Taxes on Conversions. Except as provided in the next sentence, the Company will pay any and all taxes (other than taxes on income) and duties that may be payable in respect of the issue or delivery of shares of Common Stock on conversion of Securities pursuant hereto. A Holder delivering a Security for conversion shall be liable for and will be required to pay any tax or duty which may be payable in respect of any transfer involved in the issue and delivery of shares of Common Stock in a name other than that of the Holder of the Security or Securities to be converted, and no such issue or delivery shall be made unless the Person requesting such issue has paid to the Company the amount of any such tax or duty, or has established to the satisfaction of the Company that such tax or duty has been paid.
Appears in 17 contracts
Samples: Indenture (Cv Therapeutics Inc), Indenture (Nektar Therapeutics), Indenture (Equinix Inc)
Taxes on Conversions. Except as provided in the next sentence, the Company will pay any and all taxes (other than taxes on income) and duties that may be payable in respect of the issue or delivery of shares of Common Stock on conversion of Securities Notes pursuant hereto. A Holder delivering a Security Note for conversion shall be liable for and will be required to pay any tax or duty which may be payable in respect of any transfer involved in the issue and delivery of shares of Common Stock in a name other than that of the Holder of the Security Note or Securities Notes to be converted, and no such issue or delivery shall be made unless the Person requesting such issue has paid to the Company the amount of any such tax or duty, or has established to the satisfaction of the Company that such tax or duty has been paid.
Appears in 14 contracts
Samples: Indenture (Ciphergen Biosystems Inc), Indenture (McMoran Exploration Co /De/), Exchange and Redemption Agreement (Ciphergen Biosystems Inc)
Taxes on Conversions. Except as provided in the next sentence, the Company will pay any and all taxes (other than taxes on income) and duties that may be payable in respect of the issue or delivery of shares of Common Stock on conversion of Securities pursuant hereto. A Holder delivering a Security for conversion The Company shall be liable for and will not, however, be required to pay any tax or duty which that may be payable in respect of (i) income of the Holder, or (ii) any transfer involved in the issue and delivery of shares of Common Stock in a name other than that of the Holder of the Security or Securities to be converted, and no such issue or delivery shall be made unless and until the Person requesting such issue has paid to the Company the amount of any such tax or duty, or has established to the satisfaction of the Company that such tax or duty has been paid.
Appears in 13 contracts
Samples: Indenture (Solectron Corp), Indenture (Hewitt Associates Inc), Indenture (Realnetworks Inc)
Taxes on Conversions. Except as provided in the next sentence, the Company will pay any and all taxes (other than taxes on income) and duties that may be payable in respect of the issue or delivery of shares of Common Stock on conversion of Securities Notes pursuant hereto. A Holder delivering a Security for conversion shall be liable for and The Company will not, however, be required to pay any tax or duty which that may be payable in respect of (i) income of the Holder, or (ii) any transfer involved in the issue and delivery of shares of Common Stock in a name other than that of the Holder of the Security Note or Securities Notes to be converted, and no such issue or delivery shall be made unless and until the Person requesting such issue has paid to the Company the amount of any such tax or duty, or has established to the satisfaction of the Company that such tax or duty has been paid.
Appears in 6 contracts
Samples: Indenture (A. M. Castle & Co.), Indenture (Total Plastics, Inc.), Indenture (Castle a M & Co)
Taxes on Conversions. Except as provided in the next sentence, the Company will pay any and all transfer, stamp, documentary and other similar taxes (other than taxes on income) and duties that may be payable in respect of the issue or delivery of shares of Common Stock on conversion of Securities pursuant hereto. A Holder delivering a Security for conversion shall be liable for and will be required to pay any tax or duty which may be payable in respect of any transfer involved in the issue and delivery of shares of Common Stock in a name other than that of the Holder of the Security or Securities to be converted, and no such issue or delivery shall be made unless and until the Person requesting such issue has paid to the Company the amount of any such tax or duty, duty or has established to the satisfaction of the Company that such tax or duty has been paid.
Appears in 5 contracts
Samples: Indenture (Genesco Inc), Indenture (Aspen Technology Inc /De/), Indenture (Apria Healthcare Group Inc)
Taxes on Conversions. Except as provided in the next sentence, the Company will pay any and all taxes (other than taxes on income) and duties that may be payable in respect of the issue or delivery of shares of Common Stock on conversion of Securities pursuant hereto. A Holder delivering a Security for conversion The Company shall be liable for and will not, however, be required to pay any tax or duty which that may be payable in respect of (i) income of the Holder (including cash received in lieu of fractional shares of Common Stock), or (ii) any transfer involved in the issue and delivery of shares of Common Stock in a name other than that of the Holder of the Security or Securities to be converted, and no such issue or delivery shall be made unless and until the Person requesting such issue has paid to the Company the amount of any such tax or duty, or has established to the satisfaction of the Company that such tax or duty has been paid.
Appears in 4 contracts
Samples: Indenture (Epix Medical Inc), Indenture (Solectron Corp), Indenture (Mercury Computer Systems Inc)
Taxes on Conversions. Except as provided in the next sentence, the Company will pay any all stamp taxes and all taxes (other than taxes on income) and duties that may be payable in respect of the issue or delivery of shares of Common Stock on conversion of Securities pursuant hereto. A Holder delivering a Security for conversion The Company shall be liable for and will not, however, be required to pay any tax or duty which that may be payable in respect of (i) income of the Holder, or (ii) any transfer involved in the issue and delivery of shares of Common Stock in a name other than that of the Holder of the Security or Securities to be converted, and no such issue or delivery shall be made unless and until the Person requesting such issue has paid to the Company the amount of any such tax or duty, or has established to the satisfaction of the Company that such tax or duty has been paid.
Appears in 4 contracts
Samples: Indenture (Anadigics Inc), Indenture (Medarex Inc), Indenture (Teradyne Inc)
Taxes on Conversions. Except as provided in the next sentence, the Company will pay any and all taxes (other than taxes on income) and duties that may be payable in respect of the issue or delivery of shares of Common Stock on conversion of Securities pursuant hereto. A Holder delivering a Security for conversion The Company shall be liable for and will not, however, be required to pay any tax or duty which may be payable in respect of (i) income of the Holder or (ii) any transfer involved in the issue and delivery of shares of Common Stock in a name other than that of the Holder of the Security or Securities to be converted, and no such issue or delivery shall be made unless and until the Person requesting such issue has paid to the Company the amount of any such tax or duty, or has established to the satisfaction of the Company that such tax or duty has been paid.
Appears in 4 contracts
Samples: Indenture (Medarex Inc), Indenture (I2 Technologies Inc), Indenture (Medarex Inc)
Taxes on Conversions. Except as provided in the next sentence, the Company will pay any and all transfer, stamp, documentary and other similar taxes (other than taxes on income) and duties that may be payable in respect of the issue or delivery of shares of Common Stock on conversion of Securities pursuant hereto. A Holder delivering a Security for conversion shall be liable for and will be required to pay any tax or duty which may be payable in respect of any transfer involved in the issue and delivery of shares of Common Stock in a name other than that of the Holder of the Security or Securities to be converted, and no such issue or delivery shall be made unless and until the Person requesting such issue has paid to the Company the amount of any such tax or duty, duty or has established to the satisfaction of the Company that such tax or duty has been paid.
Appears in 2 contracts
Samples: Convertible Subordinated Notes Agreement (Rite Aid Corp), Convertible Subordinated Notes Agreement (America Online Inc)
Taxes on Conversions. Except as provided in the next sentence, the Company will pay any and all taxes (other than taxes on income) and duties that may be payable in respect of the issue or delivery of shares of Common Stock on conversion of Securities pursuant hereto. A Holder delivering a Security for conversion shall be liable for and will be required to pay any tax or duty which may be payable in respect of any transfer involved in the issue and delivery of shares of Common Stock in a name other than that of the Holder of the Security or Securities to be converted, and no such issue or delivery shall be made unless and until the Person requesting such issue has paid to the Company the amount of any such tax or duty, or has established to the satisfaction of the Company that such tax or duty has been paid.
Appears in 2 contracts
Samples: Indenture (Comverse Technology Inc/Ny/), Indenture (Comverse Technology Inc/Ny/)
Taxes on Conversions. Except as provided in the next sentence, the Company will pay any and all taxes and duties (other than taxes on incomeincome taxes) and duties that may be payable in respect of the issue or delivery of shares of Common Stock on conversion of Securities pursuant hereto. A Holder delivering a Security for conversion The Company shall be liable for and will not, however, be required to pay any tax or duty which that may be payable in respect of any transfer involved in the issue and delivery of shares of Common Stock in a name other than that of the Holder of the Security or Securities to be converted, and no such issue or delivery shall be made unless and until the Person requesting such issue has paid to the Company the amount of any such tax or duty, or has established to the satisfaction of the Company that such tax or duty has been paid.
Appears in 2 contracts
Samples: Indenture (Ciena Corp), Indenture (Ciena Corp)
Taxes on Conversions. Except as provided in the next sentence, the Company will pay any and all taxes (other than taxes on income) and duties that may be payable in respect of the issue or delivery of shares of Common Stock on conversion of Securities pursuant heretoto Article 11. A Holder delivering a Security for conversion shall be liable for and will be required to pay any tax or duty which may be payable in respect of any transfer involved in the issue and delivery of shares of Common Stock in a name other than that of the Holder of the such Security or Securities to be converted, and no such issue or delivery shall be made unless the Person requesting such issue has paid to the Company the amount of any such tax or duty, or has established to the satisfaction of the Company that such tax or duty has been paid.
Appears in 2 contracts
Samples: Indenture (America West Holdings Corp), Supplemental Indenture (Us Airways Group Inc)
Taxes on Conversions. Except as provided in the next sentence, the Company will pay any and all taxes (other than taxes on income) and duties that may be payable in respect of the issue or delivery of shares of Common Stock on conversion of Securities pursuant heretoto Article 12. A Holder delivering a Security for conversion shall be liable for and will be required to pay any tax or duty which may be payable in respect of any transfer involved in the issue and delivery of shares of Common Stock in a name other than that of the Holder of the Security or Securities to be converted, and no such issue or delivery shall be made unless the Person requesting such issue has paid to the Company the amount of any such tax or duty, or has established to the satisfaction of the Company that such tax or duty has been paid.
Appears in 2 contracts
Samples: Indenture (Networks Associates Inc/), Indenture (Alloy Inc)
Taxes on Conversions. Except as provided in the next sentence, the Company will pay any and all taxes (other than taxes on income) and duties that may be payable in respect of the issue or delivery of shares of Common Stock on conversion of Securities pursuant hereto. A Holder delivering a Security for conversion The Company shall be liable for and will not, however, be required to pay any tax or duty which that may be payable in respect of (i) income of the Holder, (ii) cash received by the Holder in lieu of fractional shares or (iii) any transfer involved in the issue and delivery of shares of Common Stock in a name other than that of the Holder of the Security or Securities to be converted, and no such issue or delivery shall be made unless and until the Person requesting such issue has paid to the Company the amount of any such tax or duty, or has established to the satisfaction of the Company that such tax or duty has been paid.
Appears in 1 contract
Samples: Indenture (United Rentals Inc /De)
Taxes on Conversions. Except as provided in the next sentence, the Company will shall pay any and all transfer, stamp, documentary and other similar taxes (other than taxes on income) and duties that may be payable in respect of the issue or delivery of shares of Common Stock on conversion of Securities of any series pursuant hereto. A Holder delivering a Security for conversion shall be liable for and will be required to pay any tax or duty which may be payable in respect of any transfer involved in the issue and delivery of shares of Common Stock in a name other than that of the Holder of the Security or Securities to be converted, and no such issue or delivery shall be made unless and until the Person requesting such issue has paid to the Company the amount of any such tax or duty, duty or has established to the satisfaction of the Company that such tax or duty has been paid.
Appears in 1 contract
Samples: Indenture (King Pharmaceuticals Inc)
Taxes on Conversions. Except as provided in the next sentence, the Company will pay any and all taxes (other than taxes on income) and duties that may be payable in respect of the issue or delivery of shares of Common Stock on conversion of Securities pursuant hereto. A Holder delivering a Security for conversion The Company shall be liable for and will not however, be required to pay any tax or duty which may be payable in respect of (i) income of the Holder or (ii) any transfer involved in the issue and delivery of shares of Common Stock in a name other than that of the Holder of the Security or Securities to be converted, and no such issue or delivery shall be made unless and until the Person requesting such issue has paid to the Company the amount of any such tax or duty, or has established to the satisfaction of the Company that such tax or duty has been paid. SECTION 1309.
Appears in 1 contract
Taxes on Conversions. Except as provided in the next sentence, the Company Holdings will pay any and all documentary, stamp and other similar issue or transfer taxes (other than taxes on income) and duties that may be payable in respect of the issue or delivery of shares of Common Stock on conversion of Securities Loans pursuant hereto. A Holder delivering a Security for conversion shall be liable for and Holdings will not, however, be required to pay any tax or duty which that may be payable in respect of (a) income of a Lender, or (b) any transfer involved in the issue and delivery of shares of Common Stock in a name other than that of the Holder Lender seeking conversion of the Security or Securities to be convertedLoans, and no such issue or delivery shall be made unless and until the Person requesting such issue has paid to the Company Holdings the amount of any such tax or duty, or has established to the satisfaction of the Company Holdings that such tax or duty has been paid.
Appears in 1 contract
Samples: Loan and Security Agreement (Microvast Holdings, Inc.)
Taxes on Conversions. Except as provided in the next sentence, the Company will pay any and all taxes (other than taxes on income) and duties that may be payable in respect of the issue or delivery of shares of Common Stock Ordinary Shares on conversion of Securities pursuant hereto. A Holder delivering a Security for conversion shall be liable for and will be required to pay any tax or duty which may be payable in respect of any transfer involved in the issue and delivery of shares of Common Stock Ordinary Shares in a name other than that of the Holder of the Security or Securities to be converted, and no such issue or delivery shall be made unless the Person requesting such issue has paid to the Company the amount of any such tax or duty, or has established to the satisfaction of the Company that such tax or duty has been paid.
Appears in 1 contract
Samples: Senior Indenture (M-Systems Flash Disk Pioneers LTD)
Taxes on Conversions. Except as provided in the next sentence, the Company will pay any and all transfer taxes (other than taxes on income) and duties that may be payable in respect of the issue or delivery of shares of Common Stock on conversion of Securities pursuant hereto. A Holder delivering a Security for conversion shall be liable for and will be required to pay any tax or duty which may be payable in respect of any transfer involved in the issue and delivery of shares of Common Stock in a name other than that of the Holder of the Security or Securities to be converted, and no such issue or delivery shall be made unless the Person requesting such issue has paid to the Company the amount of any such tax or duty, or has established to the satisfaction of the Company that such tax or duty has been paid.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Electro Energy Inc)
Taxes on Conversions. Except as provided in the next sentence, the Company will shall pay any and all documentary, stamp or similar issue or transfer taxes (other than taxes on income) and duties that may be payable in respect of the issue or delivery of shares of Common Stock on conversion of Securities Notes pursuant hereto. A Holder delivering a Security for conversion The Company shall be liable for and will not, however, be required to pay any tax or duty which that may be payable (i) in respect of income of the Holder, or (ii) because the Holder requests any transfer involved in the issue shares to be issued and delivery of shares of Common Stock delivered in a name other than that of the Holder of the Security or Securities to be convertedHolder’s name, and no such issue or delivery shall be made unless and until the Person requesting such issue has paid to the Company the amount of any such tax or duty, or has established to the satisfaction of the Company that such tax or duty has been paid. Nothing herein shall preclude any tax withholding required by law or regulations.
Appears in 1 contract
Taxes on Conversions. Except as provided in the next sentence, the Company will pay any and all taxes (other than taxes on income) and duties that may be payable in respect of the issue or delivery of shares of Common Stock on conversion of Securities pursuant hereto. A Holder delivering a Security for conversion The Company shall be liable for and will not, however, be required to pay any tax or duty which may be payable in respect of (i) income of the holder or (ii) any transfer involved in the issue and delivery of shares of Common Stock in a name other than that of the Holder of the Security or Securities to be converted, and no such issue or delivery shall be made unless and until the Person requesting such issue has paid to the Company the amount of any such tax or duty, or has established to the satisfaction of the Company that such tax or duty has been paid.
Appears in 1 contract
Samples: Indenture (Southern Mineral Corp)
Taxes on Conversions. Except as provided in the next sentence, the Company will pay any and all taxes (other than taxes on income) and duties that may be payable in respect of the issue or delivery of shares of Common Stock ADRs on conversion of Securities pursuant hereto. A Holder delivering a Security for conversion shall be liable for and will be required to pay any tax or duty which may be payable in respect of any transfer involved in the issue and delivery of shares of Common Stock ADRs in a name other than that of the Holder of the Security or Securities to be converted, and no such issue or delivery shall be made unless the Person requesting such issue has paid to the Company the amount of any such tax or duty, or has established to the satisfaction of the Company that such tax or duty has been paid.
Appears in 1 contract
Taxes on Conversions. Except as provided in the next sentence, the Company will pay any and all taxes (other than taxes on income) and duties that may be payable in respect of the issue or delivery of shares of Common Stock on conversion of Securities pursuant hereto. A Holder delivering a Security for conversion The Company shall be liable for and will not, however, be required to pay any tax or duty which that may be payable in respect of (i) income of any Holder or (ii) any transfer involved in the issue and delivery of certificates for shares of Common Stock in a name other than that of the Holder of the Security or Securities to be converted, and no such issue or delivery shall be made unless and until the Person requesting such issue or delivery has paid to the Company the amount of any such tax or duty, or has established to the satisfaction of the Company that such tax or duty has been paid.
Appears in 1 contract
Samples: Indenture (Atmi Inc)