Permitted Bond Hedge Transactions means the bond hedge or capped call options purchased by the Parent or any other Credit Party from the Call Spread Counterparties to hedge the Parent’s payment and/or delivery obligations due upon conversion of the Convertible Notes.
Permitted Bond Hedge Transactions means one or more call or capped call option transactions (or substantively equivalent derivative transactions) on the Borrower’s common stock (or other securities or property following a merger event or other change of the common stock of the Borrower) purchased by the Borrower from one or more financial institutions in connection with the issuance of any Indebtedness;
Permitted Bond Hedge Transactions means any call or capped call option (or substantively equivalent derivative transaction) relating to Borrower’s common stock (or other securities or property following a merger event or other change of the common stock of Borrower) purchased by Borrower in connection with the issuance of any Permitted Convertible Indebtedness; provided that the purchase price for such Permitted Bond Hedge Transactions, less the proceeds received by Borrower from the sale of any related Permitted Warrant Transactions, does not exceed the net proceeds received by Borrower from the issuance of such Permitted Convertible Indebtedness in connection with such Permitted Bond Hedge Transactions.
Examples of Permitted Bond Hedge Transactions in a sentence
The term “Consolidated Debt for Borrowed Money” shall not include obligations of such Person under bankers’ acceptances, letters of credit or similar facilities and, for the avoidance of doubt, shall include Permitted Convertible Indebtedness but shall not include Permitted Bond Hedge Transactions or Permitted Warrant Transactions.
For the avoidance of doubt, the term “Debt” shall include Permitted Convertible Indebtedness but shall not include obligations under or in connection with any Permitted Bond Hedge Transactions or Permitted Warrant Transactions.
Enter into any Hedging Agreement, other than (a) Hedging Agreements entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or any Subsidiary is exposed in the conduct of its business or the management of its liabilities, and (b) Permitted Bond Hedge Transactions related to Convertible Indebtedness permitted under this Agreement.
The definition of “Equity Interests” in Section 1.1 of the Credit Agreement is hereby amended by inserting the following proviso immediately prior to the final period thereof: ; provided that Permitted Convertible Indebtedness, or other debt securities that are or by their terms may be convertible or exchangeable into or for Equity Interests, Permitted Bond Hedge Transactions or Permitted Warrant Transactions, in each case, shall not constitute capital stock or Equity Interests.
For the avoidance of doubt, “Indebtedness” shall not include Permitted Bond Hedge Transactions or Permitted Warrant Transactions.
More Definitions of Permitted Bond Hedge Transactions
Permitted Bond Hedge Transactions means any call or capped call option (or substantively equivalent derivative transaction) relating to the Company’s common stock (or other securities or property following a merger event or other change of the common stock of the Company) purchased by Company in connection with the issuance of any Permitted Convertible Indebtedness; provided that the purchase price for such Permitted Bond Hedge Transactions, less the proceeds received by Company from the sale of any related Permitted Warrant Transactions, does not exceed the net proceeds received by the Company from the issuance of such Permitted Convertible Indebtedness in connection with such Permitted Bond Hedge Transactions.
Permitted Bond Hedge Transactions means any call or capped call option (or substantively equivalent derivative transaction) relating to the Borrower’s common stock (or other securities or property following a merger event, reclassification or other change of the common stock in the Borrower) purchased by the Borrower in connection with the issuance of any Permitted Convertible Indebtedness and settled upon exercise in common stock of the Borrower (or such other securities or property), cash or a combination thereof (such amount of cash determined by reference to the price of the Borrower’s common stock or such other securities or property), and cash in lieu of fractional shares of common stock of the Borrower; provided that the purchase price for such Permitted Bond Hedge Transactions, less the proceeds received by the Borrower from the sale of any related Permitted Warrant Transactions, does not exceed the net proceeds received by the Borrower from the issuance of such Permitted Convertible Indebtedness in connection with such Permitted Bond Hedge Transactions.
Permitted Bond Hedge Transactions means one or more call or capped call options (or substantively equivalent derivative transaction) relating to PRA’s common stock (or other securities or property following a merger event or other change of the common stock of PRA) purchased by PRA in connection with the issuance of any Permitted Convertible Notes; provided that the purchase price for such Permitted Bond Hedge Transactions, less the proceeds received by PRA from the sale of any related Permitted Warrant Transactions, does not exceed the net proceeds received by PRA from the issuance of such Permitted Convertible Notes in connection with such Permitted Bond Hedge Transactions.
Permitted Bond Hedge Transactions means the bond hedge or capped call options purchased by the Borrower from the Call Spread Counterparties to hedge the Borrower’s payment and/or delivery obligations due upon conversion of any Convertible Notes.
Permitted Bond Hedge Transactions means any call or capped call option (or substantively equivalent derivative transaction) entered into by the Borrower in connection with the issuance of any Permitted Convertible Debt and requiring the counterparty thereto to deliver to the Borrower (i) shares of common stock of the Borrower (or other securities or property following a merger event or other change of the common stock of the Borrower), (ii) the cash value thereof or (iii) a combination thereof, in each case, from time to time upon exercise of such option; provided that (a) the purchase price for such Permitted Bond Hedge Transaction, less the proceeds received by the Borrower from the sale of any related Permitted Warrant Transaction, does not exceed the net proceeds received by the Borrower from the sale of such Permitted Convertible Debt issued in connection with the Permitted Bond Hedge Transaction and (b) the terms, conditions and covenants of each such transaction shall be such as are reasonable and customary for transactions of such type (as determined by Borrower in good faith and in its reasonable discretion).
Permitted Bond Hedge Transactions means any and all call or capped call options (or similar derivate transaction) on Parent’s common stock purchased by Parent in connection with the issuance of any Convertible Indebtedness; provided that the purchase price for such Permitted Bond Hedge Transaction, less the proceeds received by Parent from the sale of any related Permitted Warrant Transaction, does not exceed the net proceeds received by Parent from the sale of such Convertible Indebtedness issued in connection with the Permitted Bond Hedge Transaction.¶
Permitted Bond Hedge Transactions means any call, or capped call, option (or economically equivalent swap or other derivative transaction) relating to the common stock of the Parent Guarantor (or other securities and/or property of the Parent Guarantor that the applicable Permitted Convertible / Exchangeable Indebtedness is convertible or exchangeable into, in accordance with the terms thereof) purchased by the Borrower or the Parent Guarantor in connection with the issuance of any Permitted Convertible / Exchangeable Indebtedness; provided, that, the purchase price for such Permitted Bond Hedge Transactions, less the proceeds received by the Parent Guarantor from the sale of any related Permitted Warrant Transactions, does not exceed the Net Proceeds received by the Borrower or the Parent Guarantor, as the case may be, from the issuance of such Permitted Convertible / Exchangeable Indebtedness in connection with such Permitted Bond Hedge Transactions.