitiesand only in such case, the Conversion Rate will shall be adjusted at the time of separation as if the Company has distributed to all or substantially all holders of the Common Stock shares of its Capital Stock, shares evidences of Capital Stock of the Companyits indebtedness, evidence of indebtedness or other assets or property having a fair market value of the rights Company or rights, options or warrants to acquire the Company’s Capital Stock or other securities as provided in Section 4.05(c12.04(c), subject to readjustment in the event of the expiration, termination or redemption of such rights.
Appears in 3 contracts
Samples: Apollo Commercial Real Estate Finance, Inc., Indenture (Renewable Energy Group, Inc.), First Supplemental Indenture (Apollo Commercial Real Estate Finance, Inc.)
Stockholder Rights Plans. To the extent that the Company has a stockholder rights plan or other “poison pill” in effect upon conversion of the SecuritiesNotes, each share of Common Stock, if any, issued upon such conversion 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 such stockholder rights plan or poison pill, as the same may be amended from time to time. If, however, If prior to the time of conversion, however, the rights have separated from the shares of Common Stock in accordance with the provisions of the applicable stockholder rights agreement so that the holders of the Securities Notes would not be entitled to receive any rights in respect of Common Stock, if any, issuable upon conversion of the SecuritiesNotes, the Conversion Rate will be adjusted at the time of separation as if the Company has distributed to all holders of Common Stock, shares of Capital Stock of the Company, evidence evidences of indebtedness or other of its assets or property having a fair market value of the rights as provided in Section 4.05(c15.04(c), subject to readjustment in the event of the expiration, termination or redemption of such rights.
Appears in 2 contracts
Samples: Indenture (Affiliated Managers Group Inc), Synnex Corp
Stockholder Rights Plans. To the extent that the Company has a stockholder rights plan or other “poison pill” in effect upon conversion of the SecuritiesNotes, each share of Common Stock, if any, issued upon such conversion 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 such stockholder rights plan or poison pill, as the same may be amended from time to time. If, however, prior to the time of conversion, the rights have separated from the shares of Common Stock in accordance with the provisions of the applicable stockholder rights agreement so that the holders of the Securities Notes would not be entitled to receive any rights in respect of Common Stock, if any, issuable upon conversion of the SecuritiesNotes, the Conversion Rate will be adjusted at the time of separation as if the Company has distributed to all holders of Common Stock, shares of Capital Stock of the Company, evidence of indebtedness or other assets or property having a fair market value of the rights as provided in Section 4.05(c15.04(c), subject to readjustment in the event of the expiration, termination or redemption of such rights.
Appears in 2 contracts
Samples: Alliance Data Systems Corp, Alliance Data Systems Corp
Stockholder Rights Plans. To the extent that the Company has a stockholder rights plan or other “poison pill” in effect upon conversion of the SecuritiesNotes, each share of Common Stock, if any, Stock issued upon such conversion 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 such stockholder rights plan or poison pill, as the same may be amended from time to time. If, however, prior to the time of conversion, the rights have separated from the shares of Common Stock in accordance with the provisions of the applicable stockholder rights agreement so that the holders of the Securities Notes would not be entitled to receive any rights in respect of Common Stock, if any, Stock issuable upon conversion of the SecuritiesNotes, the Conversion Rate will be adjusted at the time of separation as if the Company has distributed to all holders of Common Stock, shares of Capital Stock of the Company, evidence of indebtedness or other assets or property having a fair market value of the rights as provided in Section 4.05(c15.04(c), subject to readjustment in the event of the expiration, termination or redemption of such rights.
Appears in 2 contracts
Stockholder Rights Plans. To the extent that the Company has a stockholder rights plan or other “poison pill” in effect upon conversion of the SecuritiesNotes, each share of Common Stock, if any, issued upon such conversion 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 such stockholder rights plan or poison pill, as the same may be amended from time to time. If, however, prior to the time of conversion, the rights have separated from the shares of Common Stock in accordance with the provisions of the applicable stockholder rights agreement so that the holders Holders of the Securities Notes would not be entitled to receive any rights in respect of Common Stock, if any, issuable upon conversion of the SecuritiesNotes, the Conversion Rate will be adjusted at the time of separation as if the Company has distributed to all holders of Common Stock, shares of Capital Stock of the Company, evidence of indebtedness or other assets or property having a fair market value of the rights as provided in Section 4.05(c6.04(c), subject to readjustment in the event of the expiration, termination or redemption of such rights.
Appears in 2 contracts
Samples: Indenture (Horton D R Inc /De/), Indenture (Horton D R Inc /De/)
Stockholder Rights Plans. To the extent that the Company has a stockholder rights plan or other “poison pill” another rights plan in effect upon conversion of the SecuritiesNotes, each share of Common Stock, if any, issued upon such conversion 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 such stockholder rights plan or poison pill, as the same may be amended from time to time. If, however, prior to the time of conversion, the rights have separated from the shares of Common Stock in accordance with the provisions of the applicable stockholder rights agreement so that the holders of the Securities Notes would not be entitled to receive any rights in respect of Common Stock, if any, issuable upon conversion of the SecuritiesNotes, the Conversion Rate will be adjusted at the time of separation as if the Company has distributed to all holders of Common Stock, shares of Capital Stock of the Company, evidence of indebtedness or other assets or property having a fair market value of the rights as provided in Section 4.05(c12.04(c), subject to readjustment in the event of the expiration, termination or redemption of such rights.
Appears in 2 contracts
Samples: Indenture (Ascent Capital Group, Inc.), Indenture (Ascent Capital Group, Inc.)
Stockholder Rights Plans. To the extent that the Company has a stockholder rights plan agreement or other “poison pill” in effect upon conversion of the SecuritiesNotes, each share of Common Stock, if any, issued upon such conversion 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 such stockholder rights plan agreement or other poison pill, as the same may be amended from time to time. If, however, prior to If at the time of conversion, however, the rights have separated from the shares of Common Stock in accordance with the provisions of the applicable stockholder rights agreement or other poison pill so that the holders of the Securities Noteholders would not be entitled to receive any rights in respect of Common Stock, if any, issuable upon conversion of the SecuritiesNotes, the Conversion Rate will be adjusted at the time of separation as if the Company has distributed to all or substantially all holders of Common Stock, shares of Capital Stock of the Company, evidence of indebtedness or other assets or property having a fair market value of the rights Distributed Property as provided in Section 4.05(c15.04(c), subject to readjustment in the event of the expiration, termination or redemption of such rights.
Appears in 2 contracts
Samples: Indenture (Ariad Pharmaceuticals Inc), Indenture (Alaska Communications Systems Group Inc)
Stockholder Rights Plans. To the extent that the Company has a stockholder rights plan or other “poison pill” in effect upon conversion of the SecuritiesNotes, each share of Common Stock, if any, issued upon such conversion 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 such stockholder rights plan or poison pill, as the same may be amended from time to time. If, however, prior to If at the time of conversion, however, the rights have separated from the shares of Common Stock in accordance with the provisions of the applicable stockholder rights agreement so that the holders of the Securities Notes would not be entitled to receive any rights in respect of Common Stock, if any, issuable upon conversion of the SecuritiesNotes, the Conversion Rate will be adjusted at the time of separation as if the Company has distributed to all holders of Common Stock, shares of Capital Stock of the Company, evidence of indebtedness or other assets or property having a fair market value of the rights as provided in Section 4.05(c15.04(c), subject to readjustment in the event of the expiration, termination or redemption of such rights.
Appears in 2 contracts
Samples: Indenture (Sothebys), Alaska Communications Systems Group Inc
Stockholder Rights Plans. To the extent that the Company has a stockholder rights plan or other “poison pill” in effect upon conversion of the SecuritiesNotes, each share of Common Stock, if any, issued upon such conversion 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 such stockholder rights plan or poison pill, as the same may be amended from time to time. If, however, If prior to the time of conversion, however, the rights have separated from the shares of Common Stock in accordance with the provisions of the applicable stockholder rights agreement so that the holders of the Securities Notes would not be entitled to receive any rights in respect of Common Stock, if any, issuable upon conversion of the SecuritiesNotes, the Conversion Rate will be adjusted at the time of separation as if the Company has had distributed to all holders of Common Stock, shares of Capital Stock of the Company, evidence of indebtedness or other assets or property having a fair market value of the rights as provided in Section 4.05(c12.05(c), subject to readjustment in the event of the expiration, termination or redemption of such rights.
Appears in 1 contract
Samples: Indenture (Kaman Corp)
Stockholder Rights Plans. To the extent that the Company has a stockholder rights plan or other “poison pill” in effect upon conversion of the SecuritiesNotes, each share of Common Stock, if any, issued upon such conversion 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 such stockholder rights plan or poison pill, as the same may be amended from time to time. If, however, prior to the time of conversion, the rights have separated from the shares of Common Stock in accordance with the provisions of the applicable stockholder rights agreement so that the holders of the Securities Notes would not be entitled to receive any rights in respect of Common Stock, if any, issuable upon conversion of the SecuritiesNotes, the Conversion Rate will be adjusted at the time of separation as if the Company has distributed to all holders of Common Stock, shares of Capital Stock of the Company, evidence of indebtedness or other assets or property having a fair market value of the rights as provided in Section 4.05(c13.04(c), subject to readjustment in the event of the expiration, termination or redemption of such rights.
Appears in 1 contract
Samples: Indenture (Eastman Kodak Co)
Stockholder Rights Plans. To the extent that the Company has a stockholder rights plan or other “poison pill” in effect upon conversion of the SecuritiesNotes, each share of Common Stock, if any, issued upon such conversion 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 such stockholder rights plan or poison pill, as the same may be amended from time to time. If, however, prior to the time of conversion, the rights have separated from the shares of Common Stock in accordance with the provisions of the applicable stockholder rights agreement so that the holders Holders of the Securities Notes would not be entitled to receive any rights in respect of Common Stock, if any, issuable upon conversion of the SecuritiesNotes, the Conversion Rate will be adjusted at the time of separation as if the Company has distributed to all holders of Common Stock, shares of Capital Stock of the Company, evidence of indebtedness or other assets or property having a fair market value of the rights as provided in Section 4.05(c10.04(c), subject to readjustment in the event of the expiration, termination or redemption of such rights.
Appears in 1 contract
Samples: Indenture (Ual Corp /De/)
Stockholder Rights Plans. To the extent that the Company has a stockholder rights plan or other “poison pill” in effect upon conversion of the SecuritiesNotes, each share of Common StockShares, if any, issued upon such conversion shall be entitled to receive the appropriate number of rights, if any, and the certificates representing the Common Stock Shares issued upon such conversion shall bear such legends, if any, in each case as may be provided by the terms of any such stockholder rights plan or poison pill, as the same may be amended from time to time. If, however, If prior to the time of conversion, however, the rights have separated from the shares of Common Stock Shares in accordance with the provisions of the applicable stockholder rights agreement so that the holders of the Securities Notes would not be entitled to receive any rights in respect of Common StockShares, if any, issuable upon conversion of the SecuritiesNotes, the Conversion Rate will be adjusted at the time of separation as if the Company has distributed to all holders of Common StockShares, shares of Share Capital Stock of the Company, evidence rights or warrants to acquire Share Capital of the Company, evidences of indebtedness or other of its assets or property having a fair market value of the rights as provided in Section 4.05(c14.04(c), subject to readjustment in the event of the expiration, termination or redemption of such rights.
Appears in 1 contract
Samples: MF Global Ltd.
Stockholder Rights Plans. To the extent that the Company has a stockholder rights plan or other “poison pill” in effect upon conversion of the Securities, each share of Common Stock, if any, issued upon such conversion 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 such stockholder rights plan or poison pill, as the same may be amended from time to time. If, however, prior to the time of conversion, the rights have separated from the shares of Common Stock in accordance with the provisions of the applicable stockholder rights agreement so that the holders of the Securities would not be entitled to receive any rights in respect of Common Stock, if any, issuable upon conversion of the Securities, the Conversion Rate will be adjusted at the time of separation as if the Company has distributed to all holders of Common Stock, shares of Capital Stock of the Company, evidence of indebtedness or other assets or other property having a fair market value of the rights as provided in Section 4.05(c), subject to readjustment in the event of the expiration, termination or redemption of such rights.
Appears in 1 contract
Samples: Indenture (Regis Corp)
Stockholder Rights Plans. To the extent that the Company has a stockholder rights plan or other “poison pill” in effect upon any conversion of the SecuritiesNotes into Common Stock, each (i) in addition to any share of Common Stock, if any, Stock issued upon such conversion the converting Holder shall be entitled to receive the appropriate number of rights, if any, and (ii) the certificates representing the Common Stock issued upon such conversion shall bear such legends, if any, in each case case, as may be provided by the terms of any such stockholder rights plan or poison pillplan, as the same may be amended from time to time. If, however, prior to If at the time of conversion, however, the rights have separated from the shares of Common Stock in accordance with the provisions of the applicable stockholder rights agreement plan so that the holders of the Securities Holders would not be entitled to receive any rights in respect of Common Stock, if any, issuable upon conversion of the SecuritiesNotes, the Conversion Rate will shall be adjusted at the time of separation as if the Company has distributed to all holders of Common Stock, shares of Capital Stock of the Company, evidence evidences of indebtedness indebtedness, assets, property, rights or other assets or property having a fair market value of the rights warrants as provided in Section 4.05(c14.04(c), subject to readjustment in the event of the expiration, termination or redemption of such rights.
Appears in 1 contract
Stockholder Rights Plans. To the extent that the Company has a stockholder rights plan or other “poison pill” in effect upon conversion of the SecuritiesNotes, each share of Class A Common Stock, if any, issued upon such conversion shall be entitled to receive the appropriate number of rights, if any, and the certificates representing the Class A Common Stock issued upon such conversion shall bear such legends, if any, in each case as may be provided by the terms of any such stockholder rights plan or poison pill, as the same may be amended from time to time. If, however, prior to If at the time of conversion, however, the rights have separated from the shares of Class A Common Stock in accordance with the provisions of the applicable stockholder rights agreement so that the holders Holders of the Securities Notes would not be entitled to receive any rights in respect of Class A Common Stock, if any, issuable upon conversion of the SecuritiesNotes, the Conversion Rate will be adjusted at the time of separation as if the Company has distributed to all holders of Class A Common Stock, shares of Capital Stock of the Company, evidence of indebtedness or other assets or property having a fair market value of the rights as provided in Section 4.05(c1704(c), subject to readjustment in the event of the expiration, termination or redemption of such rights.
Appears in 1 contract
Samples: First Supplemental Indenture (Sonic Automotive Inc)