Certain Conversions or Exchanges Deemed Payment. For the purpose of this Article only, (a) the issuance and delivery of junior securities upon conversion or exchange of Debentures shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest (including any Additional Interest, if any) on the Debentures or on account of the purchase or other acquisition of Debentures, and (b) the payment, issuance or delivery of cash (including any payments for fractional shares), property or securities (other than junior securities) upon conversion or exchange of a Debenture shall be deemed to constitute payment on account of the principal of such security. For the purpose of this Section, the term "
Appears in 4 contracts
Samples: Trust Agreement (Ilm Senior Living Inc /Va), Agreement and Plan of Merger (Capital Senior Living Corp), Agreement and Plan of Merger (Capital Senior Living Corp)
Certain Conversions or Exchanges Deemed Payment. For the purpose purposes of this Article only, (a) the issuance and delivery of junior securities upon conversion or exchange of Debentures Securities shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest (including any Additional InterestSums and Additional Amounts, if any) on the Debentures Securities or on account of the purchase or other acquisition of DebenturesSecurities, and (b) the payment, issuance or delivery of cash (including any payments for fractional shares)cash, property or securities (other than Securities, Exchange Securities or junior securities) upon conversion or exchange of a Debenture Security shall be deemed to constitute payment on account of the principal of such security. For the purpose purposes of this Section, the term "
Appears in 4 contracts
Samples: Pooling Agreement (Fresenius Medical Care Corp), Fresenius National Medical Care Holdings Inc, Fresenius Medical Care Corp
Certain Conversions or Exchanges Deemed Payment. For the purpose of this Article only, (a) the issuance and delivery of junior securities upon conversion or exchange of Debentures shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest (including any Additional Interest, if any) on the Debentures or on account of the purchase or other acquisition of Debentures, and (b) the payment, issuance or delivery of cash (including any payments for fractional shares), property or securities (other than junior securities) upon conversion or exchange of a Debenture shall be deemed to constitute payment on account of the principal of such security. For the purpose of this Section, the term "term
Appears in 1 contract
Samples: Newell Financial Trust I
