Examples of Conversion ADSs in a sentence
The Mandatory Conversion hereunder shall not be effective, unless all of the Equity Conditions are met (unless waived in writing by the Holder) on the Listing Notice Date and through and including the Listing Date and the actual delivery of all of the Conversion ADSs to the Holder.
The Company acknowledges and agrees that the Notes and the Conversion ADSs may be pledged or charged by the Holder in connection with a bona fide margin agreement or other loan or financing arrangement.
The Company shall pay all Transfer Agent fees required for same-day processing of any Notice of Conversion and all fees to the Depository Trust Company (or another established clearing corporation performing similar functions) required for same-day electronic delivery of the Conversion ADSs.
The pledge of the Notes and charge of the Conversion ADSs shall not be deemed to be a transfer, sale or assignment of such securities hereunder, and by effecting such a pledge or charge the Holder shall not be required to provide the Company with any notice thereof or otherwise make any delivery to the Company pursuant to this Note.
For purposes of clarification, whether or not the Company provides a Dilutive Issuance Notice pursuant to this Section 5(b), upon the occurrence of any Dilutive Issuance, the Holder is entitled to receive a number of Conversion ADSs based upon the Base Conversion Price on or after the date of such Dilutive Issuance, regardless of whether the Holder accurately refers to the Base Conversion Price in the Notice of Conversion.
The number of Conversion ADSs issuable upon a conversion hereunder shall be determined by the quotient obtained by dividing (x) the outstanding principal amount of this Debenture to be converted by (y) the Conversion Price.
Nothing herein shall limit a Holder’s right to pursue any other remedies available to it hereunder, at law or in equity including, without limitation, a decree of specific performance and/or injunctive relief with respect to the Company’s failure to timely deliver Conversion ADSs upon conversion of this Debenture as required pursuant to the terms hereof.
In the absence of such injunction, the Company shall issue Conversion ADSs upon a properly noticed conversion.
The resale of the Conversion ADSs shall be subject to the restrictions set forth in Section 4.1 of the Purchase Agreement.
The Company covenants that all Shares, represented by the ADSs issuable upon conversion of the Notes shall, upon issue, be duly authorized, validly issued, fully paid and non-assessable and, in the case of Conversion ADSs issued pursuant to any Conversion Notice delivered on or after the effective date of the Registration Statement (as defined in the Purchase Agreement), shall be registered for public resale in accordance with the Purchase Agreement.