Common use of Use of Additional Shares Table Clause in Contracts

Use of Additional Shares Table. If the Stock Price and/or Make-Whole Fundamental Change Effective Date for a Make-Whole Fundamental Change are not set forth in the table above, then: (A) if the Stock Price is between two Stock Prices in the table or the Make-Whole Fundamental Change Effective Date is between two Make-Whole Fundamental Change Effective Dates in the table, the number of Additional Shares by which the Conversion Rate will be increased for the Holder that converts this Note in connection with such Make-Whole Fundamental Change will be determined by a straight-line interpolation between the numbers of Additional Shares set forth for the higher and lower Stock Prices listed in the table and the earlier and later Make-Whole Fundamental Change Effective Dates listed in the table, as applicable, based on a 365- or 366-day year, as applicable; (B) if the Stock Price is greater than $8.00, subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table, no Additional Shares will be added to the Conversion Rate; and (C) if the Stock Price is less than $0.60 per share, subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table, no Additional Shares will be added to the Conversion Rate. Notwithstanding the foregoing, in no event will the Conversion Rate be increased as a result of this Section 8.07 to exceed 1,673.1918 shares of Common Stock per $1,000 principal amount of this Note, subject to adjustment in the same manner, at the same time and for the same events for which the Conversion Rate must be adjusted as set forth in Section 8.05.

Appears in 4 contracts

Samples: Note Purchase Agreement (Xtant Medical Holdings, Inc.), Note Purchase Agreement (Xtant Medical Holdings, Inc.), Note Purchase Agreement (Xtant Medical Holdings, Inc.)

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Use of Additional Shares Table. If the Stock Price and/or Make-Whole Fundamental Change Effective Date for a Make-Whole Fundamental Change are not set forth in the table above, then: (A) if the Stock Price is between two Stock Prices in the table or the Make-Whole Fundamental Change Effective Date is between two Make-Whole Fundamental Change Effective Dates in the table, the number of Additional Shares by which the Conversion Rate will be increased for the Holder that converts this Note in connection with such Make-Whole Fundamental Change will be determined by a straight-line interpolation between the numbers of Additional Shares set forth for the higher and lower Stock Prices listed in the table and the earlier and later Make-Whole Fundamental Change Effective Dates listed in the table, as applicable, based on a 365- or 366-day year, as applicable; (B) if the Stock Price is greater than $8.0024.00, subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table, no Additional Shares will be added to the Conversion Rate; and (C) if the Stock Price is less than $0.60 2.37 per share, subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table, no Additional Shares will be added to the Conversion Rate. Notwithstanding the foregoing, in no event will the Conversion Rate be increased as a result of this Section 8.07 to exceed 1,673.1918 422.3297 shares of Common Stock per $1,000 principal amount of this Note, subject to adjustment in the same manner, at the same time and for the same events for which the Conversion Rate must be adjusted as set forth in Section 8.058.05 hereof.

Appears in 2 contracts

Samples: Note Purchase Agreement (Xtant Medical Holdings, Inc.), Note Purchase Agreement (Xtant Medical Holdings, Inc.)

Use of Additional Shares Table. If the Stock Price and/or The exact Ordinary Share Prices, Make-Whole Fundamental Change Effective Date for a Make-Whole Fundamental Change are Dates or Redemption Notice Dates may not be set forth in the table above, thenin which case: (Ai) if the Stock Ordinary Share Price is between two Stock Ordinary Share Prices in the table or the Make-Whole Fundamental Change Effective Date or Tax Redemption Notice Date is between two Make-Whole Fundamental Change Effective Dates or two Tax Redemption Notice Dates, as applicable, in the table, the number of Additional Shares by which the Conversion Rate will be increased for the Holder that converts this Note in connection with such Make-Whole Fundamental Change will be determined by a straight-line interpolation between the numbers of Additional Shares set forth in the table for the higher and lower Stock Ordinary Share Prices listed in the table and the earlier and later Make-Whole Fundamental Change Effective Dates listed in the tableor Tax Redemption Notice Dates, as applicable, based on a 365- or 366365-day year, as applicable; (Bii) if the Stock Ordinary Share Price is greater than $8.00, 150.00 per Ordinary Share (subject to adjustment in the same manner as the Stock Ordinary Share Prices set forth in the column headings of the table, table above) no Additional Shares will be added to the Conversion Exchange Rate; and (Ciii) if the Stock Ordinary Share Price is less than $0.60 20.84 per share, Ordinary Share (subject to adjustment in the same manner as the Stock Ordinary Share Prices set forth in the column headings of the table, table above) no Additional Shares will be added to the Conversion Exchange Rate. Notwithstanding the foregoing, in no event will the Conversion Rate be Exchange Rate, as increased as a result of pursuant to this Section 8.07 to 7.06 by the number of Additional Shares, exceed 1,673.1918 shares of Common Stock 47.9846 Ordinary Shares per $1,000 principal amount of this NoteNotes, subject to adjustment adjustments in the same manner, at manner as the same time and for the same events for which the Conversion Exchange Rate must is required to be adjusted as set forth in Section 8.057.05 hereof.

Appears in 1 contract

Samples: Indenture (Horizon Pharma PLC)

Use of Additional Shares Table. If the Stock Price and/or Make-Whole Fundamental Change Effective Date for a Make-Whole Fundamental Change are not set forth in the table above, then: (Ai) if the Stock Price is between two Stock Prices in the table or the Make-Whole Fundamental Change Effective Date is between two Make-Whole Fundamental Change Effective Dates in the table, the number of Additional Shares by which the Conversion Rate will be increased for the a Holder that converts this a Note in connection with such Make-Whole Fundamental Change will be determined by a straight-line interpolation between the numbers of Additional Shares set forth for the higher and lower Stock Prices listed in the table and the earlier and later Make-Whole Fundamental Change Effective Dates listed in the table, as applicable, based on a 365- or 366365-day year, as applicable; (Bii) if the Stock Price is greater than $8.0035.00, subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table, no Additional Shares will be added to the Conversion Rate; and (Ciii) if the Stock Price is less than $0.60 6.13 per share, subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table, no Additional Shares will be added to the Conversion Rate. Notwithstanding the foregoing, in no event will the Conversion Rate be increased as a result of this Section 8.07 10.07 to exceed 1,673.1918 163.1321 shares of Common Stock per $1,000 principal amount of this NoteNotes, subject to adjustment in the same manner, at the same time and for the same events for which the Conversion Rate must be adjusted as set forth in Section 8.0510.05 hereof.

Appears in 1 contract

Samples: Indenture (Ultrapetrol Bahamas LTD)

Use of Additional Shares Table. If the Stock Price and/or Make-Whole Fundamental Change Effective Date for a Make-Whole Fundamental Change are not set forth in the table above, then: (Ai) if the Stock Price is between two Stock Prices in the table or the Make-Whole Fundamental Change Effective Date is between two Make-Whole Fundamental Change Effective Dates in the table, the number of Additional Shares by which the Conversion Rate will be increased for the a Holder that converts this a Note in connection with such Make-Whole Fundamental Change will be determined by a straight-line interpolation between the numbers of Additional Shares set forth for the higher and lower Stock Prices listed in the table and the earlier and later Make-Whole Fundamental Change Effective Dates listed in the table, as applicable, based on a 365- or 366-day year, as applicable; (Bii) if the Stock Price is greater than $8.00500.00, subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table, no Additional Shares will be added to the Conversion Rate; and (Ciii) if the Stock Price is less than $0.60 56.00 per share, subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table, no Additional Shares will be added to the Conversion Rate. Notwithstanding the foregoing, in no event will the Conversion Rate be increased as a result of this Section 8.07 10.07 to exceed 1,673.1918 17.8571 shares of Common Stock per $1,000 principal amount of this NoteNotes, subject to adjustment in the same manner, at the same time and for the same events for which the Conversion Rate must be adjusted as set forth in Section 8.0510.05 hereof.

Appears in 1 contract

Samples: First Supplemental Indenture (Par Technology Corp)

Use of Additional Shares Table. If the Stock Price and/or The exact Ordinary Share Price, Make-Whole Fundamental Change Effective Date for a Make-Whole Fundamental Change are or Redemption Notice Date may not be set forth in the table above, thenin which case: (Ai) if the Stock Ordinary Share Price is between two Stock Ordinary Share Prices in the table or the Make-Whole Fundamental Change Effective Date or Redemption Notice Date is between two Make-Whole Fundamental Change Effective Dates or two Redemption Notice Dates, as applicable, in the table, the number of Additional Shares by which the Conversion Rate will be increased for the Holder that converts this Note in connection with such Make-Whole Fundamental Change will be determined by a straight-line interpolation between the numbers of Additional Shares set forth in the table for the higher and lower Stock Ordinary Share Prices listed in the table and the earlier and later Make-Whole Fundamental Change Effective Dates listed in the tableor Redemption Notice Dates, as applicable, based on a 365- or 366365-day year, as applicable; (Bii) if the Stock Ordinary Share Price is greater than $8.00, 775.00 per Ordinary Share (subject to adjustment in the same manner as the Stock Ordinary Share Prices set forth in the column headings of the table, table above) no Additional Shares will be added to the Conversion Exchange Rate; and (Ciii) if the Stock Ordinary Share Price is less than $0.60 135.44 per share, Ordinary Share (subject to adjustment in the same manner as the Stock Ordinary Share Prices set forth in the column headings of the table, table above) no Additional Shares will be added to the Conversion Exchange Rate. Notwithstanding the foregoing, in no event will the Conversion Rate be Exchange Rate, as increased as a result of pursuant to this Section 8.07 to 7.06 by the number of Additional Shares, exceed 1,673.1918 shares of Common Stock 7.3833 Ordinary Shares per $1,000 principal amount of this NoteNotes, subject to adjustment adjustments in the same manner, at manner as the same time and for the same events for which the Conversion Exchange Rate must is required to be adjusted as set forth in Section 8.057.05 hereof.

Appears in 1 contract

Samples: Indenture (Jazz Pharmaceuticals PLC)

Use of Additional Shares Table. If the Stock Price and/or The exact Ordinary Share Price, Make-Whole Fundamental Change Effective Date for a Make-Whole Fundamental Change are or Redemption Notice Date may not be set forth in the table above, thenin which case: (Ai) if the Stock Ordinary Share Price is between two Stock Ordinary Share Prices in the table or the Make-Whole Fundamental Change Effective Date or Redemption Notice Date is between two Make-Whole Fundamental Change Effective Dates or two Redemption Notice Dates, as applicable, in the table, the number of Additional Shares by which the Conversion Rate will be increased for the Holder that converts this Note in connection with such Make-Whole Fundamental Change will be determined by a straight-line interpolation between the numbers of Additional Shares set forth in the table for the higher and lower Stock Ordinary Share Prices listed in the table and the earlier and later Make-Whole Fundamental Change Effective Dates listed in the tableor Redemption Notice Dates, as applicable, based on a 365- or 366365-day year, as applicable; (Bii) if the Stock Ordinary Share Price is greater than $8.00, 1,100.00 per Ordinary Share (subject to adjustment in the same manner as the Stock Ordinary Share Prices set forth in the column headings of the table, table above) no Additional Shares will be added to the Conversion Exchange Rate; and (Ciii) if the Stock Ordinary Share Price is less than $0.60 146.01 per share, Ordinary Share (subject to adjustment in the same manner as the Stock Ordinary Share Prices set forth in the column headings of the table, table above) no Additional Shares will be added to the Conversion Exchange Rate. Notwithstanding the foregoing, in no event will the Conversion Rate be Exchange Rate, as increased as a result of pursuant to this Section 8.07 to 7.06 by the number of Additional Shares, exceed 1,673.1918 shares of Common Stock 6.8488 Ordinary Shares per $1,000 principal amount of this NoteNotes, subject to adjustment adjustments in the same manner, at manner as the same time and for the same events for which the Conversion Exchange Rate must is required to be adjusted as set forth in Section 8.057.05 hereof.

Appears in 1 contract

Samples: Indenture (Jazz Pharmaceuticals PLC)

Use of Additional Shares Table. If the Stock Price and/or The exact Ordinary Share Price, Make-Whole Fundamental Change Effective Date for a Make-Whole Fundamental Change are or Redemption Notice Date may not be set forth in the table above, thenin which case: (Ai) if the Stock Ordinary Share Price is between two Stock Ordinary Share Prices in the table or the Make-Whole Fundamental Change Effective Date or Redemption Notice Date is between two Make-Whole Fundamental Change Effective Dates or two Redemption Notice Dates, as applicable, in the table, the number of Additional Shares by which the Conversion Rate will be increased for the Holder that converts this Note in connection with such Make-Whole Fundamental Change will be determined by a straight-line interpolation between the numbers of Additional Shares set forth in the table for the higher and lower Stock Ordinary Share Prices listed in the table and the earlier and later Make-Whole Fundamental Change Effective Dates listed in the tableor Redemption Notice Dates, as applicable, based on a 365- or 366365-day year, as applicable; (Bii) if the Stock Ordinary Share Price is greater than $8.00, 700.00 per Ordinary Share (subject to adjustment in the same manner as the Stock Ordinary Share Prices set forth in the column headings of the table, table above) no Additional Shares will be added to the Conversion Exchange Rate; and (Ciii) if the Stock Ordinary Share Price is less than $0.60 111.29 per share, Ordinary Share (subject to adjustment in the same manner as the Stock Ordinary Share Prices set forth in the column headings of the table, table above) no Additional Shares will be added to the Conversion Exchange Rate. Notwithstanding the foregoing, in no event will the Conversion Rate be Exchange Rate, as increased as a result of pursuant to this Section 8.07 to 7.06 by the number of Additional Shares, exceed 1,673.1918 shares of Common Stock 8.9855 Ordinary Shares per $1,000 principal amount of this NoteNotes, subject to adjustment adjustments in the same manner, at manner as the same time and for the same events for which the Conversion Exchange Rate must is required to be adjusted as set forth in Section 8.057.05 hereof.

Appears in 1 contract

Samples: Indenture (Jazz Pharmaceuticals PLC)

Use of Additional Shares Table. If the Stock exact ADS Price and/or Make-Whole Fundamental Change Effective Date for a Make-Whole Fundamental Change are not set forth in the table above, then: (Ai) if the Stock ADS Price is between two Stock ADS Prices in the table or the Make-Whole Fundamental Change Effective Date is between two Make-Whole Fundamental Change Effective Dates in the table, the number of Additional Shares by which the Conversion Rate will be increased for the Holder that converts this Note in connection with such Make-Whole Fundamental Change will be determined by a straight-line interpolation between the numbers of Additional Shares set forth in the table for the higher and lower Stock ADS Prices listed in the table and the earlier and later Make-Whole Fundamental Change Effective Dates listed in the tableDates, as applicable, based on a 365- or 366365-day year, as applicable; (Bii) if the Stock ADS Price is greater than $8.0060.00 per ADS, subject to adjustment in the same manner as the Stock ADS Prices set forth in the column headings of the tabletable above, no Additional Shares will be added to the Conversion Exchange Rate; and (Ciii) if the Stock ADS Price is less than $0.60 7.05 per shareADS, subject to adjustment in the same manner as the Stock ADS Prices set forth in the column headings of the tabletable above, no Additional Shares will be added to the Conversion Exchange Rate. Notwithstanding the foregoing, in no event will the Conversion Rate be Exchange Rate, as increased as a result of pursuant to this Section 8.07 to 7.06 by the number of Additional Shares, exceed 1,673.1918 shares of Common Stock 141.8439 ADSs per $1,000 principal amount of this NoteNotes, subject to adjustment adjustments in the same manner, at the same time and for on account of the same events for which the Conversion Exchange Rate must is required to be adjusted as set forth in Section 8.057.05 hereof.

Appears in 1 contract

Samples: Indenture (Amarin Corp Plc\uk)

Use of Additional Shares Table. If the exact Stock Price and/or Make-Whole Fundamental Change Effective Date for a Make-Whole Fundamental Change are not set forth in the table above, then: (Ai) if the Stock Price is between two Stock Prices in the table or the Make-Whole Fundamental Change Effective Date is between two Make-Whole Fundamental Change Effective Dates in the table, the number of Additional Shares by which the Conversion Rate will be increased for the Holder a Lender that converts this Note a Loan in connection with such Make-Whole Fundamental Change will be determined by a straight-line interpolation between the numbers of Additional Shares set forth for the higher and lower Stock Prices listed in the table and the earlier and later Make-Whole Fundamental Change Effective Dates listed in the table, as applicable, based on a 365- or 366-day year, as applicable; (Bii) if the Stock Price is greater than $8.00, subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table, no Additional Shares will be added to the Conversion Rate; and (C) if the Stock Price is less than $0.60 40.00 per share, subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the tabletable pursuant to subsection (c) above, no Additional Shares will be added to the Conversion Rate; and (iii) if the Stock Price is less than $5.75 per share, subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table pursuant to subsection (c) above, no Additional Shares will be added to the Conversion Rate. Notwithstanding the foregoing, in no event will the Conversion Rate be increased as a result of this Section 8.07 2.11 to exceed 1,673.1918 1.7391 shares of Common Stock per $1,000 principal amount of this NoteLoans, subject to adjustment in the same manner, at the same time and for the same events for which the Conversion Rate must be adjusted as set forth in Section 8.052.9 hereof.

Appears in 1 contract

Samples: Senior Subordinated Convertible Loan Agreement (Melinta Therapeutics, Inc. /New/)

Use of Additional Shares Table. If the exact Stock Price and/or Make-Whole Fundamental Change Effective Date for a Make-Whole Fundamental Change are not set forth in the table above, then: (Ai) if the Stock Price is between two Stock Prices in the table or the Make-Whole Fundamental Change Effective Date is between two Make-Whole Fundamental Change Effective Dates in the table, the number of Additional Shares by which the Conversion Rate will be increased for the a Holder that converts this a Note in connection with such Make-Whole Fundamental Change will be determined by a straight-line interpolation between the numbers of Additional Shares set forth for the higher and lower Stock Prices listed in the table and the earlier and later Make-Whole Fundamental Change Effective Dates listed in the table, as applicable, based on a 365- or 366-day year, as applicable; (Bii) if the Stock Price is greater than $8.0030.00, subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table, no Additional Shares will be added to the Conversion Rate; and (Ciii) if the Stock Price is less than $0.60 6.83 per share, subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table, no Additional Shares will be added to the Conversion Rate. Notwithstanding the foregoing, in no event will the Conversion Rate be increased as a result of this Section 8.07 ‎Section 10.07 to exceed 1,673.1918 146.4128 shares of Common Stock per $1,000 principal amount of this NoteNotes, subject to adjustment in the same manner, at the same time and for the same events for which the Conversion Rate must be adjusted as set forth in Section 8.05‎Section 10.05 hereof.

Appears in 1 contract

Samples: Indenture (GAIN Capital Holdings, Inc.)

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Use of Additional Shares Table. If the Stock Price and/or Make-Whole Fundamental Change Effective Date for a Make-Whole Fundamental Change are not set forth in the table above, then: (A1) if the Stock Price is between two Stock Prices in the table or the Make-Whole Fundamental Change Effective Date is between two Make-Whole Fundamental Change Effective Dates in the table, the number of Additional Shares by which the Conversion Rate will be increased for the a Holder that converts this a Note in connection with such Make-Whole Fundamental Change will be determined by a straight-line interpolation between the numbers number of Additional Shares set forth for the higher and lower Stock Prices listed in the table and the earlier and later Make-Whole Fundamental Change Effective Dates listed in the table, as applicable, based on a 365- or 366365-day year, as applicable; (B2) if the Stock Price is greater than $8.0056.00, subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table, no Additional Shares will be added to the Conversion Rate; and (C3) if the Stock Price is less than $0.60 per share21.73, subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table, no Additional Shares will be added to the Conversion Rate. Notwithstanding the foregoing, in no event will the Conversion Rate be increased as a result of this Section 8.07 9.07 to exceed 1,673.1918 46.0193 shares of Common Stock per $1,000 principal amount of this NoteNotes, subject to adjustment in the same manner, at the same time and for the same events for which the Conversion Rate must be adjusted as set forth in Section 8.059.05 hereof.

Appears in 1 contract

Samples: Second Supplemental Indenture (Vector Group LTD)

Use of Additional Shares Table. If the Stock Price and/or Make-Whole Fundamental Change Effective Date for a Make-Whole Fundamental Change are not set forth in the table above, then: (A1) if the Stock Price is between two Stock Prices in the table or the Make-Whole Fundamental Change Effective Date is between two Make-Whole Fundamental Change Effective Dates in the table, the number of Additional Shares by which the Conversion Rate will be increased for the a Holder that converts this a Note in connection with such Make-Whole Fundamental Change will be determined by a straight-line interpolation between the numbers of Additional Shares set forth for the higher and lower Stock Prices listed in the table and the earlier and the later Make-Whole Fundamental Change Effective Dates listed in the table, as applicable, based on a 365- or 366-day year, as applicable; (B2) if the Stock Price is greater than $8.00, 75.00 per share (subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table), no Additional Shares will be added to the Conversion Rate; and (C3) if the Stock Price is less than $0.60 8.36 per share, share (subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table), no Additional Shares will be added to the Conversion Rate. Notwithstanding the foregoing, in no event will the Conversion Rate be increased as a result of this Section 8.07 10.07 to exceed 1,673.1918 shares of Common Stock per $1,000 principal amount of this Note, subject to adjustment in the same manner, at the same time and for the same events for which the Conversion Rate must be adjusted as set forth in Section 8.05Cap.

Appears in 1 contract

Samples: Indenture (Layne Christensen Co)

Use of Additional Shares Table. If the Stock Price and/or Make-Whole Fundamental Change Effective Date for a Make-Whole Fundamental Change are not set forth in the table above, then: (A1) if the Stock Price is between two Stock Prices in the table or the Make-Whole Fundamental Change Effective Date is between two Make-Whole Fundamental Change Effective Dates in the table, the number of Additional Shares by which the Conversion Rate will be increased for the a Holder that converts this a Note in connection with such Make-Whole Fundamental Change will be determined by a straight-line interpolation between the numbers number of Additional Shares set forth for the higher and lower Stock Prices listed in the table and the earlier and later Make-Whole Fundamental Change Effective Dates listed in the table, as applicable, based on a 365- or 366365-day year, as applicable; (B2) if the Stock Price is greater than $8.0010.00, subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table, no Additional Shares will be added to the Conversion Rate; and (C3) if the Stock Price is less than $0.60 per share1.89, subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table, no Additional Shares will be added to the Conversion Rate. Notwithstanding the foregoing, in no event will the Conversion Rate be increased as a result of this Section 8.07 11.04 to exceed 1,673.1918 529.1005 shares of Common Stock per $1,000 principal amount of this NoteNotes, subject to adjustment in the same manner, at the same time and for the same events for which the Conversion Rate must be adjusted as set forth in Section 8.0511.04 hereof.

Appears in 1 contract

Samples: Indenture (ZaZa Energy Corp)

Use of Additional Shares Table. If the Stock Price and/or Make-Whole Fundamental Change Effective Date for a Make-Whole Fundamental Change are not set forth in the table above, then: (Ai) if the Stock Price is between two Stock Prices in the table or the Make-Whole Fundamental Change Effective Date is between two Make-Whole Fundamental Change Effective Dates in the table, the number of Additional Shares by which the Conversion Rate will be increased for the a Holder that converts this a Note in connection with such Make-Whole Fundamental Change will be determined by a straight-line interpolation between the numbers of Additional Shares set forth for the higher and lower Stock Prices listed in the table and the earlier and later Make-Whole Fundamental Change Effective Dates listed in the table, as applicable, based on a 365- or 366-day year, as applicable; (Bii) if the Stock Price is greater than $8.00100.00, subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table, no Additional Shares will be added to the Conversion Rate; and (Ciii) if the Stock Price is less than $0.60 21.55 per share, subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table, no Additional Shares will be added to the Conversion Rate. Notwithstanding the foregoing, in no event will the Conversion Rate be increased as a result of this Section 8.07 10.07 to exceed 1,673.1918 46.4037 shares of Common Stock per $1,000 principal amount of this NoteNotes, subject to adjustment in the same manner, at the same time and for the same events for which the Conversion Rate must be adjusted as set forth in Section 8.0510.05 hereof.

Appears in 1 contract

Samples: Indenture (Par Technology Corp)

Use of Additional Shares Table. If the exact Stock Price and/or Make-Whole Fundamental Change Effective Date for a Make-Whole Fundamental Change are not set forth in the table above, then: (Ai) if the Stock Price is between two Stock Prices in the table or the Make-Whole Fundamental Change Effective Date is between two Make-Whole Fundamental Change Effective Dates in the table, the number of Additional Shares by which the Conversion Rate will be increased for the Holder a Lender that converts this Note a Loan in connection with such Make-Whole Fundamental Change will be determined by a straight-line interpolation between the numbers of Additional Shares set forth for the higher and lower Stock Prices listed in the table and the earlier and later Make-Whole Fundamental Change Effective Dates listed in the table, as applicable, based on a 365- or 366-day year, as applicable; (Bii) if the Stock Price is greater than $8.00, subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table, no Additional Shares will be added to the Conversion Rate; and (C) if the Stock Price is less than $0.60 8.00 per share, subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the tabletable pursuant to subsection (c) above, no Additional Shares will be added to the Conversion Rate; and (iii) if the Stock Price is less than $1.15 per share, subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table pursuant to subsection (c) above, no Additional Shares will be added to the Conversion Rate. Notwithstanding the foregoing, in no event will the Conversion Rate be increased as a result of this Section 8.07 2.11 to exceed 1,673.1918 8.6956 shares of Common Stock per $1,000 principal amount of this NoteLoans, subject to adjustment in the same manner, at the same time and for the same events for which the Conversion Rate must be adjusted as set forth in Section 8.052.9 hereof.

Appears in 1 contract

Samples: Senior Subordinated Convertible Loan Agreement (Melinta Therapeutics, Inc. /New/)

Use of Additional Shares Table. If the Stock Price and/or Make-Whole Fundamental Change Effective Date for a Make-Whole Fundamental Change are not set forth in the table above, then: (Ai) if the Stock Price is between two Stock Prices in the table or the Make-Whole Fundamental Change Effective Date is between two Make-Whole Fundamental Change Effective Dates in the table, the number of Additional Shares by which the Conversion Rate will be increased for the a Holder that converts this a Note in connection with such Make-Whole Fundamental Change will be determined by a straight-line interpolation between the numbers of Additional Shares set forth for the higher and lower Stock Prices listed in the table and the earlier and later Make-Whole Fundamental Change Effective Dates listed in the table, as applicable, based on a 365- or 366-day year, as applicable; (Bii) if the Stock Price is greater than $8.00150.00, subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table, no Additional Shares will be added to the Conversion Rate; and (Ciii) if the Stock Price is less than $0.60 32.43 per share, subject to adjustment in the same manner as the Stock Prices set forth in the column headings of the table, no Additional Shares will be added to the Conversion Rate. Notwithstanding the foregoing, in no event will the Conversion Rate be increased as a result of this Section 8.07 10.07 to exceed 1,673.1918 30.8356 shares of Common Stock per $1,000 principal amount of this NoteNotes, subject to adjustment in the same manner, at the same time and for the same events for which the Conversion Rate must be adjusted as set forth in Section 8.0510.05 hereof.

Appears in 1 contract

Samples: Indenture (Par Technology Corp)

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