Examples of Degressive Issuance in a sentence
For the avoidance of doubt, if a Degressive Issuance occurs before the High Yield Security Trigger Date and a Requisite Stockholder Approval Failure occurs on the High Yield Security Trigger Date, then Additional Interest will accrue as provided in this Section 3.05 from, and including, the applicable Degressive Issuance Date to, and including, the High Yield Security Trigger Date.
For the avoidance of doubt, in the event the Exercise Price has been adjusted pursuant to this Section 2(c) and the Degressive Issuance that triggered such adjustment is unwound or is cancelled, for any reason whatsoever, in no event shall the Exercise Price be readjusted to the Exercise Price that would have been in effect if such Degressive Issuance had not occurred or been consummated.3. RIGHTS UPON DISTRIBUTION OF ASSETS.
The Exercise Price shall be adjusted to the same extent as the Conversion Price (as defined in the Certificate of Designations) is or would be adjusted pursuant to Section 10(f)(i)(3) under the Certificate of Designations as a result of a Degressive Issuance (as defined in the Certificate of Designations), as applied mutatis mutandis to the terms hereof (and regardless of whether Certificate of Designations remains in effect).
Unless and until the Requisite Stockholder Approval is obtained, the Company will not, without the prior written consent of Holders of a majority of the Convertible Preferred Stock then outstanding, effect any Degressive Issuance if the adjustment on account of such Degressive Issuance pursuant to Section 10(f)(i)(2) would be limited by the preceding sentence.