Certain Conversions Deemed Payment. For the purposes of this Article only, (1) the issuance and delivery of junior securities upon conversion of Securities in accordance with Article Fourteen shall not be deemed to constitute a payment or distribution on account of the principal of or any premium or interest on Securities or on account of the purchase, redemption or other acquisition of Securities, and (2) the payment, issuance or delivery of cash, property or securities (other than junior securities and cash paid for fractional shares) 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, the term "
Appears in 9 contracts
Samples: Sun Microsystems Inc, Read Rite Corp /De/, Westell Technologies Inc
Certain Conversions Deemed Payment. For the purposes of this Article 12 only, (1) the issuance and delivery of junior securities upon conversion of Securities any Security in accordance with Article Fourteen 11 shall not be deemed to constitute a payment or distribution on account of the principal of or any premium or interest on Securities such Security or on account of the purchase, redemption purchase or other acquisition of Securities, such Security and (2) the payment, issuance or delivery of cashcash (except in satisfaction of fractional shares pursuant to Section 11.03), property or securities (other than junior securities and cash paid for fractional sharessecurities) upon conversion of a any Security in accordance with Article 11 shall be deemed to constitute payment on account of the principal of such Security. For the purposes of this SectionSection 12.08, the term "β
Appears in 4 contracts
Samples: Indenture (Belden CDT Inc.), Indenture (Belden CDT Inc.), Indenture (Cable Design Technologies Corp)
Certain Conversions Deemed Payment. For the purposes of this Article XII only, (1a) the issuance and delivery of junior securities upon on conversion of Securities in accordance with Article Fourteen XIII shall not be deemed to constitute a payment or distribution on account of the principal of or any premium of, premium, if any, or interest on or any Additional Amounts with respect to Securities or on account of the purchase, redemption purchase or other acquisition of Securities, and (2b) the payment, issuance or delivery of cash, property or securities (other than junior securities and cash paid for fractional sharessecurities) upon on conversion of a Security shall be deemed to constitute payment on account of the principal of such Security. For the purposes of this SectionSection 12.15, the term "
Appears in 3 contracts
Samples: Indenture (Innovative Valve Technologies Inc), American Residential Services Inc, American Residential Services Inc
Certain Conversions Deemed Payment. For the purposes of this Article 15 only, (1) the issuance and delivery of junior securities upon conversion of Securities in accordance with Article Fourteen 14 shall not be deemed to constitute a payment or distribution on account of the principal of or any premium or interest on Securities or on account of the purchase, redemption purchase or other acquisition of Securities, Securities and (2) the payment, issuance or delivery of cashcash (except in satisfaction of fractional shares pursuant to Section 14.3), property or securities (other than junior securities and cash paid for fractional sharessecurities) upon conversion of a Security shall be deemed to constitute payment on account of the principal of such Security. For the purposes of this SectionSection 15.8, the term "
Appears in 3 contracts
Samples: Black Hills Holding Corp, Black Hills Corp /Sd/, Willbros Group Inc
Certain Conversions Deemed Payment. For the purposes of this Article Twelve only, (1) the issuance and delivery of junior securities upon conversion of Securities in accordance with Article Fourteen Thirteen shall not be deemed to constitute a payment or distribution on account of the principal of (or any premium premium, if any) or interest on Securities or on account of the purchase, redemption purchase or other acquisition of Securities, and (2) the payment, issuance or delivery of cashcash (except in satisfaction of fractional shares), property or securities (other than junior securities and cash paid for fractional sharessecurities) upon conversion of a Security shall be deemed to constitute payment on account of the principal of such Security. For the purposes of this SectionSection 1209, the term "
Appears in 3 contracts
Samples: Purchase Agreement (Vanstar Financing Trust), Indenture (Inacom Corp), Suiza Foods Corp
Certain Conversions Deemed Payment. For the purposes of this Article only, : (1) the issuance and delivery of junior securities upon conversion of Securities in accordance with Article Thirteen or upon the repurchase of Securities in accordance with Article Fourteen shall not be deemed to constitute a payment or distribution on account of the principal of or any premium or interest on Securities or on account of the purchase, redemption purchase or other acquisition of Securities, and (2) the payment, issuance or delivery of cash, property or securities (other than junior securities and cash paid for fractional sharessecurities) 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, the term "
Appears in 2 contracts
Samples: Reptron Electronics Inc, National Data Corp
Certain Conversions Deemed Payment. For the purposes of this Article 15 only, (1) the issuance and delivery of junior securities upon conversion of Securities in accordance with Article Fourteen 14 shall not be deemed to constitute a payment or distribution on account of the principal of or any premium or interest on Securities or on account of the purchase, redemption purchase or other acquisition of Securities, Securities and (2) the payment, issuance or delivery of cashcash (except in satisfaction of fractional shares pursuant to Section 14.3), property or securities (other than junior securities and cash paid for fractional sharessecurities) upon conversion of a Security shall be deemed to constitute payment on account of the principal of such Security. For the purposes of this SectionSection 15.8, the term "β
Appears in 1 contract
Certain Conversions Deemed Payment. For the purposes of this Article only, (1) the issuance and delivery of junior securities upon conversion of Securities in accordance with Article Fourteen hereof shall not be deemed to constitute a payment or distribution on account of the principal of or any premium premium, if any, or interest on Securities or on account of the purchase, redemption purchase or other acquisition of Securities, and (2) the payment, issuance or delivery of cash, property or securities (other than junior securities and cash paid for fractional sharessecurities) 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, the term "
Appears in 1 contract
Samples: Capstone Capital Corp
Certain Conversions Deemed Payment. For the purposes of this Article XII only, (1a) the issuance and delivery of junior securities upon on conversion of Securities in accordance with Article Fourteen XIII shall not be deemed to constitute a payment or distribution on account of the principal of or any premium of, premium, if any, or interest on or any Additional Amounts with respect to Securities or on account of the purchase, redemption purchase or other acquisition of Securities, and (2b) the payment, issuance or delivery of cash, property or securities (other than junior securities and cash paid for fractional sharessecurities) upon on conversion of a Security shall be deemed to constitute payment on account of the principal of such Security. For the purposes of this SectionSection 12.14, the term "
Appears in 1 contract
Samples: Pentegra Dental Group Inc