Company Conversion Option. (i) In the event a conversion occurs as a result of a Company Conversion Option, whether the Company Conversion Option Date is prior to, on or after the Distribution Record Date for the current period, all unpaid distributions which are in arrears as of the Company Conversion Option Date shall be payable to the holder of the converted Series C Preferred Units.
Company Conversion Option. Subject to and upon the compliance with the provisions of this Article, the Company is entitled, at any time after the fifth (5th) anniversary of the date of this Debenture that the weighted average Closing Sale Price of the Common Shares for 20 consecutive Trading Days (the "Reference Period") ending on the Trading Day immediately prior to the day which the Company sends out a notice of conversion pursuant to Section 1206, exceeds NINETEEN Canadian Dollars (Cdn$19) per Common Share, as adjusted in certain instances as provided in this Article Twelve (the "Company Conversion Threshold"), at its option (the "Company Conversion Option"), in whole or in part, to require the Holder to convert the Debentures held by such Holder into that number of fully paid and non-assessable Common Shares as calculated by such quotient where the numerator is the principal amount of the Debenture to be converted and the denominator is the Conversion Price multiplied by the Exchange Rate. As used in this Debenture, "weighted average" of the Closing Sale Price of the Common Shares shall be calculated as the sum of the product of the Closing Sale Price multiplied by the Trading Volume of the Common Shares on The Toronto Stock Exchange (or such successor exchange) of each Trading Day within the Reference Period divided by the total Trading Volume of the Common Shares on The Toronto Stock Exchange (or such successor exchange) during the Reference Period.
Company Conversion Option. Whenever the Company shall elect to convert all of the shares of deposited Preferred Stock in accordance with the provisions of the Certificate of Designation, it shall notify the Depository prior to the opening of business on the fifth business day following the date on which the conditions set forth to the exercise of the Company’s election to convert shall have been satisfied. The conversion date shall be on the date that the Company issues a press release announcing its intention to exercise its conversion option in accordance with the Certificate of Designation and the date of the issuance of such press release shall be the Record Date for such conversion. In addition to any information required by applicable law or regulation, the Company’s notice of the Company’s election to convert shall state, as appropriate: (i) the conversion date (which shall be the Record Date); (ii) the number of shares of Common Stock to be issued upon conversion of each share of Preferred Stock and each Depositary Share; and (ii) that dividends on the Preferred Stock and the Depositary Shares to be converted shall cease to accrue for that dividend period on the conversion date. Such notice shall be provided to the Record holders by the Depository within five business days of receipt. Within five business days of the receipt of such notice, the Depository shall (i) forward such notice to the Record holders, and (ii) surrender to the Company all of the shares of the Preferred Stock held by the Depository and the Company shall thereafter issue and shall deliver or cause to be issued and delivered to the Depository, or to such other person on such Depository’s written order, (x) certificates representing the number of validly issued, fully paid and non-assessable full shares of Common Stock to which the Depository, or the Depository’s transferee, shall be entitled and (y) cash in lieu of any fractional share of Common Stock, all as provided in the Certificate of Designation. Upon receipt of the notice from the Depository, each Record holder shall surrender all of the holder’s Receipts and upon the receipt thereof the Depository shall deliver to the Record holder (i) certificates representing the number of shares of Common Stock the holder is entitled to receive and (ii) cash in lieu of any fractional share of Common Stock. The Depository shall, to the extent permitted by law, return or repay to the Company any shares of Common Stock or funds deposited by or for the account of t...
Company Conversion Option. (a) The Company may elect at its option to cause all or any portion of the Notes to be mandatorily converted in whole or in part (the “Company Conversion Option”) at any time prior to the close of business on the Business Day immediately preceding the Maturity Date, if the Last Reported Sale Price of the Common Stock equals or exceeds 120% of the Conversion Price then in effect for at least 10 Trading Days in any 20 Trading Day period (any such period, a “Mandatory Conversion Trigger Period”), ending within five Business Days prior to the Mandatory Conversion Notice Date. For the avoidance of doubt, the Company may exercise its right to cause more than one Company Conversion Option during the term of the Indenture so long as it complies with the other requirements of this Section 14.03.
Company Conversion Option. (i) On or after February 6, 2013, the Company may exercise its Conversion Option, as described below, but only if (A) the Closing Sale Price of the Common Stock equals or exceeds 130% of the then-applicable Conversion Price per share of the Series D Preferred Stock for at least 20 Trading Days in a period of 30 consecutive Trading Days (including the last Trading Day of such period) ending on the Trading Day immediately prior to the Company’s issuance of a press release announcing the exercise of its Conversion Option as described below in paragraph (iii); and (B) on or prior to the Effective Date of the exercise of its Conversion Option, the Company has either declared and paid, or declared and set apart for payment, any unpaid dividends that are in arrears on the Series D Preferred Stock.
Company Conversion Option. (a) On or after December 1, 2021 to December 1, 2022, if the VWAP of the Common Stock has equaled or exceeded 150% of the Conversion Price then in effect for at least 20 Trading Days (whether or not consecutive) in any 30 Trading Day period (including the last Trading Day of such period) ending on and including the Trading Day immediately preceding the date on which the Company delivers a Company Conversion Notice (a “Company Early Conversion Trigger Event”), the Company may, at its option, elect to convert the Original Principal Amount of the Notes in whole but not in part (the “Early Company Conversion”) into shares of Common Stock determined in accordance with Section 14.02(a) hereof by sending (or instructing the Trustee to send) a Company Conversion Notice (such notice, a “Notice of Early Company Conversion”) to each Holder in accordance with Section 14.13(c).
Company Conversion Option. (a) If the average of the closing trade prices for the Common Stock (as reported by Bloomberg Financial Markets) for the 15 consecutive trading days commencing on the day after the Registration Statement is declared effective (the "Conversion Option Period"), is greater than or equal to $12.50 (adjusted for any stock split, stock dividend, combination, reclassification or other similar events), then the Company may require the Holder to convert up to $2,500,000 of principal amount of this Note in accordance with this Article III (a "Company Conversion"). The Company Conversion shall be made ratably among Holders in proportion to the principal amount of Notes.
Company Conversion Option. (1) On or after November 16, 2009, the Trust shall have the option to cause all of the outstanding shares of Series C Preferred Shares to be automatically convened into that number of shares of Common Stock that are issuable at the Conversion Rate (as adjusted) (“Company Conversion Option”). The Trust may exercise the Company Conversion Option only if the Closing Sale Price equals or exceeds 125% of the Conversion Price of the Series C Preferred Shares for at least twenty (20) Trading Days in a period of thirty (30) consecutive Trading Days (including the last Trading Day of such period), ending on the Trading Day prior to the Trust’s issuance of a press release announcing the Company Conversion Option in accordance with this Section (d).
Company Conversion Option. (i) If the Trust exercises the Company Conversion Option, whether the Company Conversion Option Date is prior to, on or after the Dividend Record Date for the current period, all unpaid dividend which are in arrears as of the Company Conversion Option Date shall be payable to the holder of the converted shares.
Company Conversion Option. If at any time after the Funding Date the last closing bid price of a share of the Company’s Common Stock as reported on the Nasdaq for ten (10) consecutive Trading Days or the average closing bid price of a share of the Company’s Common Stock as reported on the Nasdaq for the thirty Trading Days immediately preceding such date is equal to or exceeds $66.00 (the “Company Conversion Option Price” and, together with the Holder Conversion Option Price, the “Conversion Option Prices”), the Company may prepay this Note, subject to the Holder’s consent, through conversion of the then outstanding Principal Amount and/or Accrued Interest thereon into shares of the Company’s Common Stock, in whole or in part, by delivering written notice on such date (each, a “Company Conversion Date”) to the Holder specifying the Principal Amount and/or Accrued Interest thereon of this Note that the Company is so converting and the date of such conversion, which date shall not be less than three (3) Trading Days from the Company Conversion Date. The Holder shall not unreasonably withhold or delay its consent.
