Examples of CellNet Common Stock in a sentence
Any such CellNet Common Stock received by the Company may be paid as a dividend to the holders of the Preferred Securities (only after August 1, 2001) or sold in the open market to generate cash proceeds to pay cash dividends on the Preferred Securities.
A holder of a Preferred Security wishing to exercise its optional exchange right shall (i) deliver an exchange notice to CellNet (in such capacity, the "Exchange Agent"), (ii) if required, furnish appropriate endorsements and transfer documents and (iii) if required, pay all transfer or similar taxes, and the Exchange Agent shall, on behalf of such holder, exchange such Preferred Securities with the Company for shares of CellNet Common Stock and deliver such shares of CellNet Common Stock to such holder.
If CellNet implements a stockholders' rights plan, such rights plan must provide that upon exchange of the Preferred Securities into CellNet Common Stock the holders will receive, in addition to the CellNet Common Stock issuable upon such exchange, such rights whether or not such rights have separated from the CellNet Common Stock at the time of such exchange.
Following any exchange at the election of a holder of such holder's Preferred Securities into CellNet Common Stock, dividends will cease to accrue on such Preferred Securities and such holder will not be entitled to participate in the proceeds from the Treasury strips held by Funding.
To the extent that shares of CellNet Common Stock are not delivered or required to be delivered after the expiration of such rights or warrants, the Exchange Rate shall be readjusted to the Exchange Rate which would then be in effect had the adjustments made upon the issuance of such rights or warrants been made on the basis of delivery of only the number of shares of CellNet Common Stock actually delivered.
No fractional shares of CellNet Common Stock shall be issued as a result of exchange, but in lieu thereof such fractional interest shall be paid by the Company in cash based on the last reported sale price of CellNet Common Stock on the date the affected Preferred Securities are surrendered for exchange.
CellNet is obligated to pay dividends, consisting, at CellNet's option, of any combination of cash and CellNet Common Stock, to the Company so that it will be able to make the Liquidation Distribution in full.
Amounts available to the Company for dividends to the holders of the Preferred Securities will be limited to cash, shares of CellNet Common Stock received by the Company from CellNet as dividends on the CellNet Preferred Stock (and proceeds from any sales of such CellNet Common Stock by the Company) and the interest on and principal of the Treasury strips that are held in the Escrow Account.
The Company shall obtain such shares of CellNet Common Stock by exchanging shares of the CellNet Preferred Stock it holds with CellNet for CellNet Common Stock, pursuant to the terms of the CellNet Preferred Stock.
In determining whether any rights or warrants entitle the holders to subscribe for or purchase shares of CellNet Common Stock at less than such Average Market Value, and in determining the aggregate offering price of such shares of CellNet Common Stock, there shall be taken into account any consideration received by the CellNet for such rights or warrants, the value of such consideration, if other than cash, to be determined by the board of directors.