Cash Payments in Lieu of Fractional Shares. The Company shall not issue a fractional share of Common Stock upon conversion of Securities. Instead the Company shall deliver cash for the current market value of the fractional share. The current market value of a fractional share shall be determined to the nearest 1/10,000th of a share by multiplying the Last Reported Sale Price of a full share of Common Stock on the Trading Day immediately preceding the Conversion Date by the fractional amount and rounding the product to the nearest whole cent.
Appears in 6 contracts
Samples: Indenture (Manor Care Inc), Indenture (Trinity Industries Inc), Manor Care Inc
Cash Payments in Lieu of Fractional Shares. The Company shall not issue a fractional share of Common Stock upon conversion of Securities. Instead the Company shall deliver cash for the current market value of the fractional share. The current market value of a fractional share shall be determined to the nearest 1/10,000th of a share by multiplying the Last Reported Sale Price Daily VWAP of a full share of Common Stock on the final Trading Day immediately preceding of the Conversion Date related Observation Period by the fractional amount and rounding the product to the nearest whole cent.
Appears in 5 contracts
Samples: Supplemental Indenture (Hornbeck Offshore Services Inc /La), Purchase (Kyphon Inc), Purchase (Group 1 Automotive Inc)
Cash Payments in Lieu of Fractional Shares. The Company shall not issue a fractional share of Common Stock upon conversion of SecuritiesNotes. Instead the Company shall deliver cash for the current market value of the fractional share. The current market value of a fractional share shall be determined to the nearest 1/10,000th of a share by multiplying the Last Reported Sale Price of a full share of Common Stock on the Trading Day immediately preceding the Conversion Date by the fractional amount and rounding the product to the nearest whole cent.
Appears in 4 contracts
Samples: Indenture (Fisher Scientific International Inc), Fisher Scientific International Inc, Eastman Kodak Co
Cash Payments in Lieu of Fractional Shares. The Company shall not issue a fractional share of Common Stock upon conversion of SecuritiesNotes. Instead the Company shall deliver cash for the current market value of the fractional share. The current market value of a fractional share shall be determined to the nearest 1/10,000th of a share by multiplying the Last Reported Sale Price of a full share of Common Stock on the Trading Day immediately preceding the Conversion Date by the fractional amount and rounding the product to the nearest whole cent.
Appears in 4 contracts
Samples: Interpublic Group of Companies, Inc., Interpublic Group of Companies, Inc., Interpublic Group of Companies Inc
Cash Payments in Lieu of Fractional Shares. The Company shall not issue a fractional share of Common Stock upon conversion of SecuritiesNotes. Instead the Company shall deliver cash for the current market value of the fractional share. The current market value of a fractional share shall be determined to the nearest 1/10,000th of a share by multiplying the Last Reported Sale Applicable Stock Price of a full share of Common Stock on the Trading Day immediately preceding the Conversion Date by the fractional amount and rounding the product to the nearest whole cent.
Appears in 3 contracts
Samples: Goodrich Petroleum Corp, Goodrich Petroleum Corp, Goodrich Petroleum Corp
Cash Payments in Lieu of Fractional Shares. The Company shall not issue a fractional share of Common Stock upon conversion of Securitiesa Note. Instead the Company shall deliver cash Cash for the current market value of the fractional share. The current market value of a fractional share shall be determined to the nearest 1/10,000th of a share by multiplying the Last Reported Sale Price of a full share of Common Stock on the Trading Day immediately preceding the Conversion Date by the fractional amount and rounding the product to the nearest whole cent.
Appears in 3 contracts
Samples: Supplemental Indenture (Masco Corp /De/), Supplemental Indenture (Masco Corp /De/), Lear Corp /De/
Cash Payments in Lieu of Fractional Shares. The Company shall not issue a fractional share of Common Stock upon conversion of Securities. Instead the Company shall deliver cash for the current market value of the fractional share. The current market value of a fractional share shall be determined to the nearest 1/10,000th of a share by multiplying the Last Reported Sale Price of a full share of the Common Stock on the Conversion Date (or, in the case of Net-Share Settlement, the Daily VWAP of the Common Stock on the last VWAP Trading Day immediately preceding of the relevant Conversion Date Period) by the fractional amount and rounding the product to the nearest whole cent.
Appears in 2 contracts
Samples: First Supplemental Indenture (Flotek Industries Inc/Cn/), First Supplemental Indenture (Flotek Industries Inc/Cn/)
Cash Payments in Lieu of Fractional Shares. The Company shall not issue a fractional share of Common Stock upon conversion of Securities. Instead the Company shall deliver cash for the current market value of the fractional share. The current market value of a fractional share shall be determined to the nearest 1/10,000th of a share by multiplying the Last Reported Sale Sales Price of a full share of Common Stock on the Trading Day immediately preceding the Conversion Date by the fractional amount and rounding the product to the nearest whole centDate.
Appears in 2 contracts
Samples: Indenture (Pier 1 Imports Inc/De), Pier 1 Imports Inc/De
Cash Payments in Lieu of Fractional Shares. The Company shall not issue a fractional share of Common Stock Shares upon conversion of SecuritiesConvertible Notes. Instead the Company shall deliver cash for the current market value of the fractional share. The current market value of a fractional share shall be determined to the nearest 1/10,000th 1/1,000 of a share by multiplying the Last Reported Sale Closing Price of a full share of Common Stock on the Trading Day immediately preceding the Conversion Date by the fractional amount and rounding the product to the nearest whole cent.
Appears in 2 contracts
Samples: Second Supplemental Trust Indenture (Capital Automotive Reit), Second Supplemental Trust Indenture (Capital Automotive Reit)
Cash Payments in Lieu of Fractional Shares. The Company shall not issue a fractional share of Common Stock upon conversion of Securities. Instead the Company shall deliver cash for the current market value of the fractional share. The current market value of a fractional share shall be determined to the nearest 1/10,000th of a share by multiplying the Last Reported Sale Price Fair Market Value of a full share of Common Stock on the Trading Day immediately preceding the Conversion Date by the fractional amount and rounding the product to the nearest whole cent.
Appears in 2 contracts
Samples: Intercreditor Agreement (Interstate Bakeries Corp/De/), Indenture (Interstate Bakeries Corp/De/)
Cash Payments in Lieu of Fractional Shares. The Company shall not issue a fractional share of Common Stock upon conversion of Securities. Instead the Company shall deliver cash for the current market value of the fractional share. The current market value of a fractional share shall be determined to the nearest 1/10,000th of a share by multiplying the Last Reported Sale Price of a full share of Common Stock on the Trading Day immediately preceding the Conversion Date by the fractional amount and rounding the product to the nearest whole cent.
Appears in 2 contracts
Cash Payments in Lieu of Fractional Shares. The Company shall not issue a fractional share of Common Stock upon conversion of Securities. Instead the Company shall deliver cash for the current market value of the fractional share. The current market value of a fractional share shall be determined to the nearest 1/10,000th of a share by multiplying the Last Reported Sale Price of a full share of the Common Stock on the Trading Day immediately preceding last day of the Conversion Date relevant Observation Period by the fractional amount and rounding the product to the nearest whole cent.
Appears in 1 contract
Samples: Cogent Communications Group Inc
Cash Payments in Lieu of Fractional Shares. The Company shall not issue a fractional share of Common Stock upon conversion of Securities. Instead the Company shall deliver cash for the current market value of the fractional share. The current market value of a fractional share shall be determined to the nearest 1/10,000th of a share by multiplying the Last Reported Sale Price Daily VWAP of a full share of Common Stock on the final Trading Day immediately preceding the Conversion Date settlement of such conversion by the fractional amount and rounding the product to the nearest whole cent.
Appears in 1 contract
Samples: Eddie Bauer Holdings, Inc.
Cash Payments in Lieu of Fractional Shares. The Company shall not issue a fractional share of Common Stock upon conversion of SecuritiesConvertible Subordinated Notes. Instead the Company shall deliver cash for the current market value of the fractional share. The current market value of a fractional share shall be determined to the nearest 1/10,000th of a share by multiplying the Last Reported Sale Price of a full share of Common Stock on the Trading Day immediately preceding the Conversion Date by the fractional amount and rounding the product to the nearest whole cent.
Appears in 1 contract
Samples: Indenture (Doubleclick Inc)
Cash Payments in Lieu of Fractional Shares. The Company shall not issue a fractional share of Common Stock upon conversion of Securities. Instead the Company shall deliver cash for the current market value of the fractional share. The current market value of a fractional share shall be determined to the nearest 1/10,000th of a share by multiplying the Last Reported Closing Sale Price of a full share of Common Stock on the final Trading Day immediately preceding of the related Conversion Date Period by the fractional amount and rounding the product to the nearest whole cent.
Appears in 1 contract
Samples: Supplemental Indenture (Hornbeck Offshore Services Inc /La)
Cash Payments in Lieu of Fractional Shares. The Company shall not ------------------------------------------ issue a fractional share of Common Stock upon conversion of Securitiesa Note. Instead the Company shall deliver cash Cash for the current market value of the fractional share. The current market value of a fractional share shall be determined to the nearest 1/10,000th of a share by multiplying the Last Reported Sale Market Price of a full share of Common Stock on the Trading Day immediately preceding the Conversion Date by the fractional amount and rounding the product to the nearest whole cent.
Appears in 1 contract
Samples: Eleventh Supplemental Indenture (Horton D R Inc /De/)
Cash Payments in Lieu of Fractional Shares. The Company shall will not issue a fractional share of Common Stock upon conversion of Securitiesa Convertible Subordinated Note. Instead Instead, the Company shall will deliver cash for the current market value of the fractional share. The current market value of a fractional share shall be determined determined, to the nearest 1/10,000th 1/1,000th of a share share, by multiplying the Last Reported per share Closing Sale Price of a full share of the Common Stock Stock, on the Trading Day immediately preceding last trading day prior to the Conversion Date Date, by the fractional amount and rounding the product to the nearest whole cent.
Appears in 1 contract
Samples: Cke Restaurants Inc
Cash Payments in Lieu of Fractional Shares. The Company shall not issue deliver a fractional share of Common Stock upon conversion exchange of Securities. Instead the Company shall deliver cash for the current market value of the fractional share. The current market value of a fractional share shall be determined to the nearest 1/10,000th of a share by multiplying the Last Reported Sale Price Daily VWAP of a full share of Common Stock on the final Trading Day immediately preceding of the Conversion Date related Observation Period by the fractional amount and rounding the product to the nearest whole cent.
Appears in 1 contract
Samples: Supplemental Indenture (Superior Energy Services Inc)
Cash Payments in Lieu of Fractional Shares. The Company shall not ------------------------------------------ issue a fractional share of Common Stock upon conversion of Securitiesa Note. Instead the Company shall deliver cash Cash for the current market value of the fractional share. The current market value of a fractional share shall be determined to the nearest 1/10,000th of a share by multiplying the Last Reported Sale Price of a full share of Common Stock on the Trading Day immediately preceding the Conversion Date by the fractional amount and rounding the product to the nearest whole cent.
Appears in 1 contract
Samples: Horton D R Inc /De/
Cash Payments in Lieu of Fractional Shares. The Company shall not issue a fractional share of Common Stock upon conversion of Securities. Instead the Company shall deliver cash for the current market value of the fractional share. The current market value of a fractional share shall be determined to the nearest 1/10,000th of a share by multiplying the Last Reported Sale Price Daily VWAP of a full share of Common Stock on the final Trading Day immediately preceding of the Conversion Date related Observation Period by the fractional amount and rounding the product to the nearest whole cent.
Appears in 1 contract
Samples: Pier 1 Imports Inc/De
Cash Payments in Lieu of Fractional Shares. The Company shall not issue a fractional share of Common Stock upon conversion of Securities2004 Senior Convertible Notes. Instead the Company shall deliver cash for the current market value of the fractional share. The current market value of a fractional share shall be determined to the nearest 1/10,000th of a share by multiplying the Last Reported average of the Closing Sale Price of a full share of Common Stock on Prices during the Trading Day immediately preceding the applicable Conversion Date Settlement Reference Period by the fractional amount and rounding the product to the nearest whole cent.
Appears in 1 contract
Cash Payments in Lieu of Fractional Shares. The Company shall not issue a fractional share of Common Stock upon conversion of Securities. Instead the Company shall deliver cash for the current market value of the fractional share. The current market value of a fractional share shall be determined to the nearest 1/10,000th of a share by multiplying the Last Reported Sale Applicable Stock Price of a full share of Common Stock on the Trading Day immediately preceding the Conversion Date by the fractional amount and rounding the product to the nearest whole cent.
Appears in 1 contract
Samples: Indenture (Goodrich Petroleum Corp)
Cash Payments in Lieu of Fractional Shares. The Company shall will not issue a fractional share of Common Stock upon conversion of Securitiesa Debenture. Instead the Company shall will deliver cash Cash for the current market value of the fractional share. The current market value of a fractional share shall be determined to the nearest 1/10,000th of a share by multiplying the Last Reported Sale Price last reported sale price (determined as set forth in the definition of Current Market Price) on the last Trading Day prior to the Conversion Date of a full share of Common Stock on the Trading Day immediately preceding the Conversion Date by the fractional amount and rounding the product to the nearest whole cent.
Appears in 1 contract
Samples: Whole Foods Market Inc
Cash Payments in Lieu of Fractional Shares. The Company shall not issue a fractional share of Common Stock upon conversion of Securities. Instead the Company shall deliver cash for the current market value of the fractional share. The current market value of a fractional share shall be determined to based on the nearest 1/10,000th last reported sales price of a share by multiplying the Last Reported Sale Price of a full share of the Common Stock on the Trading Day immediately preceding prior to the Conversion Date by the fractional amount and rounding the product to the nearest whole centDate.
Appears in 1 contract
Samples: Delta Petroleum Corp/Co
Cash Payments in Lieu of Fractional Shares. The Company shall not issue a fractional share of Common Stock Shares upon conversion of SecuritiesConvertible Notes. Instead the Company shall deliver cash for the current market value of the fractional share. The current market value of a fractional share shall be determined to the nearest 1/10,000th 1/1,000 of a share by multiplying the Last Reported Sale Closing Price of a full share of Common Stock Share on the Trading Day immediately preceding the Conversion Date by the fractional amount and rounding the product to the nearest whole cent.
Appears in 1 contract
Samples: Second Supplemental Trust Indenture (Capital Automotive Reit)
Cash Payments in Lieu of Fractional Shares. The Company shall not issue a fractional share of Common Stock upon conversion of Securitiesa CZARS. Instead the Company shall deliver cash for the current market value of the fractional share. The current market value of a fractional share shall be determined to the nearest 1/10,000th of a share by multiplying the Last Reported Sale Price of a full share of Common Stock on the Trading Day immediately preceding the Conversion Date by the fractional amount and rounding the product to the nearest whole cent.
Appears in 1 contract
Cash Payments in Lieu of Fractional Shares. The Company shall not issue a fractional share of Common Stock upon conversion of Securities. Instead the Company shall deliver cash for the current market value of the fractional share. The current market value of a fractional share shall be determined to the nearest 1/10,000th of a share by multiplying the Last Reported Sale Average Price of a full share of Common Stock on the Trading Day immediately preceding the Conversion Date by the fractional amount and rounding the product to the nearest whole cent.
Appears in 1 contract
Samples: King Pharmaceuticals Inc
Cash Payments in Lieu of Fractional Shares. The Company shall not issue deliver a fractional share of Common Stock upon conversion of the Securities. Instead the Company shall deliver cash for the current market value of the fractional share. The current market value of a fractional share shall be determined to the nearest 1/10,000th of a share by multiplying the Last Reported Sale Price Daily VWAP of a full share of Common Stock on the final Trading Day immediately preceding of the Conversion Date related Observation Period by the fractional amount and rounding the product to the nearest whole cent.
Appears in 1 contract
Samples: Veeco Instruments Inc
Cash Payments in Lieu of Fractional Shares. The Company shall not issue a fractional share of Common Stock Ordinary Shares upon conversion of SecuritiesNotes. Instead the Company shall deliver cash for the current market value of the fractional share. The current market value of a fractional share shall be determined to the nearest 1/10,000th of a share by multiplying the Last Reported Sale Price of a full share of Common Stock on the Trading Day immediately preceding the Conversion Date by the fractional amount and rounding the product to the nearest whole cent.
Appears in 1 contract
Cash Payments in Lieu of Fractional Shares. The Company shall not issue a fractional share of Common Stock upon conversion of SecuritiesNotes. Instead the Company shall deliver cash Cash for the current market value of the fractional share. The current market value of a fractional share shall be determined to the nearest 1/10,000th of a share by multiplying the Last Reported Sale Ten-Day Average Price of a full share of Common Stock on the Trading Day immediately preceding the Conversion Date by the fractional amount and rounding the product to the nearest whole cent, such current market value to be calculated by the Company.
Appears in 1 contract
Cash Payments in Lieu of Fractional Shares. The Company shall not issue a fractional share of Common Stock upon conversion of SecuritiesNotes. Instead the Company shall deliver cash for the current market value of the fractional share. The current market value of a fractional share shall be determined to the nearest 1/10,000th of a share by multiplying the Last Reported Sale Price of a full share of Common Stock on the Trading Day immediately preceding the Conversion Date by the fractional amount and rounding the product to the nearest whole cent, such current market value to be calculated by the Company.
Appears in 1 contract
Samples: Maverick Tube Corporation
Cash Payments in Lieu of Fractional Shares. The Company shall not issue a fractional share of Common Stock upon conversion of Securitiesa Debenture. Instead the Company shall deliver cash Cash for the current market value of the fractional share. The current market value of a fractional share shall be determined to the nearest 1/10,000th of a share by multiplying the Last Reported Sale Market Price of a full share of Common Stock on the Trading Day immediately preceding the Conversion Date by the fractional amount and rounding the product to the nearest whole cent.
Appears in 1 contract
Samples: Lennar Corp /New/
Cash Payments in Lieu of Fractional Shares. The Company shall ------------------------------------------ not issue a fractional share of Common Stock upon conversion of Securitiesa Note. Instead the Company shall deliver cash Cash for the current market value of the fractional share. The current market value of a fractional share shall be determined to the nearest 1/10,000th of a share by multiplying the Last Reported Sale Price of a full share of Common Stock on the Trading Day immediately preceding the Conversion Date by the fractional amount and rounding the product to the nearest whole cent.
Appears in 1 contract
Samples: Third Supplemental Indenture (Electronic Data Systems Corp /De/)
Cash Payments in Lieu of Fractional Shares. The Company shall will not issue a fractional share of Common Stock upon conversion of Securitiesa Convertible Subordinated Note. Instead Instead, the Company shall will deliver cash for the current market value of the fractional share. The current market value of a fractional share shall be determined determined, to the nearest 1/10,000th 1/1,000/th/ of a share share, by multiplying the Last Reported per share Closing Sale Price of a full share of the Common Stock Stock, on the Trading Day immediately preceding last trading day prior to the Conversion Date Date, by the fractional amount and rounding the product to the nearest whole cent.
Appears in 1 contract
