Common use of Conversion Privilege; Conversion Rate Clause in Contracts

Conversion Privilege; Conversion Rate. Prior to the Close of Business at Stated Maturity, so long as one or more of the conditions set forth in Section 402(a) is satisfied, the Holder of any Subordinated Debenture is entitled at such Holder's option to convert such Subordinated Debenture or any portion of such Subordinated Debenture the principal amount of which is $1,000 or an integral multiple thereof, into that number of fully paid and non-assessable Common Shares determined using the Conversion Rate then in effect by surrender of the Subordinated Debenture to be converted in whole or in part in the manner provided in Section 403. In case a Subordinated Debenture or portion thereof is called for redemption, such conversion right in respect of the Subordinated Debenture or portion so called shall expire immediately prior to the Close of Business on the last Business Day prior to the Redemption Date, unless the Company defaults in making the payment due upon such redemption. In case a Change in Control Purchase Notice has been delivered with respect to such Subordinated Debenture or a portion thereof, such conversion right in respect of the Subordinated Debenture or portion thereof subject to such notice cannot be exercised unless such Change in Control Purchase Notice has been withdrawn in accordance with the provisions of the Indenture prior to the Close of Business on the Change in Control Purchase Date.

Appears in 1 contract

Sources: First Supplemental Indenture (Inco LTD)

Conversion Privilege; Conversion Rate. Prior to the Close of Business at Stated Maturity, so long as one or more of the conditions set forth in Section 402(a) is satisfied, the Holder of any Subordinated Debenture is entitled at such Holder's option to convert such Subordinated Debenture or any portion of such Subordinated Debenture the principal amount Amount Payable at Maturity of which is $1,000 or an integral multiple thereof, into that number of fully paid and non-assessable Common Shares determined using the Conversion Rate then in effect by surrender of the Subordinated Debenture to be converted in whole or in part in the manner provided in Section 403. In case a Subordinated Debenture or portion thereof is called for redemption, such conversion right in respect of the Subordinated Debenture or portion so called shall expire immediately prior to the Close of Business on the last Business Day prior to the Redemption Date, unless the Company defaults in making the payment due upon such redemption. In case a Holder Redemption Notice or a Change in Control Purchase Notice has been delivered with respect to such Subordinated Debenture or a portion thereof, such conversion right in respect of the Subordinated Debenture or portion thereof subject to such notice cannot be exercised unless such Holder Redemption Notice or Change in Control Purchase Notice has been withdrawn in accordance with the provisions of the Indenture prior to the Close of Business on the Holder Redemption Date or the Change in Control Purchase Date, as the case may be.

Appears in 1 contract

Sources: First Supplemental Indenture (Inco LTD)