Convertible Note Exchange definition

Convertible Note Exchange means a transaction exchanging the Convertible Notes for substantially similar securities (i) permitting net share settlement, (ii) in an aggregate principal amount no greater than that of the Convertible Notes as of the date of exchange, and (iii) containing only those incentives to induce holders thereof to participate in such exchange as are commercially reasonable.
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Convertible Note Exchange means an exchange offer or other transaction exchanging the Convertible Notes (2012) or any other notes constituting Convertible Indebtedness for substantially similar securities (i) providing for conversion into common stock of the Borrower and/or cash (in an amount determined by reference to the price of such common stock), (ii) in an aggregate principal amount no greater than that of the Convertible Notes (2012) or such other notes constituting Convertible Indebtedness as of the date of exchange, and (iii) containing only those incentives to induce holders thereof to participate in such exchange as are commercially reasonable, as determined in good faith by the Borrower.
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Convertible Note Exchange means an exchange offer or other transaction exchanging the Convertible Notes (2016) or any other notes constituting Convertible Indebtedness for substantially similar securities (i) providing for conversion into common stock of the Borrower and/or cash (in an amount determined by reference to the price of such common stock), (ii) in an aggregate principal amount no greater than that of the Convertible Notes (2016) or such other notes constituting Convertible Indebtedness as of the date of exchange, and (iii) containing only those incentives to induce holders thereof to participate in such exchange as are commercially reasonable, as determined in good faith by the Borrower.
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Examples of Convertible Note Exchange in a sentence

  • Section 6.13 of the Agreement shall be amended by replacing the words “On or before the date that is ten (10) Business Days after the date Emergent launches the Convertible Note Exchange Offer” in such section with “Prior to the expiration of the Convertible Note Exchange Offer”.

  • Pursuant to the terms of that certain Senior Subordinated Note and Subordinated Convertible Note Exchange Agreement, dated July 19, 2002 among the Corporation, ▇▇▇▇▇▇ and Midwest (the "Exchange Agreement"), the Corporation (i) issued to ▇▇▇▇▇▇ 119,520 shares of Series A-1 Convertible Preferred Stock of the Corporation, par value $.001 per share (the "Series A-1 Preferred Stock"), and (ii) issued to Midwest 59,760 shares of Series A-1 Preferred Stock.

  • Exchange Offer Overview In each Private Convertible Note Exchange, the Company will offer to issue new 5.25% Senior Secured Convertible Notes due 2019 (the “New Convertible Notes”) in exchange for the Company’s existing 7.00% Convertible Senior Notes due 2017 (the “Existing Convertible Notes”) that are held by each Supporting Convertible Noteholder.

  • The transactions contemplated by the Remaining 3.25% Convertible Note Exchange Documents are being consummated substantially contemporaneously herewith.

  • No adjustment in the Convertible Note Exchange Rate will be required unless such adjustment would require an increase or decrease of at least one percent in the Convertible Note Exchange Rate, provided that any adjustments which, by reason of the foregoing, are not required to be made shall be carried forward and taken into account in any subsequent adjustment.

  • All adjustments to the Convertible Note Exchange Rate will be calculated to the nearest 1/10,000th of a share of Common Stock.

  • Subject to the terms and conditions set forth herein and upon the effectiveness of this Amendment, the Administrative Agent and the Lenders party hereto, constituting the Required Lenders, hereby consent to the Convertible Note Exchange notwithstanding anything in Section 7.15 of the Credit Agreement or in any other Loan Document to the contrary.

  • Attached hereto as Exhibit C are true, correct and complete copies of the Remaining 3.25% Convertible Note Exchange Documents, which have not been (and are not currently being contemplated as of the Fourth Amendment Effective Date to be) amended, restated, supplemented, changed or otherwise modified in any manner.

  • Conversion Limitation To the extent required under NYSE Rule 312.03, until stockholder approval (the “Stockholder Approval”) under NYSE Rule 312.03 is obtained for the issuance of all of the Conversion Shares, the aggregate number of shares of Company Common Stock that may be issued upon conversion of the New Convertible Notes shall not exceed a number equal to 19.99% of the outstanding shares of Company Common Stock as of the date of commencement of the Registered Convertible Note Exchange Offer.

  • The Company shall pay in cash on the Convertible Note Exchange Settlement Date any accrued and unpaid interest owed to an Exchanging Convertible Noteholder on account of its tendered Existing Convertible Notes.