Common use of Conversion Right and Conversion Price Clause in Contracts

Conversion Right and Conversion Price. Subject to and upon compliance with the provisions of this Article, at the option of the Holder thereof, any Security or any portion of the principal amount thereof which is $1,000 or an integral multiple of $1,000 may be converted at the principal amount thereof, or of such portion thereof, into duly authorized, fully paid and nonassessable shares of Common Stock, at the Conversion Price, determined as hereinafter provided, in effect at the time of conversion. Such conversion right shall expire at the close of business on June 30, 2010. In case a Security or portion thereof is called for redemption, such conversion right in respect of the Security or the portion so called, shall expire at the close of business on the second Business Day preceding the Redemption Date, unless the Company defaults in making the payment due upon redemption. In the case of a Change of Control for which the Holder exercises its Repurchase Right with respect to a Security or portion thereof, such conversion right in respect of the Security or portion thereof shall expire at the close of business on the Business Day immediately preceding the Repurchase Date. The price at which shares of Common Stock shall be delivered upon conversion (the “Conversion Price”) shall be initially equal to $11.35 per share of Common Stock. The Conversion Price shall be adjusted in certain instances as provided in paragraphs (a), (b), (c), (d), (e), (f), (h) and (i) of Section 12.4 hereof.

Appears in 2 contracts

Samples: Indenture (Nektar Therapeutics), Indenture (Nektar Therapeutics)

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Conversion Right and Conversion Price. Subject to and upon compliance with the provisions of this Article, at the option of the Holder thereof, any Security or any portion of the principal amount thereof which is $1,000 or an integral multiple of $1,000 may be converted at the principal amount thereof, or of such portion thereof, into the number of duly authorized, fully paid and nonassessable shares of Common Stock, at Stock obtained by dividing the aggregate principal amount of such Security (or portion thereof) surrendered for conversion by the Conversion Price, determined as hereinafter provided, in effect at the time of conversion. Such conversion right shall expire at the close of business on June 30February 14, 20102011. In case a Security or portion thereof is called for redemption, such conversion right in respect of the Security or the portion so called, shall expire at the close of business on the second Business Day immediately preceding the Redemption Dateredemption date, unless the Company defaults in making the payment due upon redemption. In the case of a Change of Control for which the Holder exercises its Repurchase Right with in respect to of a Security or portion thereof, such conversion right in respect of the Security or portion thereof shall expire at the close of business on the Business Day immediately preceding the Repurchase Date. The price at which shares of Common Stock shall be delivered upon conversion (the “Conversion Price”) shall be initially equal to $11.35 14.94 per share of Common Stock. The Conversion Price shall be adjusted in certain instances as provided in paragraphs (a), (b), (c), (d), (e), (f), (h) and (il) of Section 12.4 hereof.

Appears in 2 contracts

Samples: Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Vertex Pharmaceuticals Inc / Ma)

Conversion Right and Conversion Price. Subject to and upon compliance with the provisions of this Article, at the option of the Holder thereof, any Security Outstanding Note or any portion of the principal amount thereof which is $1,000 or an integral multiple of $1,000 may be converted at the principal amount thereof, or of such portion thereof, into duly authorized, fully paid and nonassessable shares of Common Stock, at the Conversion Price, determined as hereinafter provided, in effect at the time of conversion. Such conversion right shall expire at the close of business on June 30the Business Day immediately preceding September 1, 20102008 unless the Notes or a portion thereof are called for redemption or are repurchased. In case a Security Note or portion thereof is called for redemption, such conversion right in respect of the Security Note or the portion so called, shall expire at the close of business on the second Business Day immediately preceding the Redemption Date, unless the Company defaults in making the payment due upon redemption. In the case of a Change of Control for which the Holder exercises its Repurchase Right with respect to a Security Note or portion thereof, such conversion right in respect of the Security Note or portion thereof shall expire at the close of business on the Business Day immediately preceding the Repurchase Date. The price rate at which shares of Common Stock shall be delivered upon conversion (the “Conversion PriceRate”) shall be initially equal to 108.8329 shares per $11.35 per share 1,000 principal amount of Common StockNotes. The Conversion Price of the Notes (the “Conversion Price”) shall equal $1,000 divided by the Conversion Rate (rounded to the nearest cent). The Conversion Price shall be adjusted in certain instances as provided in paragraphs (a), (b), (c), (d), (e), (f), (h) and (i) of Section 12.4 hereof.

Appears in 1 contract

Samples: Indenture (Ciphergen Biosystems Inc)

Conversion Right and Conversion Price. Subject to and upon compliance with the provisions of this Article, at the option of the Holder thereof, any Security or any portion of the principal amount thereof which is $1,000 or an integral multiple of $1,000 may be converted at the principal amount thereof, or of such portion thereof, into the number of duly authorized, fully paid and nonassessable shares of Common Stock, at Stock obtained by dividing the aggregate principal amount of such Security (or portion thereof) surrendered for conversion by the Conversion Price, determined as hereinafter provided, in effect at the time of conversion. Such conversion right shall expire at the close of business on June 30March 1, 20102007. In case a Security or portion thereof is called for redemption, such conversion right in respect of the Security or the portion so called, shall expire at the close of business on the second Business Day preceding the Redemption Date, unless the Company defaults in making the payment due upon redemption. In the case of a Change of Control for which the Holder exercises its Repurchase Right with respect to a Security or portion thereof, such conversion right in respect of the Security or portion thereof shall expire at the close of business on the Business Day immediately preceding the Repurchase Date. The price at which shares of Common Stock shall be delivered upon conversion (the "Conversion Price") shall be initially equal to $11.35 63.84 per share of Common Stock. The Conversion Price shall be adjusted in certain instances as provided in paragraphs (a), (b), (c), (d), (e), (f), (h) and (i1) of Section 12.4 hereof.

Appears in 1 contract

Samples: Indenture (Cv Therapeutics Inc)

Conversion Right and Conversion Price. Subject to and upon compliance with the provisions of this Article, at the option of the Holder thereof, any Security Note or any portion of the principal amount thereof which is $1,000 or an integral multiple of $1,000 may be converted at the principal amount thereof, or of such portion thereof, into duly authorized, fully paid and nonassessable shares of, at the option of the Holder, Class A Common Stock or Class B Common Stock, at the Conversion Price, determined as hereinafter provided, in effect at the time of conversion. Such conversion right shall expire at the close of business on June 30, 2010the final maturity date of the Notes. In case a Security Note or portion thereof is called for redemption, such conversion right in respect of the Security Note or the portion so called, shall expire at the close of business on the second Business Day preceding the Redemption Date, unless the Company defaults Issuers default in making the payment due upon redemption. In the case of a Change of Control for which the Holder exercises its Repurchase Right repurchase right with respect to a Security Note or portion thereof, such conversion right in respect of the Security Note or portion thereof shall expire at the close of business on the Business Day immediately preceding the Change of Control Repurchase Date. The price at which shares of Common Stock shall be delivered upon conversion (the "Conversion Price") shall be initially equal to $11.35 14.30 per share of Common Stock. The Conversion Price shall be adjusted in certain instances as provided in paragraphs (a), (b), (c), (d), (e), (f), (h) and (i) of Section 12.4 10.04 hereof.

Appears in 1 contract

Samples: Freeport McMoran Copper & Gold Inc

Conversion Right and Conversion Price. Subject to and ------------------------------------- upon compliance with the provisions of this Article, at the option of the Holder thereof, any Security Note or any portion of the principal amount thereof which is $1,000 or an integral multiple of $1,000 may be converted at the principal amount thereof, or of such portion thereof, into duly authorized, fully paid and nonassessable shares of Common Stock, at the Conversion Price, determined as hereinafter provided, in effect at the time of conversion. Such conversion right shall expire at the close of business on June 30July 3, 20102008. In case a Security Note or portion thereof is called for redemption, such conversion right in respect of the Security Note or the portion so called, shall expire at the close of business on the second Business Day preceding the Redemption Date, unless the Company defaults in making the payment due upon redemption. In the case of a Change of in Control for which the Holder exercises its Repurchase Right repurchase right with respect to a Security Note or portion thereof, such conversion right in respect of the Security Note or portion thereof shall expire at the close of business on the Business Day immediately preceding the Change in Control Repurchase Date. The price at which shares of Common Stock shall be delivered upon conversion (the "Conversion Price") shall be initially equal to $11.35 15.18 per share of Common Stock. The Conversion Price shall be adjusted in certain instances as provided in paragraphs (a), (b), (c), (d), (e), (f), (h) and (i) of Section 12.4 10.04 and Section 10.12 hereof.

Appears in 1 contract

Samples: Asyst Technologies Inc /Ca/

Conversion Right and Conversion Price. Subject to and upon compliance with the provisions of this Article, at the option of the Holder thereof, any Security Debenture or any portion of the principal amount thereof which is $1,000 or an integral multiple of $1,000 may be converted at the principal amount thereof, or of such portion thereof, into duly authorized, fully paid and nonassessable shares of Common Stock, at the Conversion Price, determined as hereinafter provided, in effect at the time of conversion. Such conversion right shall expire at the close of business on June 30_______, 2010. In case a Security Debenture or portion thereof is called for redemption, such conversion right in respect of the Security Debenture or the portion so called, shall expire at the close of business on the second Business Day preceding the Redemption Date, unless the Company defaults in making the payment due upon redemption. In the case of a Change of in Control for which the Holder exercises its Repurchase Right repurchase right with respect to a Security Debenture or portion thereof, such conversion right in respect of the Security Debenture or portion thereof shall expire at the close of business on the Business Day immediately preceding the Repurchase Date. The price at which shares of Common Stock shall be delivered upon conversion (the "Conversion Price") shall be initially equal to $11.35 _________ per share of Common Stock. The Conversion Price shall be adjusted in certain instances as provided in paragraphs (a), (b), (c), (d), (e), (f), (h) and (i1) of Section 12.4 5.04 hereof.

Appears in 1 contract

Samples: Kerr McGee Corp

Conversion Right and Conversion Price. Subject to and upon compliance with the provisions of this Article, at the option of the Holder thereof, any Security or any portion of the principal amount thereof which is $1,000 or an integral multiple of $1,000 may be converted at the principal amount thereof, or of such portion thereof, into the number of duly authorized, fully paid and nonassessable shares of Common Stock, at Stock obtained by dividing the aggregate principal amount of such Security (or portion thereof) surrendered for conversion by the Conversion Price, determined as hereinafter provided, in effect at the time of conversion. Such conversion right shall expire at the close of business on June 30March 14, 20102007. In case a Security or portion thereof is called for redemption, such conversion right in respect of the Security or the portion so called, shall expire at the close of business on the second Business Day immediately preceding the Redemption Date, unless the Company defaults in making the payment due upon redemption. In the case of a Change of Control for which the Holder exercises its Repurchase Right with in respect to of a Security or portion thereof, such conversion right in respect of the Security or portion thereof shall expire at the close of business on the Business Day immediately preceding the Repurchase Date. The price at which shares of Common Stock shall be delivered upon conversion (the "Conversion Price") shall be initially equal to $11.35 80.64 per share of Common Stock. The Conversion Price shall be adjusted in certain instances as provided in paragraphs (a), (b), (c), (d), (e), (f), (h) and (il) of Section 12.4 hereof.

Appears in 1 contract

Samples: Indenture (Vertex Pharmaceuticals Inc / Ma)

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Conversion Right and Conversion Price. Subject to and upon compliance with the provisions of this Article, at the option of the Holder thereof, any Security Note or any portion of the principal amount thereof which is $1,000 or an integral a whole multiple of $1,000 may be converted (the "Conversion Right") at the principal amount thereof, or of such portion thereof, into duly authorized, fully paid and nonassessable shares of Common Stock, at the Conversion Price, determined as hereinafter provided, in effect at the time of conversion. Such conversion right The Conversion Right shall expire expire, subject to the immediately following paragraph, at the close of business on June 30, 2010the date of the Stated Maturity of the Notes. In case a Security Note or portion thereof is called for redemption, such conversion right the Conversion Right in respect of the Security Note or the portion so called, called shall expire at the close of business on the second Business Day immediately preceding the Redemption Date, unless the Company defaults in making the payment due upon redemption. In the case of a Change of in Control for which the Holder exercises its Repurchase Right repurchase right with respect to a Security Note or portion thereof, such conversion right the Conversion Right in respect of the Security Note or portion thereof shall expire at the close of business on the Business Day immediately preceding the Change in Control Repurchase Date. The price at which shares of Common Stock shall be delivered upon conversion (the "Conversion Price") shall be initially equal to $11.35 38.51 per share of Common Stock. The Conversion Price shall be adjusted in certain instances as provided in paragraphs (a), (b), (c), (d), (e), (f), (h) and (i) of Section 12.4 10.04 and Section 10.12 hereof.

Appears in 1 contract

Samples: Indenture (Veeco Instruments Inc)

Conversion Right and Conversion Price. Subject to and upon compliance with the provisions of this Article, at the option of the Holder thereof, any Security Note or any portion of the principal amount thereof which is $1,000 or an integral multiple of $1,000 may be converted at the principal amount thereof, or of such portion thereof, into duly authorized, fully paid and nonassessable shares of Common Stock, at the Conversion Price, determined as hereinafter provided, in effect at the time of conversion. Such conversion right shall expire at the close of business on June 30February 1, 20102009. In case a Security Note or portion thereof is called for redemption, such conversion right in respect of the Security Note or the portion so called, shall expire at the close of business on the second Business Day immediately preceding the Redemption Date, unless the Company defaults in making the payment due upon redemptionof the Redemption Price due. In the case of a Change of Control for which the Holder exercises its Repurchase Right repurchase right with respect to a Security Note or portion thereof, such conversion right in respect of the Security Note or portion thereof shall expire at the close of business on the Business Day immediately preceding the Change of Control Repurchase Date, unless the Company defaults in the payment of the Change of Control Repurchase Price due. The price at which shares of Common Stock shall be delivered to a Holder upon conversion of Notes pursuant to this Article 10 (the "Conversion Price") shall initially be initially equal to $11.35 50.00 per share of Common Stock. The Conversion Price shall be adjusted in certain instances as provided in paragraphs (a), (b), (c), (d), (e), (f), (g), (h) and (i) of Section 12.4 10.04 hereof.

Appears in 1 contract

Samples: Osi Pharmaceuticals Inc

Conversion Right and Conversion Price. Subject to and upon compliance with the provisions of this Article, at the option of the Holder thereof, any Security or any portion of the principal amount thereof which is $1,000 or an integral multiple of $1,000 may be converted at the principal amount thereof, or of such portion thereof, into the number of duly authorized, fully paid and nonassessable shares of Common Stock, at Stock obtained by dividing the aggregate principal amount of such Security (or portion thereof) surrendered for conversion by the Conversion Price, determined as hereinafter provided, in effect at the time of conversion. Such conversion right shall expire at the close of business on June 30September 19, 20102007. In case a Security or portion thereof is called for redemption, such conversion right in respect of the Security or the portion so called, shall expire at the close of business on the second Business Day immediately preceding the Redemption Date, unless the Company defaults in making the payment due upon redemption. In the case of a Change of Control for which the Holder exercises its Repurchase Right with in respect to of a Security or portion thereof, such conversion right in respect of the Security or portion thereof shall expire at the close of business on the Business Day immediately preceding the Repurchase Date. The price at which shares of Common Stock shall be delivered upon conversion (the "Conversion Price") shall be initially equal to $11.35 92.26 per share of Common Stock. The Conversion Price shall be adjusted in certain instances as provided in paragraphs (a), (b), (c), (d), (e), (f), (h) and (il) of Section 12.4 hereof.

Appears in 1 contract

Samples: Indenture (Vertex Pharmaceuticals Inc / Ma)

Conversion Right and Conversion Price. Subject to and upon compliance with the provisions of this ArticleArticle V, at the option of the Holder thereof, any Security Note or any portion of the principal amount thereof which is $1,000 or an integral multiple of $1,000 may be converted at the principal amount thereof, or of such portion thereof, into duly authorized, fully paid and nonassessable shares of Common StockStock (calculated as to each conversion to the nearest 1/100 of a share), at the Conversion Price, determined as hereinafter provided, in effect at the time of conversion. Such conversion right shall expire at the close of business on June 30, 2010the Business Day immediately preceding Maturity. In case a Security Note or portion thereof is called for redemption, such conversion right in respect of the Security Note or the portion so called, shall expire at the close of business on the second Business Day immediately preceding the Redemption Date, unless the Company defaults in making the payment due upon redemption. In the case of a Change of in Control for which the Holder exercises its Repurchase Right repurchase right with respect to a Security Note or portion thereof, such conversion right in respect of the Security Note or portion thereof shall expire at the close of business on the Business Day immediately preceding the Repurchase Date; provided, however, that if a Holder has previously given notice of the Holder's exercise of its repurchase right with respect to such Note, such notice shall be deemed withdrawn in connection with any such conversion. The price at which shares of Common Stock shall be delivered upon conversion (the "Conversion Price") shall be initially equal to $11.35 40 per share of Common Stock. The Conversion Price shall be adjusted in certain instances as provided in paragraphs (a), (b), (c), (d), (e), (f), (h) and (i1) of Section 12.4 hereof5.04 of this Supplemental Indenture.

Appears in 1 contract

Samples: Continental Airlines Inc /De/

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