Common use of FRACTIONS OF SHARES OF COMMON STOCK Clause in Contracts

FRACTIONS OF SHARES OF COMMON STOCK. No fractional shares of Common Stock or scrip certificates in respect thereof shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities so surrendered. Instead of any fractional shares of Common Stock which would otherwise be issuable upon conversion of any Security or Securities, the Company shall pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100 of a share) in an amount in Dollars equal to the same fraction of the current market price per Common Share (calculated in accordance with Section 13.4(8) below) at the close of business on the day of conversion, or at the Company's option, the Company shall round up the conversion transaction to the next higher whole share.

Appears in 4 contracts

Samples: Indenture (MRV Communications Inc), Genesco Inc, Aspen Technology Inc /De/

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FRACTIONS OF SHARES OF COMMON STOCK. No fractional shares of Common Stock or scrip certificates in respect thereof shall be issued upon conversion of any Security or SecuritiesSecurities of any series. If more than one Security of any series shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities so surrendered. Instead of any fractional shares of Common Stock which would otherwise be issuable upon conversion of any Security or SecuritiesSecurity, the Company shall pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100 of a share) in an amount in Dollars U.S. dollars equal to the same fraction of the current market price per Common Share (calculated in accordance with Section 13.4(81504(h) belowhereof) at the close of business on the day of conversion, or at the Company's option, the Company shall round up the conversion transaction to the next higher whole share.

Appears in 1 contract

Samples: Infocure Corp

FRACTIONS OF SHARES OF COMMON STOCK. No fractional shares of Common Stock or scrip certificates in respect thereof shall be issued upon conversion of any Security or SecuritiesSecurities of any series. If more than one Security of any series shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities so surrendered. Instead of any fractional shares of Common Stock which would otherwise be issuable upon conversion of any Security or SecuritiesSecurity, the Company shall pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100 of a share) in an amount in Dollars U.S. dollars equal to the same fraction of the current market price per Common Share (calculated in accordance with Section 13.4(81405(h) belowhereof) at the close of business on the day of conversion, or at the Company's option, the Company shall round up the conversion transaction to the next higher whole share.

Appears in 1 contract

Samples: Indenture (King Pharmaceuticals Inc)

FRACTIONS OF SHARES OF COMMON STOCK. No fractional shares of Common Stock or scrip certificates in respect thereof shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities so surrendered. Instead of any fractional shares of Common Stock which would otherwise be issuable upon conversion of any Security or Securities, the Company shall pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100 of a share) in an amount in Dollars equal to the same fraction of the current market price per Common Share (calculated in accordance with Section 13.4(814.4(h) below) at the close of business on the day of conversion, or at the Company's option, the Company shall round up the conversion transaction to the next higher whole share.

Appears in 1 contract

Samples: Apria Healthcare Group Inc

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FRACTIONS OF SHARES OF COMMON STOCK. No fractional shares of Common Stock or scrip certificates in respect thereof shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities so surrendered. Instead of any fractional shares of Common Stock which would otherwise be issuable upon conversion of any Security or Securities, the Company shall pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100 of a share) in an amount in Dollars equal to the same fraction of the current market price per share of Common Share Stock (calculated in accordance with Section 13.4(812.04(h) below) at the close of business on the day of conversion, or alternatively, at the Company's option, the Company shall round up the conversion transaction to the next higher whole share.

Appears in 1 contract

Samples: Rite Aid Corp

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