Automatic Conversion by the Company Sample Clauses

Automatic Conversion by the Company. If at any time the Closing Price of the shares of Common Stock exceeds 130% of the Conversion Price for at least 20 Trading Days during any consecutive 30 Trading Day period ending within five Trading Days prior to the notice of Automatic Conversion, the Company may elect to automatically convert this Security pursuant to the terms of the Indenture. In the event that the date that this Security or any portion hereof (in integral multiples of $1,000) will be automatically converted occurs on or prior to the date that is one year from the Issue Date, the Company will pay to the Holder an Additional Interest Payment in cash or, at the Company’s option, shares of Common Stock, valued at 90% of the Automatic Conversion Price that is in effect at that time, or a combination of cash and shares of Common Stock.
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Automatic Conversion by the Company. (a) The Company may elect to automatically convert the Securities in whole or in part (an “Automatic Conversion”) at any time on or prior to Stated Maturity if the Closing Price of the Common Stock has exceeded 130% of the Conversion Price then in effect for at least 20 Trading Days in any 30 Trading Day period, ending within five Trading Days prior to the date of the Automatic Conversion Notice (as defined below) (the “Automatic Conversion Price”). In the event that the date on which the Securities will be automatically converted (the “Automatic Conversion Date”) occurs on or prior to May 10, 2010, the Company will pay an Additional Interest Payment in respect of the Securities subject to such Automatic Conversion.
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Automatic Conversion by the Company. (a) The Company may elect to automatically convert the Securities (an "Automatic Conversion") at any time prior to Maturity if the average Daily Market Price of the Company's Common Stock has exceeded 200% of the Conversion Price for at least 20 Trading Days during a 30-day Trading Day period ending within five Trading Days prior to the notice of Automatic Conversion.
Sample 1
Automatic Conversion by the Company. (a) The Company may elect to automatically convert all or any portion of the Debentures (an “Automatic Conversion”) at any time prior to maturity if the Closing Price of the Company’s Common Stock has exceeded 150% of the Conversion Price for at least 20 Trading Days during a 30-day Trading Day period, ending within five Trading Days prior to the date of the Automatic Conversion Notice. If fewer than all the outstanding Debentures are to be converted in connection with any Automatic Conversion, Debentures to be converted shall be selected by the Trustee from outstanding Debentures by lot or pro rata (as near as may be) or by any other equitable method determined by the Trustee in its sole discretion. In the event that the Automatic Conversion Date occurs prior to November 3, 2007, the Company will pay the Make-Whole Interest Payment on the Automatic Conversion Date.
Sample 1
Automatic Conversion by the Company. (a) The Company may elect, at its sole option, to automatically convert (an "Automatic Conversion") all of the Notes or any portion of the principal amount thereof that is $1,000 or an integral multiple of $1,000 at any time prior to Maturity provided that the [Closing Price] of the Company's Common Stock exceeds $[___] per share (the "Automatic Conversion Price") for at least 20 Trading Days during a 30-day Trading Day period, ending within five Trading Days prior to the date of any Automatic Conversion Notice (as defined below) provided by the Company. In the event that the date on which all or any portion of the Notes are automatically converted (the "Automatic Conversion Date") occurs on or prior to August [ ], 2005, the Company will also pay or provide for the Make-Whole Payment on the Automatic Conversion Date.
Sample 1
Automatic Conversion by the Company. Subject to and in compliance with the provisions of the Indenture (including without limitation the conditions of conversion of this Security set forth in Article 6 of the Indenture), the Company may elect for Automatic Conversion some or all the Securities if the closing price of the Common Stock has exceeded 150% of the Conversion Price for at least 20 Trading Days during any consecutive 30-Trading Day period ending within five Trading Days prior to the date of the Automatic Conversion Notice; provided however, that, during the two year period commencing on the date of the last delivery of the Securities under the Indenture, the Company may only automatically convert the Securities if, in accordance with the terms of the Registration Rights Agreement, a registration statement registering the resale of the Securities and Common Stock issuable upon conversion of the Securities is declared effective under the Securities Act prior to the date of the Automatic Conversion Notice and such registration statement remains effective on the date selected for Automatic Conversion. If an Automatic Conversion occurs on or prior to March 15, 2010, the Company will also pay to the Holder the Make-Whole Interest Payment in cash or, at the Company’s option, in Common Stock.. In the event of a deposit or withdrawal of an interest in this Security, including an exchange, transfer, repurchase or conversion of this Security in part only, the Trustee, as custodian of the Depositary, shall make an adjustment on its records to reflect such deposit or withdrawal in accordance with the rules and procedures of the Depositary. Subject to certain limitations in the Indenture, at any time when the Company is not subject to Section 13 or 15(d) of the United States Securities Exchange Act of 1934, as amended, upon the request of a Holder of a Restricted Security, the Company will promptly furnish or
Sample 1
Automatic Conversion by the Company. (a) The Company may elect to automatically convert the Notes (an "Automatic Conversion") at any time prior to maturity if the Closing Price of the Company's Common Stock has exceeded 150% of the Conversion Price for at least 20 Trading Days during a 30-day Trading Day period, ending within five Trading Days prior to the date of the Automatic Conversion Notice (as defined below); provided, however, that, during the two year period commencing on the date of the last delivery of the Notes under this Indenture, the Company may only automatically convert the Notes if, in accordance with the terms of the Registration Rights Agreement, a registration statement registering the resale of the Notes and Common Stock issuable upon conversion of the Notes is declared effective under the Securities Act prior to the date of the Automatic Conversion Notice and such registration statement remains effective on the date selected for Automatic Conversion (the "Automatic Conversion Date"). In the event that the date on which the Notes will be automatically converted (the "Automatic Conversion Date") occurs on or prior to September 1, 2006, the Company will pay the Make-Whole Interest Payment on the Automatic Conversion Date.
Sample 1
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Automatic Conversion by the Company. (a) The Company may elect to automatically convert all of the Securities into Common Stock at the Conversion Price (an "Automatic Conversion") at any time prior to Maturity if (i) the Daily Market Price of the Company's Common Stock has exceeded 150% of the Conversion Price for at least 20 Trading Days during any 30-day Trading Day period (the occurrence of such an event being referred to herein as an "Automatic Conversion Trigger Event"), (ii) the shares of Common Stock issuable upon the Automatic Conversion are freely tradable pursuant to an effective Shelf Registration Statement under the Securities Act, (iii) the Common Stock is, or shall have been, approved for listing on the NYSE, the American Stock Exchange (the "Amex") or for quotation on the NASDAQ Stock Market (the "NASDAQ") prior to the Automatic Conversion Date; and (iv) all shares of Common Stock which may be issued with respect to the payment of interest on the Securities will be issued out of the Company's authorized but unissued Common Stock and will, upon issue, be duly and validly issued and fully paid and non-assessable and free of any preemptive rights.
Sample 1

Related to Automatic Conversion by the Company

  • Termination by the Company This Agreement may be terminated by the Company at any time prior to the Effective Time:

  • Optional Redemption by the Company The Notes may be redeemed at any time as a whole or from time to time in part, subject to the conditions and at the Redemption Prices specified in the form of Notes set forth in Exhibit A hereto, which are hereby incorporated by reference and made a part of this Indenture, together with accrued and unpaid interest to the Redemption Date.

  • Termination by the Company with Cause The Company shall have the right at any time to terminate the Executive's employment hereunder without prior notice upon the occurrence of any of the following (any such termination being referred to as a termination for "Cause"):

  • Termination by the Company Without Cause The Company may terminate the Executive’s employment hereunder at any time without Cause. Any termination by the Company of the Executive’s employment under this Agreement which does not constitute a termination for Cause under Section 3(c) and does not result from the death or disability of the Executive under Section 3(a) or (b) shall be deemed a termination without Cause.

  • Other Termination by the Company If the Company terminates Executive's employment without Cause before this Agreement terminates, or Executive terminates his employment for Good Reason (defined below), the Company will pay Executive for the remainder of the Term the compensation and other benefits he would have been entitled to if his employment had not terminated.

  • Termination by the Company for Cause The Executive’s employment under this Agreement may be terminated by the Company for Cause at any time upon written notice to the Executive without further liability on the part of the Company. For purposes of this Agreement, a termination shall be for Cause if:

  • Termination by the Corporation The Corporation may terminate Executive’s employment during the Term:

  • Termination by the Company Other than for Cause Termination by the Company of the Executive’s employment for any reason other than for Cause, death or Disability. For purposes of this Agreement, “Cause” shall mean, as determined by the Board:

  • Termination by the Company Without Cause or by the Executive with Good Reason During the Term, if the Executive’s employment is terminated by the Company without Cause as provided in Section 3(d), or the Executive terminates his employment for Good Reason as provided in Section 3(e), then the Company shall pay the Executive his Accrued Benefit. In addition, subject to the Executive signing a separation agreement containing, among other provisions, a general release of claims in favor of the Company and related persons and entities, confidentiality, return of property and non-disparagement, in a form and manner satisfactory to the Company (the “Separation Agreement and Release”) and the Separation Agreement and Release becoming fully effective, all within the time frame set forth in the Separation Agreement and Release:

  • Termination by the Company for Cause or by the Executive without Good Reason The Company may terminate the Executive’s employment pursuant to the terms of this Agreement at any time for Cause (as defined below) by giving the Executive written notice of termination. Such termination shall become effective upon the giving of such notice. Upon any such termination for Cause, or in the event the Executive terminates his employment with the Company without Good Reason (as defined in Section 6(c)), then the Executive shall have no right to compensation, or reimbursement under Section 4, or to participate in any Executive benefit programs under Section 5, except as may otherwise be provided for by law, for any period subsequent to the effective date of termination. For purposes of this Agreement, “Cause” shall mean: (i) the Executive is convicted of, or pleads guilty or nolo contendere to, a felony related to the business of the Company; (ii) the Executive, in carrying out his duties hereunder, has acted with gross negligence or intentional misconduct resulting, in any case, in material harm to the Company; (iii) the Executive misappropriates Company funds or otherwise defrauds the Company including a material amount of money or property; (iv) the Executive breaches his fiduciary duty to the Company resulting in material profit to him, directly or indirectly; (v) the Executive materially breaches any agreement with the Company and fails to cure such breach within 10 days of receipt of notice, unless the act is incapable of being cured; (vi) the Executive breaches any provision of Section 8 or Section 9; (vii) the Executive becomes subject to a preliminary or permanent injunction issued by a United States District Court enjoining the Executive from violating any securities law administered or regulated by the SEC; (viii) the Executive becomes subject to a cease and desist order or other order issued by the SEC after an opportunity for a hearing; (ix) the Executive refuses to carry out a resolution adopted by the Company’s Board at a meeting in which the Executive was offered a reasonable opportunity to argue that the resolution should not be adopted; or (x) the Executive abuses alcohol or drugs in a manner that interferes with the successful performance of his duties.

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