Adjustment of Conversion Rate. The Conversion Rate will be adjusted as described in this Section 4.04, except that no adjustment to the Conversion Rate will be made for a given transaction if Holders of the Notes will participate in that transaction, without conversion of the Notes, on the same terms and at the same time as a holder of a number of shares of Common Stock equal to the principal amount of a Holder’s Notes (expressed in thousands) multiplied by the Conversion Rate would participate.
Appears in 9 contracts
Samples: The Agreement and Plan of Merger (Sunedison, Inc.), Agreement and Plan of Merger (Sunedison, Inc.), Agreement and Plan of Merger (Vivint Solar, Inc.)
Adjustment of Conversion Rate. The Conversion Rate will be adjusted as described in this Section 4.04, except that no adjustment to the Conversion Rate will be made for a given transaction if Holders of the Notes will participate in that transaction, without conversion of the Notes, on the same terms and at the same time as a holder of a number of shares of Common Stock equal to the principal amount of a Holder’s Notes (expressed in thousands) plus accrued interest thereon plus the Make-Whole Amount divided by $1,000 and multiplied by the Conversion Rate would participate.
Appears in 4 contracts
Samples: Indenture (ProSomnus, Inc.), Indenture (ProSomnus, Inc.), Indenture (ProSomnus, Inc.)
Adjustment of Conversion Rate. The Conversion Rate will be adjusted as described in this Section 4.04, except that no adjustment to the Conversion Rate will be made for a given transaction if Holders of the Notes will participate in that transaction, without conversion of the Notes, on the same terms and at the same time as a holder of a number of shares of Common Stock equal to the principal amount of a Holder’s Notes (expressed in thousands) divided by $1,000 and multiplied by the Conversion Rate would participate.
Appears in 4 contracts
Samples: Indenture (Teligent, Inc.), Indenture (Igi Laboratories, Inc), Indenture (Teligent, Inc.)
Adjustment of Conversion Rate. The Conversion Rate will be adjusted adjusted, without duplication, as described provided in this Section 4.04, except that no the Issuer shall not make any adjustment to the Conversion Rate will be made for a given transaction if Holders of the Notes will participate in that transactionparticipate, without conversion of the Notes, on the same terms and at the same time and upon the same terms as holders of the Common Stock and solely as a holder result of holding the Notes, in any of the transactions described in this Section 4.04 without having to convert their Notes, as if they held a number of shares of Common Stock equal to the applicable Conversion Rate, multiplied by the principal amount of a Holder’s Notes (expressed in thousands) multiplied of Notes held by the Conversion Rate would participatesuch Holder.
Appears in 2 contracts
Samples: Alpha Natural Resources, Inc., Alpha Natural Resources, Inc.
Adjustment of Conversion Rate. The Conversion Rate will be adjusted as described in this Section 4.04, except that no adjustment to the Conversion Rate will be made for a given transaction if Holders of the Notes will participate in that transaction, without conversion of the Notes, on the same terms and at the same time as a holder of a number of shares of Common Stock equal to the principal amount of a Holder’s Notes (expressed in thousands) plus accrued interest thereon plus the Make-Whole Amount divided by $1,000 and multiplied by the Conversion Rate would participate.. 45
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