Common use of Certain Conversions Deemed Payment Clause in Contracts

Certain Conversions Deemed Payment. For the purposes of this Article 5 only, (1) the issuance and delivery of junior securities upon conversion of Securities in accordance with Article 4 shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest on Securities or on account of the purchase or other acquisition of Securities, and (2) the payment, issuance or delivery of cash (except in satisfaction of fractional shares pursuant to Section 4.3), property or securities (other than junior securities) upon conversion of a Security shall be deemed to constitute payment on account of the principal of such Security. For the purposes of this Section 5.8, the term "

Appears in 16 contracts

Samples: Indenture (Veritas Software Corp /De/), Indenture (Symantec Corp), Indenture (Rf Micro Devices Inc)

AutoNDA by SimpleDocs

Certain Conversions Deemed Payment. For the purposes of this Article 5 only, (1) the issuance and delivery of junior securities upon conversion of Securities in accordance with Article 4 XIV shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) premium or interest on Securities or on account of the purchase or other acquisition of Securities, and (2) the payment, issuance or delivery of cash, other than cash (except in satisfaction lieu of fractional shares pursuant to Section 4.3)in connection with payment, issuance or delivery of junior securities, property or securities (other than junior securities) upon conversion of a Security shall be deemed to constitute payment on account of the principal of such Security. For the purposes of this Section 5.8Section, the term "

Appears in 2 contracts

Samples: United States Surgical Corp, United States Surgical Corp

Certain Conversions Deemed Payment. For the purposes of this Article 5 only, (1) the issuance and delivery of junior securities upon conversion of Securities in accordance with Article 4 shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest (including contingent interest, if any) on Securities or on account of the purchase or other acquisition of Securities, and (2) the payment, issuance or delivery of cash (except in satisfaction of fractional shares pursuant to Section 4.34.04), property or securities (other than junior securities) upon conversion of a Security shall be deemed to constitute payment on account of the principal of such Security. For the purposes of this Section 5.8, the term "

Appears in 2 contracts

Samples: Integra Lifesciences Holdings Corp, Integra Lifesciences Holdings Corp

Certain Conversions Deemed Payment. For the purposes of this Article 5 only, (1a) the issuance and delivery of junior securities upon conversion of Securities in accordance with Article 4 XIV shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) premium or interest on Securities and any coupons appertaining thereto or on account of the purchase or other acquisition of SecuritiesSecurities and any coupons appertaining thereto, and (2b) the payment, issuance or delivery of cash (except in satisfaction of fractional shares pursuant to Section 4.3)cash, property or securities (other than junior securities) upon conversion of a Security shall be deemed to constitute payment on account of the principal of such Security. For the purposes of this Section 5.8Section, the term "

Appears in 2 contracts

Samples: Royal Gold Inc /De/, Royal Gold Inc /De/

Certain Conversions Deemed Payment. For the purposes of this Article 5 6 only, (1) the issuance and delivery of junior securities upon conversion of Securities in accordance with Article 4 5 shall not be deemed to constitute a payment or distribution on account of the principal of (of, or premium, if any) , the cash portion of the Conversion Obligation, if any, or interest on on, Securities or on account of the purchase or other acquisition of Securities, and (2) the payment, issuance or delivery of cash (except in satisfaction of fractional shares pursuant to Section 4.35.03), property or securities (other than junior securities) upon conversion of a Security shall be deemed to constitute payment on account of the principal of such Security. For the purposes of this Section 5.86.08, the term "

Appears in 1 contract

Samples: Polymedica Corp

Certain Conversions Deemed Payment. For the purposes of this Article 5 XIII only, (1) the issuance and delivery of junior securities upon conversion of Securities in accordance with Article 4 XII shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest on Securities or on account of the purchase or other acquisition of Securities, and (2) the payment, issuance or delivery of cash (except in satisfaction of fractional shares pursuant to Section 4.312.03), property or securities (other than junior securities) upon conversion of a Security shall be deemed to constitute payment on account of the principal of such Security. For the purposes of this Section 5.813.16, the term "

Appears in 1 contract

Samples: Amkor Technology Inc

AutoNDA by SimpleDocs

Certain Conversions Deemed Payment. For the purposes of this Article 5 only, (1) the issuance and delivery of junior securities upon conversion of Securities in accordance with Article 4 shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest on Securities or on account of the purchase or other acquisition of Securities, and (2) the payment, issuance or delivery of cash (except in satisfaction of fractional shares pursuant to Section 4.3), property or securities (other than junior securities) upon conversion of a Security shall be deemed to constitute payment on account of the principal of such Security. For the purposes of this Section 5.8, the term "

Appears in 1 contract

Samples: Emulex Corp /De/

Certain Conversions Deemed Payment. For the purposes of this Article 5 only, (1) the issuance and delivery of junior securities upon conversion of Securities in accordance with Article 4 XIV shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest on Securities or on account of the purchase or other acquisition of Securities, and (2) the payment, issuance or delivery of cash (except in satisfaction of fractional shares pursuant to Section 4.31403), property or securities (other than junior securities) upon conversion of a Security shall be deemed to constitute payment on account of the principal of such Security. For the purposes of this Section 5.81508, the term "

Appears in 1 contract

Samples: Satisfaction And (Ddi Capital Corp/Dynamic Details Inc)

Certain Conversions Deemed Payment. For the purposes of this Article 5 only, (1) the issuance and delivery of junior securities upon conversion of Securities in accordance with Article 4 shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest on Securities or on account of the purchase or other acquisition of Securities, and (2) the payment, issuance or delivery of cash (except in satisfaction of fractional shares pursuant to Section 4.34.04), property or securities (other than junior securities) upon conversion of a Security shall be deemed to constitute payment on account of the principal of such Security. For the purposes of this Section 5.85.08, the term "

Appears in 1 contract

Samples: Indenture (Penney J C Co Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.