Common use of Certain Conversions Deemed Payment Clause in Contracts

Certain Conversions Deemed Payment. For the purposes of this Article 4 only, (1) the issuance and delivery of junior securities upon conversion of Notes in accordance with Article 15 shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest on Notes or on account of the purchase or other acquisition of Notes, and (2) the payment, issuance or delivery of cash, property or securities (other than junior securities) upon conversion of a Note shall be deemed to constitute payment on account of the principal of such Note. For the purposes of this Section, the term "junior securities" means (a) shares of any stock of any class of the Company and (b) securities of the Company which are subordinated in right of payment to all Senior Indebtedness which may be outstanding at the time of issuance or delivery of such securities to substantially the same extent as, or to a greater extent than, the Notes are so subordinated as provided in this Article. Nothing contained in this Article or elsewhere in this Indenture or in the Notes is intended to or shall impair, as among the Company, its creditors other than holders of Senior Indebtedness and the holders of the Notes, the right, which is absolute and unconditional, of the holder of any Note to convert such Note in accordance with Article 15.

Certain Conversions Deemed Payment. For the purposes of this Article 4 Section 6 only, (1) the issuance and delivery of junior securities upon conversion of Notes this Note in accordance with Article 15 Section 1 shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest on Notes this Note or on account of the purchase or other acquisition of Notesthis Note, and (2) the payment, issuance or delivery of cashcash (including cash paid for fractional shares upon conversion of this Note in accordance with Section 1), property or securities (other than junior securities) upon conversion of a this Note in accordance with Section 1 shall be deemed to constitute payment on account of the principal of such this Note. For the purposes of this Section, the term "junior securities" means (a) shares of any stock of any class of the Company and (b) securities of the Company which are subordinated in right of payment to all Senior Indebtedness Debt which may be outstanding at the time of issuance or delivery of such securities to substantially the same extent as, or to a greater extent than, the Notes are this Note is so subordinated as provided in this ArticleSection 6. Nothing contained in this Article Section 6 or elsewhere in this Indenture or in the Notes Note is intended to or shall impair, as among the Company, its creditors other than holders of Senior Indebtedness Debt and the holders of the NotesHolder, the right, which is absolute and unconditional, of the holder of any Note Holder to convert such this Note in accordance with Article 15Section 1.

Certain Conversions Deemed Payment. For the purposes of ---------------------------------- this Article 4 IV only, (1) the issuance and delivery of junior securities upon conversion of Notes in accordance with Article 15 XV or upon repurchase of the Notes by the Company in the event of a Repurchase Event in accordance with Article XVI shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest on Notes or on account of the purchase or other acquisition of Notes, and (2) the payment, issuance or delivery of cashcash (including cash paid for fractional shares upon conversion of a Note or upon repurchase of a Note upon a Repurchase Event), property or securities (other than junior securities) upon conversion of a Note or upon repurchase of a Note on a Repurchase Event shall be deemed to constitute payment on account of the principal of such Note. For the purposes of this Section, the term "junior securities" means (a) shares of any stock of any class of the Company and (b) securities of the Company which are subordinated in right of payment to all Senior Indebtedness which may be outstanding at the time of issuance or delivery of such securities to substantially the same extent as, or to a greater extent than, the Notes are so subordinated as provided in this Article. Nothing contained in this Article or elsewhere in this Indenture or in the Notes is intended to or shall impair, as among the Company, its creditors other than holders of Senior Indebtedness and the holders of the Notes, the right, which is absolute and unconditional, of the holder of any Note to convert such Note in accordance with Article 15XV.

Certain Conversions Deemed Payment. For the purposes of this Article 4 14 only, (1) the issuance and delivery of junior securities upon conversion of Notes Securities in accordance with Article 15 13 shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) premium or interest on Notes Securities or on account of the redemption, purchase or other acquisition of NotesSecurities, and (2) the payment, issuance or delivery of cash, property or securities (other than junior securities) upon conversion of a Note Security shall be deemed to constitute payment on account of the principal of such NoteSecurity. For the purposes of this SectionSection 14.14, the term "junior securities" means (a) shares of any stock of any class of the Company and (b) securities of the Company which are subordinated in right of payment to the prior payment in full of all Senior Indebtedness which may be outstanding at the time of issuance or delivery of such securities to substantially the same extent as, or to a greater extent than, the Notes Securities are so subordinated as provided in this ArticleArticle 14. Nothing contained in this Article 14 or elsewhere in this Indenture or in the Notes Securities is intended to or shall impair, as among the Company, its creditors other than holders of Senior Indebtedness and the holders Holders of the NotesSecurities, the right, which is absolute and unconditional, of the holder Holder of any Note Security to convert such Note Security in accordance with Article 1513.

Certain Conversions Deemed Payment. For the purposes of this Article 4 IV only, (1) the issuance and delivery of junior securities upon conversion of Notes in accordance with Article 15 XV shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest on Notes or on account of the purchase or other acquisition of Notes, and (2) the payment, issuance or delivery of cash, property or securities (other than junior securities) upon conversion of a Note shall be deemed to constitute payment on account of the principal of such Note. For the purposes of this Section, the term "junior securities" means (a) shares of any stock of any class of the Company and (b) securities of the Company which are subordinated in right of payment to all Senior Indebtedness which may be outstanding at the time of issuance or delivery of such securities to substantially the same extent as, or to a greater extent than, the Notes are so subordinated as provided in this Article. Nothing contained in this Article or elsewhere in this Indenture or in the Notes is intended to or shall impair, as among the Company, its creditors other than holders of Senior Indebtedness and the holders of the Notes, the right, which is absolute and unconditional, of the holder of any Note to convert such Note in accordance with Article 15XV.

Certain Conversions Deemed Payment. For the purposes of this Article 4 only, (1) the issuance and delivery of junior securities upon conversion of Notes Debentures in accordance with Article 15 Thirteen shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) premium or interest on Notes Debentures or on account of the purchase or other acquisition of NotesDebentures, and (2) the payment, issuance or delivery of cash, property or securities (other than junior securities) upon conversion of a Note Debenture shall be deemed to constitute payment on account of the principal of such NoteDebenture. For the purposes of this Section, the term "junior securities" means (a) shares of any stock of any class of the Company and (b) securities of the Company which are subordinated in right of payment to all Senior Indebtedness which may be outstanding at the time of issuance or delivery of such securities to substantially the same extent as, or to a greater extent than, the Notes Debentures are so subordinated as provided in this Article. Nothing contained in this Article or elsewhere in this Indenture or in the Notes Debentures is intended to or shall impair, as among the Company, its creditors other than holders of Senior Indebtedness and or the holders Holders of the NotesDebentures, the right, which is absolute and unconditional, of the holder Holder of any Note Debenture to convert such Note Debenture in accordance with Article 15Thirteen.

Certain Conversions Deemed Payment. For the purposes of this Article 4 13 only, (1) the issuance and delivery of junior securities upon conversion of Notes Securities in accordance with Article 15 12 shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) premium or interest on Notes Securities or on account of the redemption, purchase or other acquisition of NotesSecurities, and (2) the payment, issuance or delivery of cash, property or securities (other than junior securities) upon conversion of a Note Security shall be deemed to constitute payment on account of the principal of such NoteSecurity. For the purposes of this SectionSection 13.14, the term "junior securities" means (a) shares of any stock of any class of the Company and (b) securities of the Company which that are subordinated in right of payment to the prior payment in full of all Senior Indebtedness which that may be outstanding at the time of issuance or delivery of such securities to substantially the same extent as, or to a greater extent than, the Notes Securities are so subordinated as provided in this ArticleArticle 13. Nothing contained in this Article 13 or elsewhere in this Indenture or in the Notes Securities is intended to or shall impair, as among the Company, its creditors other than holders of Senior Indebtedness and the holders Holders of the NotesSecurities, the right, which is absolute and unconditional, of the holder Holder of any Note Security to convert such Note Security in accordance with Article 1512.

Certain Conversions Deemed Payment. For the purposes of this Article 4 only, (1) the issuance and delivery of junior securities upon conversion of Notes Debentures in accordance with Article 15 Five hereof shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) , or interest on Notes Debentures or on account of the purchase or other acquisition of NotesDebentures, and (2) the payment, issuance or delivery of cash, property or securities (other than junior securities) upon conversion of a Note Debenture shall be deemed to constitute payment on account of the principal of such NoteDebenture. For the purposes of this Section, the term "junior securities" means (a) shares of any class of capital stock of any class of the Company and (b) securities of the Company which are subordinated in right of payment to all Senior Indebtedness Debt which may be outstanding at the time of issuance or delivery of such securities to substantially the same extent as, or to a greater extent than, the Notes Debentures are so subordinated as provided in this Article. Nothing contained in this Article or elsewhere in this the Indenture or in the Notes Debentures is intended to or shall impair, 58 as among the Company, its creditors other than holders of Senior Indebtedness Debt and the holders Holders of the NotesDebentures, the right, which is absolute and unconditional, of the holder Holder of any Note Debenture to convert such Note Debenture in accordance with Article 15Five hereof.

Certain Conversions Deemed Payment. For the purposes of this Article 4 only, (1) the issuance and delivery of junior securities upon conversion of Notes in accordance with Article 15 13 shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest on Notes or on account of the purchase or other acquisition of Notes, and (2) the payment, issuance or delivery of cash, property or securities (other than junior securities) upon conversion of a Note shall be deemed to constitute payment on account of the principal of such Note. For the purposes of this Section, the term "junior securities" means (a) shares of any stock of any class of the Company and Company, (b) securities of the Company which are subordinated in right of payment to all Senior Indebtedness which may be outstanding at the time of issuance or delivery of such securities to substantially the same extent as, or to a greater extent than, the Notes are so subordinated as provided in this ArticleArticle and (c) securities into which the Notes become convertible pursuant to Section 13.11. Nothing contained in this Article or elsewhere in this Indenture or in the Notes is intended to or shall impair, as among the Company, its creditors other than holders of Senior Indebtedness and the holders Holders of the Notes, the right, which is absolute and unconditional, of the holder Holder of any Note to convert such Note in accordance with Article 1513.

Certain Conversions Deemed Payment. For the purposes of this Article 4 IV only, (1) the issuance and delivery of junior securities upon conversion of Notes in accordance with Article 15 XV shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest on Notes or on account of the purchase or other acquisition of Notes, and (2) the payment, issuance or delivery of cash, property or securities (other than junior securities) upon conversion of a Note shall be deemed to constitute payment on account of the principal of such Note. For the purposes of this SectionSection 4.8, the term "junior securities" means (a) shares of any stock of any class of the Company and Company, or (b) securities of the Company which are subordinated in right of payment to all Senior Indebtedness which may be outstanding at the time of issuance or delivery of such securities to substantially the same extent as, or to a greater extent than, the Notes are so subordinated as provided in this Article. Nothing contained in this Article IV or elsewhere in this Indenture or in the Notes is intended to or shall impair, as among the Company, its creditors other than holders of Senior Indebtedness and the holders of the NotesNoteholders, the right, which is absolute and unconditional, of the holder Holder of any Note to convert such Note in accordance with Article 15XV.

Certain Conversions Deemed Payment. For the purposes ----------------------------------- of this Article 4 XII only, (1) the issuance and delivery of junior securities upon conversion of Notes Securities in accordance with Article 15 XIII shall not be deemed to constitute a payment or distribution on account of the principal of or premium (or premium, if any) or cash interest on Notes Securities or on account of the purchase or other acquisition of NotesSecurities, and (2) the payment, issuance or delivery of cash, property or securities (other than junior securities) upon conversion of a Note Security shall be deemed to constitute payment on account of the principal of such NoteSecurity. For the purposes of this SectionSection 12.14, the term "junior securities" means (a) shares of any stock of any class of the Company and (b) securities of the Company which are subordinated in right of payment to the prior payment in full of all Senior Indebtedness which may be outstanding at the time of issuance or delivery of such securities to substantially the same extent as, or to a greater extent than, the Notes Securities are so subordinated as provided in this ArticleArticle XII. Nothing contained in this Article XII or elsewhere in this Indenture or in the Notes Securities is intended to or shall impair, as among the Company, its creditors other than holders of Senior Indebtedness and the holders Holders of the NotesSecurities, the right, which is absolute and unconditional, of the holder Holder of any Note Security to convert such Note Security in accordance with Article 15XIII.

Certain Conversions Deemed Payment. For the purposes of ---------------------------------- this Article 4 only, (1) the issuance and delivery of junior securities upon conversion of Notes in accordance with Article 15 XV shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest on Notes or on account of the purchase or other acquisition of Notes, and (2) the payment, issuance or delivery of cash, property or securities (other than junior securities) upon conversion of a Note shall be deemed to constitute payment on account of the principal of such Note. For the purposes of this Section, the term "junior securities" means (a) shares of any stock of any class of the Company and Company, (b) securities of the Company which are subordinated in right of payment to all Senior Indebtedness which may be outstanding at the time of issuance or delivery of such securities to substantially the same extent as, or to a greater extent than, the Notes are so subordinated as provided in this ArticleArticle and (c) securities into which the Notes become convertible pursuant to Article XV. Nothing contained in this Article or elsewhere in this Indenture or in the Notes is intended to or shall impair, as among the Company, its creditors other than holders of Senior Indebtedness and the holders Holders of the Notes, the right, which is absolute and unconditional, of the holder Holder of any Note to convert such Note in accordance with Article 15XV.

Certain Conversions Deemed Payment. For the purposes of this ---------------------------------- Article 4 Four only, (1) the issuance and delivery of junior securities upon conversion of Notes in accordance with Article 15 Fifteen shall not be deemed to constitute a payment or distribution on account of the principal of or premium (or premium, if any) or interest on the Notes or on account of the purchase or other acquisition of Notes, and (2) the payment, issuance or delivery of cash, property or securities (other than junior securities) upon conversion of a Note shall be deemed to constitute payment on account of the principal of such Note. For the purposes of this SectionSection 4.14, the term "junior securities" means (a) shares of any stock of any class of the Company and (b) securities of the Company which are subordinated in right of payment to the prior payment in full of all Senior Indebtedness which may be outstanding at the time of issuance or delivery of such securities to substantially the same extent as, or to a greater extent than, the Notes are so subordinated as provided in this ArticleArticle Four. Nothing contained in this Article Four or elsewhere in this Indenture or in the Notes is intended to or shall impair, as among the Company, its creditors other than holders of Senior Indebtedness and the holders of the Notes, the right, which is absolute and unconditional, of the holder of any Note to convert such Note in accordance with Article 15Fifteen.

Certain Conversions Deemed Payment. For the purposes of this Article 4 only, (1a) the issuance and delivery of junior securities upon conversion of Notes Securities in accordance with Article 15 Eleven shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) , or interest on Notes Securities or on account of the purchase or other acquisition of NotesSecurities, and (2b) the payment, issuance or delivery of cash, property or securities (other than junior securities) upon conversion of a Note Security shall be deemed to constitute payment on account of the principal of such NoteSecurity. For the purposes of this Section, the term "junior securities" means (ai) shares of any stock class of any class Capital Stock of the Company and (bii) securities of the Company which are subordinated in right of payment to all Senior Indebtedness which may be outstanding at the time of issuance or delivery of such securities to substantially the same extent as, or to a greater extent than, the Notes Securities are so subordinated as provided in this Article. Nothing contained in this Article or elsewhere in this Indenture or in the Notes Securities is intended to or shall impair, as among the Company, its creditors other than holders of Senior Indebtedness and the holders Holders of the NotesSecurities, the right, which is absolute and unconditional, of the holder Holder of any Note Security to convert such Note Security in accordance with Article 15Eleven.

Certain Conversions Deemed Payment. For the purposes of this ---------------------------------- Article 4 only, (1) the issuance and delivery of junior securities upon conversion of Notes in accordance with Article 15 XV shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest on Notes or on account of the purchase or other acquisition of Notes, and (2) the payment, issuance or delivery of cash, property or securities (other than junior securities) upon conversion of a Note shall be deemed to constitute payment on account of the principal of such Note. For the purposes of this Section, the term "junior securities" means (a) shares of any stock of any class of the Company and (b) securities of the Company which are subordinated in right of payment to all Senior Indebtedness which may be outstanding at the time of issuance or delivery of such securities to substantially the same extent as, or to a greater extent than, the Notes are so subordinated as provided in this Article. Nothing contained in this Article or elsewhere in this Indenture or in the Notes is intended to or shall impair, as among the Company, its creditors other than holders of Senior Indebtedness and the holders of the Notes, the right, which is absolute and unconditional, of the holder of any Note to convert such Note in accordance with Article 15XV.

Certain Conversions Deemed Payment. For the purposes of this Article 4 XII only, (1) the issuance and delivery of junior securities upon conversion of Notes Securities in accordance with Article 15 XIII shall not be deemed to constitute a payment or distribution on account of the principal of or premium (or premium, if any) or cash interest on Notes Securities or on account of the purchase or other acquisition of NotesSecurities, and (2) the payment, issuance or delivery of cash, property or securities (other than junior securities) upon conversion of a Note Security shall be deemed to constitute payment on account of the principal of such NoteSecurity. For the purposes of this SectionSection 12.14, the term "junior securities" means (a) shares of any stock of any class of the Company and (b) securities of the Company which are subordinated in right of payment to the prior payment in full of all Senior Indebtedness which may be outstanding at the time of issuance or delivery of such securities to substantially the same extent as, or to a greater extent than, the Notes Securities are so subordinated as provided in this ArticleArticle XII. Nothing contained in this Article XII or elsewhere in this Indenture or in the Notes Securities is intended to or shall impair, as among the Company, its creditors other than holders of Senior Indebtedness and the holders Holders of the NotesSecurities, the right, which is absolute and unconditional, of the holder Holder of any Note Security to convert such Note Security in accordance with Article 15XIII.