Common use of Distribution of Indebtedness, Securities or Assets Clause in Contracts

Distribution of Indebtedness, Securities or Assets. In case the Company shall, by dividend or otherwise, distribute to all or substantially all holders of Common Stock evidences of its indebtedness, property or assets, including rights, warrants, options or other securities (provided, that if these rights are only exercisable upon the occurrence of specified triggering events, then the Conversion Rate will not be adjusted until the triggering events occur), but excluding (1) any dividends or distributions referred to in clause (i) of this Section 4.05(a), (2) any rights, warrants or options referred to in clause (ii) of this Section 4.05(a) and (3) any dividends or distributions paid exclusively in cash described in clause (vi) of this Section 4.05(a) (the “Distributed Assets”), then the Conversion Rate shall be adjusted so that the same shall equal the rate determined by multiplying the Conversion Rate in effect immediately prior to the close of business on the record date fixed for the determination of stockholders entitled to receive such distribution by a fraction:

Appears in 4 contracts

Samples: Intercreditor Agreement (FiberTower CORP), Intercreditor Agreement (FiberTower CORP), Intercreditor Agreement (FiberTower CORP)

AutoNDA by SimpleDocs

Distribution of Indebtedness, Securities or Assets. In case the Company shall, by dividend or otherwise, distribute to all or substantially all holders of its Common Stock evidences of its indebtedness, property securities, assets or assets, including rights, warrants, options or other certain rights to purchase the Company’s securities (provided, that if these rights are only exercisable upon the occurrence of specified triggering events, then the Conversion Rate conversion rate will not be adjusted until the triggering events occur), but excluding (1i) any dividends or distributions referred to in clause (i1) or (5) of this Section 4.05(a14.06(a), (2ii) any rights, rights or warrants or options referred to in clause (ii2) of this Section 4.05(a) and 14.06(a), (3iii) any dividends or distributions paid exclusively in cash described in clause (vi6), (7) or (8) of this Section 4.05(a14.06(a) (the “Distributed Assets”), then the Conversion Rate shall be adjusted so that the same shall equal the rate determined by multiplying the Conversion Rate in effect immediately prior to the close of 60 business on the record date fixed for the determination of stockholders entitled to receive such distribution by a fraction:

Appears in 2 contracts

Samples: Indenture (Nii Holdings Inc), Indenture (Nii Holdings Inc)

Distribution of Indebtedness, Securities or Assets. In case the Company shall, by dividend or otherwise, distribute to all or substantially all holders of its Common Stock evidences of its indebtedness, property securities, assets or assets, including rights, warrants, options or other certain rights to purchase the Company’s securities (provided, that if these rights are only exercisable upon the occurrence of specified triggering events, then the Conversion Rate will not be adjusted until the triggering events occur), but excluding (1i) any dividends or distributions referred to in clause (i1) of this Section 4.05(a13.05(a), (2ii) any rights, rights or warrants or options referred to in clause (ii2) of this Section 4.05(a) and 13.05(a), (3iii) any dividends or distributions paid exclusively in cash described in clause (vi5) of this Section 4.05(a13.05(a) (the “Distributed Assets”), then the Conversion Rate shall be adjusted so that the same shall equal the rate determined by multiplying the Conversion Rate in effect immediately prior to the close of business on the record date fixed for the determination of stockholders entitled to receive such distribution by a fraction:

Appears in 1 contract

Samples: Supplemental Indenture (Broadwing Corp)

Distribution of Indebtedness, Securities or Assets. In case the Company shall, by dividend or otherwise, distribute to all or substantially all holders of its Common Stock evidences of its indebtedness, property securities, assets or assets, including rights, warrants, options or other certain rights to purchase the Company’s securities (provided, that if these rights are only exercisable upon the occurrence of specified triggering events, then the Conversion Rate conversion rate will not be adjusted until the triggering events occur), but excluding (1i) any dividends or distributions referred to in clause (i1) of this Section 4.05(a8.05(a), (2ii) any rights, rights or warrants or options referred to in clause (ii2) of this Section 4.05(a) and 8.05(a), (3iii) any dividends or distributions paid exclusively in cash described in clause (vi6), (7) or (8) of this Section 4.05(a8.05(a) (the “Distributed Assets”), then the Conversion Rate shall be adjusted so that the same shall equal the rate determined by multiplying the Conversion Rate in effect immediately prior to the close of business on the record date fixed for the determination of stockholders entitled to receive such distribution by a fraction:

Appears in 1 contract

Samples: Indenture (Fti Consulting Inc)

AutoNDA by SimpleDocs

Distribution of Indebtedness, Securities or Assets. In case the Company shall, by dividend or otherwise, distribute to all or substantially all holders of its Common Stock evidences of its indebtedness, property securities, assets or assets, including rights, warrants, options or other certain rights to purchase the Company’s securities (provided, that if these rights are only exercisable upon the occurrence of specified triggering events, then the Conversion Rate conversion rate will not be adjusted until the triggering events occur), but excluding (1i) any dividends or distributions referred to in clause (i1) or (5) of this Section 4.05(a14.06(a), (2ii) any rights, rights or warrants or options referred to in clause (ii2) of this Section 4.05(a) and 14.06(a), (3iii) any dividends or distributions paid exclusively in cash described in clause (vi6), (7) or (8) of this Section 4.05(a14.06(a) (the “Distributed Assets”), then the Conversion Rate shall be adjusted so that the same shall equal the rate determined by multiplying the Conversion Rate in effect immediately prior to the close of business on the record date fixed for the determination of stockholders entitled to receive such distribution by a fraction:

Appears in 1 contract

Samples: Indenture (Nii Holdings Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.