Common use of Conversion Upon Certain Distributions Clause in Contracts

Conversion Upon Certain Distributions. If the Company takes any action, or becomes aware of any event, that would require an adjustment to the Conversion Rate pursuant to Sections 11.05(b), 11.05(c) or 11.05(d) (and in the case of an event described in Section 11.05(c) or Section 11.05(d), so long as the relevant dividend or distribution has a per share value exceeding 10% of the Closing Sale Price the Trading Day immediately preceding the date that such distribution was first publicly announced), then the Company shall mail to Holders, in accordance with Section 15.04 of the Base Indenture, and to the Trustee written notice of the action or event at least 30 Business Days before the record date, effective date or expiration date, as the case may be, of the relevant transaction. Holders may surrender their Securities for conversion beginning on the date the Company mails such notice until the close of business on the Business Day immediately preceding the Ex Date of the transaction or the expiration date for such transaction or until the Company announces that such transaction will not take place.

Appears in 2 contracts

Sources: Supplemental Indenture (Alpha Natural Resources, Inc.), Supplemental Indenture (Alpha Natural Resources, Inc.)