Common use of Conversion of Stock into Common Stock Clause in Contracts

Conversion of Stock into Common Stock. It is understood and agreed that the Depositary Shares are not convertible into the Common Stock, par value $1.00 per share, of the Company (the "Common Stock") or any other securities or property of the Company. Nevertheless, as a matter of convenience, the Company hereby agrees to accept (or to cause its conversion agent to accept) the delivery of Receipts for the purpose of effecting conversions of the Stock utilizing the same procedures as those provided for delivery of Stock certificates to effect such conversions in accordance with the terms and conditions of the Certificate; provided, however, that only whole Depositary Shares may be so submitted for conversion. If fewer than all of the Depositary Shares evidenced by a Receipt are to be converted, the Company shall instruct the Depositary to issue a new Receipt or Receipts for the Depositary Shares not to be converted. For this purpose, a holder of a Receipt or Receipts may surrender such Receipt or Receipts to the Company at the Depositary's Office or at such other office as the Company may from time to time designate for such purpose, together with a duly completed and executed Notice of Conversion in the form included in the Receipt. In all cases, the foregoing shall be conditioned upon compliance in full by the holder of such Receipt or Receipts with the terms and conditions of the Certificate and of this Deposit Agreement. The Company shall instruct the Depositary to cancel each Receipt surrendered for such conversion and to deliver to the Company any certificates for related Stock so converted, and the Company will cancel such Stock certificates.]

Appears in 2 contracts

Samples: Deposit Agreement (Fuller H B Co), Deposit Agreement (Dayton Hudson Corp)

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Conversion of Stock into Common Stock. It is understood and agreed that the Depositary Shares are not convertible into the Common Stock, par value $1.00 per share, of the Company (the "Common Stock") or any other securities or property of the Company. Nevertheless, as a matter of convenience, the The Company hereby agrees to accept (or to cause its conversion agent to accept) the delivery of Receipts for the purpose purposes of effecting conversions of the Deposited Stock utilizing the same procedures as those provided for delivery of certificates for the Stock certificates to effect such conversions in accordance with the terms and conditions of the Certificate; provided, however, that only Stock as provided in the Certificate of Designation. Any whole number of Depositary Shares (whether or not evenly divisible by 16) represented by a Receipt may be so submitted surrendered for conversion. If fewer than all of the Depositary Shares evidenced represented by a Receipt are to be convertedconverted in part only, the Company shall instruct the Depositary to issue a new Receipt or Receipts will be issued by the Depositary for the Depositary Shares not to be converted. No fractional shares of Common Stock will be issued upon conversion, and if such conversion will result in a fractional share being issued, an amount will be paid in cash by the Company equal to the value of the fractional interest based upon the closing price of the Common Stock on the last business day prior to the conversion. For this purpose, a holder of a Receipt or Receipts may must surrender such Receipt or Receipts to the Company at the Depositary's Office or at such other office as the Company may from time to time designate for such purposeCompany, together with a duly completed and executed Notice of Conversion in the form included in the Receipt. In all cases, cases the foregoing shall be conditioned upon compliance in full by the holder of such Receipt or Receipts with the terms and conditions of the Certificate and of this Deposit Agreement. The Company shall instruct the Depositary to cancel each Receipt surrendered for such conversion and to deliver to the Company any certificates for related Stock so converted, and the Company will cancel such Stock certificates.]upon

Appears in 1 contract

Samples: Deposit Agreement (Nationsbank Corp)

Conversion of Stock into Common Stock. It is understood and agreed that the Depositary Shares are not convertible into the Common Stock, par value $1.00 -6- 10 per share, of the Company (the "Common Stock") or any other securities or property of the Company. Nevertheless, as a matter of convenience, the Company hereby agrees to accept (or to cause its conversion agent to accept) the delivery of Receipts for the purpose of effecting conversions of the Stock utilizing the same procedures as those provided for delivery of Stock certificates to effect such conversions in accordance with the terms and conditions of the Certificate; provided, however, that only whole Depositary Shares may be so submitted for conversion. If fewer than all of the Depositary Shares evidenced by a Receipt are to be converted, the Company shall instruct the Depositary to issue a new Receipt or Receipts for the Depositary Shares not to be converted. For this purpose, a holder of a Receipt or Receipts may surrender such Receipt or Receipts to the Company at the Depositary's Office or at such other office as the Company may from time to time designate for such purpose, together with a duly completed and executed Notice of Conversion in the form included in the Receipt. In all cases, the foregoing shall be conditioned upon compliance in full by the holder of such Receipt or Receipts with the terms and conditions of the Certificate and of this Deposit Agreement. The Company shall instruct the Depositary to cancel each Receipt surrendered for such conversion and to deliver to the Company any certificates for related Stock so converted, and the Company will cancel such Stock certificates.]

Appears in 1 contract

Samples: Deposit Agreement (Infocure Corp)

Conversion of Stock into Common Stock. It is understood and agreed that the Depositary Shares are not convertible into the Common Stock, par value $1.00 .01 per share, of the Company (the "Common Stock") or any other securities or property of the Company. Nevertheless, as a matter of convenience, the Company hereby agrees to accept (or to cause its conversion agent to accept) the delivery of Receipts for the purpose of effecting conversions of the Stock utilizing the same procedures as those provided for delivery of Stock certificates to effect such conversions in accordance with the terms and conditions of the Certificate; providedPROVIDED, howeverHOWEVER, that only whole Depositary Shares may be so submitted for conversion. If fewer than all of the Depositary Shares evidenced by a Receipt are to be converted, the Company shall instruct the Depositary to issue a new Receipt or Receipts for the Depositary Shares not to be converted. For this purpose, a holder of a Receipt or Receipts may surrender such Receipt or Receipts to the Company at the Depositary's Office or at such other office as the Company may from time to time designate for such purpose, together with a duly completed and executed Notice of Conversion in the form included in the Receipt. In all cases, the foregoing shall be conditioned upon compliance in full by the holder of such Receipt or Receipts with the terms and conditions of the Certificate and of this Deposit Agreement. The Company shall instruct the Depositary to cancel each Receipt surrendered for such conversion and to deliver to the Company any certificates for related Stock so converted, and the Company will cancel such Stock certificates.]

Appears in 1 contract

Samples: Deposit Agreement (Fingerhut Companies Inc)

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Conversion of Stock into Common Stock. It is understood and agreed that the Depositary Shares are not convertible into the Common Stock, par value $1.00 0.01 per share, of the Company (the "Common Stock") or any other securities or property of the Company. Nevertheless, as a matter of convenience, the Company hereby agrees to accept (or to cause its conversion agent to accept) the delivery of Receipts for the purpose of effecting conversions of the Stock utilizing the same procedures as those provided for delivery of Stock certificates to effect such conversions in accordance with the terms and conditions of the Certificate; provided, however, that only whole Depositary Shares may be so submitted for conversion. If fewer than all of the Depositary Shares evidenced by a Receipt are to be converted, the Company shall instruct the Depositary to issue a new Receipt or Receipts for the Depositary Shares not to be converted. For this purpose, a holder of a Receipt or Receipts may surrender such Receipt or Receipts to the Company at the Depositary's Office or at such other office as the Company may from time to time designate for such purpose, together with a duly completed and executed Notice of Conversion in the form included in the Receipt. In all cases, the foregoing shall be conditioned upon compliance in full by the holder of such Receipt or Receipts with the terms and conditions of the Certificate and of this Deposit Agreement. The Company shall instruct the Depositary to cancel each Receipt surrendered for such conversion and to deliver to the Company any certificates for related Stock so converted, and the Company will cancel such Stock certificates.]

Appears in 1 contract

Samples: Deposit Agreement (Indymac Capital Trust Iv)

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