Voluntary Increase. The Company from time to time may increase the Conversion Rate by any amount for any period of time if the period is at least 20 days and if the increase is irrevocable during the period if the Board of Directors determines that such increase would be in the best interest of the Company or to avoid or diminish income tax to holders of shares of our Common Stock in connection with a dividend or distribution of stock or similar event, and the Company provides 15 days prior notice of any increase in the Conversion Rate; provided, however, that in no event may the Company increase the Conversion Rate so that the adjusted Conversion Price would be less than the par value of a share of Common Stock. Any such change in the Conversion Rate shall also be made to the Conversion Price.
Appears in 3 contracts
Samples: Indenture (Invision Technologies Inc), Indenture (Bell Microproducts Inc), Indenture (Bell Microproducts Inc)
Voluntary Increase. The Company from time to time may increase the Conversion Rate by any amount for any period of time if the period is at least 20 days and if the increase is irrevocable during the period if the our Board of Directors determines that such increase would be in the best interest of the Company or to avoid or diminish income tax to holders of shares of our Common Stock in connection with a dividend or distribution of stock or similar event, and the Company provides 15 days prior notice of any increase in the Conversion Rate; provided, however, that in no event may the Company increase the Conversion Rate so that the adjusted Conversion Price would to be less than the par value of a share of Common Stock. Any such change in the Conversion Rate shall also be made to the Conversion Price.
Appears in 2 contracts
Samples: Indenture (Americredit Financial Services of Canada LTD), Indenture (Americredit Corp)
Voluntary Increase. The Company from time to time may increase the Conversion Rate by any amount for any period of time if the period is at least 20 days and if days, the increase is irrevocable during the period if and the Board of Directors determines that such increase would be in the best interest interests of the Company or to avoid or diminish income tax to holders of shares of our Common Stock in connection with a dividend or distribution of stock or similar event, and the Company provides 15 days days' prior written notice of any increase in the Conversion Rate; provided, however, that in no event may the Company increase the Conversion Rate so that the adjusted Conversion Price would be less than the par value of a share of Common Stock. Any such change in the Conversion Rate shall also be made to the Conversion Price.
Appears in 1 contract
Samples: Indenture (Mgi Pharma Inc)
Voluntary Increase. The Company from time to time may increase the Conversion Rate by any amount for any period of time if the period is at least 20 days and if the increase is irrevocable during the period if the Board of Directors determines that such increase would be in the best interest of the Company or to avoid or diminish income tax to holders of shares of our Common Stock in connection with a dividend or distribution of stock or similar event, and the Company provides 15 days prior notice of any increase in the Conversion Rate; provided, however, provided that in no event may the Company increase the Conversion Rate so such that the adjusted Conversion Price a share of Common Stock would be issuable upon conversion of the Securities at less than the par value of a share of Common Stock. Any such change in the Conversion Rate shall also be made to the Conversion Price.
Appears in 1 contract
Samples: Indenture (Quanex Corp)