Cash Acquisition Conversion Rate means the conversion rate set forth in the table below for the applicable Effective Date and the applicable Stock Price applicable to Cash Acquisition Conversions during the Cash Acquisition Conversion Period: If the Stock Price falls between two Stock Prices set forth in the table above, or if the Effective Date falls between two Effective Dates set forth in the table above, the Cash Acquisition Conversion Rate shall be determined by straight-line interpolation between the Cash Acquisition Conversion Rates set forth for the higher and lower Stock Prices and Effective Dates, as applicable, based on a 365-day year.If the Stock Price is in excess of $30.00 per share (subject to adjustment), then the Cash Acquisition Conversion Rate shall be the Minimum Conversion Rate. If the Stock Price is less than $2.00 per share (subject to adjustment), then the Cash Acquisition Conversion Rate shall be the Maximum Conversion Rate.2The Stock Prices in the column headings in the table above are subject to adjustment in accordance with the provisions of Section 15(c)(iii). The conversion rates set forth in the table above are each subject to adjustment in the same manner as each Fixed Conversion Rate as set forth in Section 15.
Cash Acquisition Conversion Rate means the Conversion Rate set forth in the table below for the applicable effective date of the Cash Acquisition and the applicable Cash Acquisition Stock Price on such effective date (as such Cash Acquisition Stock Prices are adjusted pursuant to Section 14 hereof):
Cash Acquisition Conversion Rate means the conversion rate set forth in the table below for the Effective Date and the Stock Price applicable to Cash Acquisition Conversions during a Cash Acquisition Conversion Period:
Examples of Cash Acquisition Conversion Rate in a sentence
For the avoidance of doubt, Holders who do not submit their instruction form for conversion during the Cash Acquisition Conversion Period shall not be entitled to convert their shares of Series B Preferred Stock at the Cash Acquisition Conversion Rate or to receive the Cash Acquisition Dividend Make-whole Amount.
For the avoidance of doubt, Preferred A Shareholders who do not submit their instruction form for conversion during the Cash Acquisition Conversion Period shall not be entitled to convert their Preferred A Shares at the Cash Acquisition Conversion Rate or to receive the Cash Acquisition Dividend Make-whole Amount.
More Definitions of Cash Acquisition Conversion Rate
Cash Acquisition Conversion Rate means the Conversion Rate set forth in the table below for the applicable effective date of the Cash Acquisition and the applicable Cash Acquisition Stock Price (as Cash Acquisition Stock Prices in the column headings for the table below are adjusted pursuant to Section 14 hereof): If the Cash Acquisition Stock Price is in excess of $100.00 per share (as such amount is adjusted from time to time), then the Cash Acquisition Conversion Rate shall be the Minimum Conversion Rate. If the Cash Acquisition Stock Price is less than $14.00 per share (as such amount is adjusted from time to time), then the Cash Acquisition Conversion Rate shall be the Maximum Conversion Rate (as such amount is adjusted from time to time). If the effective date falls between the dates set forth under the heading “Effective Date” in the table above, or if the Cash Acquisition Stock Price falls between two amounts set forth in the table above, the Cash Acquisition Conversion Rate shall be determined by straight-line interpolation between the Cash Acquisition Conversion Rates set forth for the next higher and lower Cash Acquisition Stock Prices and/or effective dates, as applicable, based on a 365-day year.
Cash Acquisition Conversion Rate means the conversion rate set forth in the table below for the applicable Effective Date of a Cash Acquisition (or the date of an Optional Tax Conversion pursuant to Section 2.10 hereof) and the applicable ADS Price (as the ADS Prices indicated in the column headings may be adjusted pursuant to Section 2.8 hereof), except that (i) if the ADS Price is in excess of $50.00 (as such amount is adjusted from time to time pursuant to Section 2.8), then the Cash Acquisition Conversion Rate shall be the Minimum Conversion Rate, (ii) if the ADS Price is less than $10.00 (as such amount is adjusted from time to time pursuant to Section 2.8), then the Cash Acquisition Conversion Rate shall be the Maximum Conversion Rate, and (ii) the Cash Acquisition Conversion Rate is subject to adjustment in accordance with the provisions of Section 2.8 hereof. Effective Common ADS Price on Effective Date Date $10.00 $12.00 $14.00 $15.88 $17.00 $18.66 $20.00 $22.00 $24.00 $26.00 $28.00 $30.00 $35.00 $40.00 $45.00 $50.00 7/13/2009 2.7326 2.6713 2.6311 2.6073 2.5978 2.5888 2.5847 2.5825 2.5835 2.5864 2.5907 2.5956 2.6088 2.6213 2.6321 2.6412 6/15/2010 2.8071 2.7345 2.6833 2.6511 2.6378 2.6240 2.6171 2.6119 2.6108 2.6125 2.6158 2.6199 2.6317 2.6427 2.6518 2.6590 6/15/2011 2.9461 2.8569 2.7831 2.7314 2.7084 2.6834 2.6698 2.6576 2.6522 2.6510 2.6523 2.6550 2.6630 2.6698 2.6746 2.6776 6/15/2012 3.1486 3.1486 3.1486 3.1486 2.9412 2.6797 2.6797 2.6797 2.6797 2.6797 2.6797 2.6797 2.6797 2.6797 2.6797 2.6797 For purposes of applying the table above, if the Effective Date (or the date of an Optional Tax Conversion pursuant to Section 2.10 hereof) falls between the dates set forth under the heading “Effective Date” in the table above, or if the ADS Price falls between two amounts set forth in the other column headings in the table above, the Cash Acquisition Conversion Rate shall be determined by straight-line interpolation between the Cash Acquisition Conversion Rates set forth for the higher and lower ADS Prices and effective dates, as applicable, based on a 365-day year.
Cash Acquisition Conversion Rate means the Conversion Rate set forth in the table below for the applicable effective date of the Cash Acquisition and the applicable Cash Acquisition Stock Price (as Cash Acquisition Stock Prices in the column headings for the table below are adjusted pursuant to Section 14 hereof):
Cash Acquisition Conversion Rate. The following table sets forth the cash acquisition conversion rate per share of mandatory convertible preferred stock for each hypothetical stock price and effective date set forth below: If the stock price is in excess of $100.00 per share, then the cash acquisition conversion rate will be the minimum conversion rate, subject to anti-dilution adjustments. If the stock price is less than $14.00 per share, then the cash acquisition conversion rate will be the maximum conversion rate, subject to anti-dilution adjustments. Cash acquisition dividend make-whole payment: For any shares of mandatory convertible preferred stock that are converted during the cash acquisition conversion period, in addition to the shares of common stock issued upon conversion, the Company must, in its sole discretion, either (a) pay holders cash, to the extent it is legally permitted to do so, in an amount equal to the sum of (1) an amount equal to any accrued, cumulated and unpaid dividends on the mandatory convertible preferred stock, whether or not declared (including the pro rata portion of the accrued dividend for the then current dividend period), and (2) the present value of all remaining dividend payments on the mandatory convertible preferred stock through and including the mandatory conversion date (excluding the pro rata portion of the accrued dividend for the then current dividend period), in each case, out of legally available assets (the “cash acquisition dividend make-whole amount”), or (b) increase the number of shares of common stock to be issued on conversion by an amount equal to the cash acquisition dividend make-whole amount, divided by the stock price of shares of the Company’s common stock; provided that, in no event shall the Company increase the number of shares of common stock to be issued in excess of the amount equal to the cash acquisition dividend make-whole amount divided by $9.00, subject to anti-dilution adjustments. The Company may make the election to pay cash or increase the number of shares of its common stock issued upon conversion, in whole or in part. The present value of the remaining dividend payments will be computed using a discount rate equal to 6.50%.
Cash Acquisition Conversion Rate means the conversion rate set forth in the table below for the applicable Effective Date of a Cash Acquisition (or the date of an Optional Tax Conversion pursuant to Section 2.10 hereof) and the applicable ADS Price (as the ADS Prices indicated in the column headings may be adjusted pursuant to Section 2.8 hereof), except that (i) if the ADS Price is in excess of $120 (as such amount is adjusted from time to time pursuant to Section 2.8), then the Cash Acquisition Conversion Rate shall be the Minimum Conversion Rate, (ii) if the ADS Price is less than $25 (as such amount is adjusted from time to time pursuant to Section 2.8), then the Cash Acquisition Conversion Rate shall be the Maximum Conversion Rate, and (ii) the Cash Acquisition Conversion Rate is subject to adjustment in accordance with the provisions of Section 2.8 hereof. 6/19/2007 1.2039 1.1678 1.1370 1.1186 1.0930 1.0820 1.0673 1.0589 1.0526 1.0479 1.0443 1.0416 1.0379 1.0356 1.0342 1.0332 6/15/2008 1.2315 1.1926 1.1558 1.1328 1.1000 1.0859 1.0674 1.0573 1.0500 1.0448 1.0410 1.0383 1.0349 1.0331 1.0321 1.0314 6/15/2009 1.2701 1.2346 1.1902 1.1584 1.1100 1.0893 1.0635 1.0508 1.0428 1.0378 1.0347 1.0328 1.0310 1.0302 1.0299 1.0297 6/15/2010 1.2957 1.2957 1.2957 1.2957 1.1111 1.0283 1.0283 1.0283 1.0283 1.0283 1.0283 1.0283 1.0283 1.0283 1.0283 1.0283 For purposes of applying the table above, if the Effective Date (or the date of an Optional Tax Conversion pursuant to Section 2.10 hereof) falls between the dates set forth under the heading “Effective Date” in the table above, or if the ADS Price falls between two amounts set forth in the other column headings in the table above, the Cash Acquisition Conversion Rate shall be determined by straight-line interpolation between the Cash Acquisition Conversion Rates set forth for the higher and lower ADS Prices and effective dates, as applicable, based on a 365-day year.
Cash Acquisition Conversion Rate. The following table sets forth the cash acquisition conversion rate per share of mandatory convertible preferred stock for each hypothetical stock price and effective date set forth below:
Cash Acquisition Conversion Rate means the conversion rate set forth in the table below for the applicable Effective Date of a Cash Acquisition (or the date of an Optional Tax Conversion pursuant to Section 2.10 hereof) and the applicable ADS Price (as the ADS Prices indicated in the column headings may be adjusted pursuant to Section 2.8 hereof), except that (i) if the ADS Price is in excess of $120 (as such amount is adjusted from time to time pursuant to Section 2.8), then the Cash Acquisition Conversion Rate shall be the Minimum Conversion Rate, (ii) if the ADS Price is less than $25 (as such amount is adjusted from time to time pursuant to Section 2.8), then the Cash Acquisition Conversion Rate shall be the Maximum Conversion Rate, and (ii) the Cash Acquisition Conversion Rate is subject to adjustment in accordance with the provisions of Section 2.8 hereof. $ 25.00 $ 30.00 $ 35.00 $ 40.00 $ 45.80 $ 50.00 $ 57.71 $ 60.00 $ 65.00 $ 70.00 $ 75.00 $ 80.00 $ 90.00 $ 100.00 $ 110.00 $ 120.00 6/19/2007 1.0374 1.0101 0.9844 0.9619 0.9404 0.9278 0.9100 0.9058 0.8982 0.8922 0.8875 0.8838 0.8786 0.8753 0.8732 0.8718 6/15/2008 1.0598 1.0342 1.0064 0.9798 0.9529 0.9367 0.9137 0.9084 0.8988 0.8915 0.8859 0.8817 0.8761 0.8729 0.8710 0.8699 6/15/2009 1.0840 1.0683 1.0430 1.0119 0.9750 0.9512 0.9170 0.9094 0.8961 0.8867 0.8803 0.8760 0.8712 0.8691 0.8682 0.8678 6/15/2010 1.0917 1.0917 1.0917 1.0917 1.0917 1.0000 0.8664 0.8664 0.8664 0.8664 0.8664 0.8664 0.8664 0.8664 0.8664 0.8664 For purposes of applying the table above, if the Effective Date (or the date of an Optional Tax Conversion pursuant to Section 2.10 hereof) falls between the dates set forth under the heading “Effective Date” in the table above, or if the ADS Price falls between two amounts set forth in the other column headings in the table above, the Cash Acquisition Conversion Rate shall be determined by straight-line interpolation between the Cash Acquisition Conversion Rates set forth for the higher and lower ADS Prices and effective dates, as applicable, based on a 365-day year.