Common use of Fractions of Shares Clause in Contracts

Fractions of Shares. No fractional shares of Common Stock 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at the close of business on the day of conversion.

Appears in 27 contracts

Samples: Indenture (Analog Devices Inc), Indenture (Exodus Communications Inc), Indenture (Medarex Inc)

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Fractions of Shares. No fractional shares of Common Stock 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share daily closing price per share of Common Stock (consistent with Section 14.04(6) below) at the close of business on the day of conversion.

Appears in 19 contracts

Samples: Indenture (Susquehanna Capital IV), Indenture (FMC Corp), Indenture (FMC Corp)

Fractions of Shares. No fractional shares of Common Stock 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share daily closing price per share of Common Stock (consistent with Section 15.04(6) below) at the close of business on the day of conversion.

Appears in 19 contracts

Samples: Indenture (Aqua America Inc), Indenture (Aqua America Inc), Indenture (Teucarrier (No. 3) Corp.)

Fractions of Shares. No fractional shares of Common Stock 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at the close of business on the day of conversion.

Appears in 14 contracts

Samples: Indenture (Chiron Corp), Indenture (Advanced Energy Industries Inc), Teradyne Inc

Fractions of Shares. No fractional shares of Common Stock 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share market price per share of Common Stock (as determined by the Board of Directors or in any manner prescribed by the Board of Directors) at the close of business on the day of conversion.

Appears in 14 contracts

Samples: Senior Note Agreement (Dynex Capital Inc), Indenture (Analog Devices Inc), Reconciliation And (Mindspring Enterprises Inc)

Fractions of Shares. No fractional shares of Common Stock 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 issued upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable issued upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one-100th of a share) in an amount equal to the same fraction of the Closing Quoted Price Per Share at of the close Common Stock as of business on the day Trading Day preceding the date of conversion.

Appears in 12 contracts

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

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security Note or SecuritiesNotes. If more than one Security Note shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable issued upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities Notes (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable issued upon conversion of any Security Note or Securities Notes (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one-100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at quoted price of the close Common Stock as of business on the day Trading Day preceding the date of conversion.

Appears in 9 contracts

Samples: Indenture (Freeport McMoran Copper & Gold Inc), Indenture (McMoran Exploration Co /De/), McMoran Exploration Co /De/

Fractions of Shares. No fractional shares of Common Stock 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 that shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share per share of the Common Stock at the close of business on the day of conversionTrading Day immediately preceding such day.

Appears in 8 contracts

Samples: Indenture (Transwitch Corp /De), Transwitch Corp /De, Indenture (Interliant Inc)

Fractions of Shares. No fractional shares of Common Stock 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Sale Price Per Share at the close of business on the day of conversion.

Appears in 7 contracts

Samples: Tia     Indenture (Solectron Corp), Indenture (Epix Medical Inc), Indenture (Mercury Computer Systems Inc)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or SecuritiesNotes. If more than one Security Note shall be surrendered for conversion at one time by the same Holder, the number of full shares which that shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities Notes (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security or Securities Note (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share per share of the Common Stock at the close of business on the day of conversionTrading Day immediately preceding such day.

Appears in 4 contracts

Samples: Registration Rights Agreement (Chindex International Inc), Securities Purchase Agreement (Wilson Holdings, Inc.), Securities Purchase Agreement (Wilson Holdings, Inc.)

Fractions of Shares. No fractional shares of Common Stock 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 that shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Average Sales Price Per Share at the close of business on the day of conversion.

Appears in 4 contracts

Samples: Indenture Agreement (Protein Design Labs Inc/De), Asm International N V, Cell Therapeutics Inc

Fractions of Shares. No fractional shares of Common Stock 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to based on the same fraction Last Reported Sale Price of the Closing Price Per Share at the close of business Common Stock on the day of conversionConversion Date or if the Conversion Date is not on a Trading Day, the next following Trading Day.

Appears in 3 contracts

Samples: Supplemental Indenture (E Trade Financial Corp), Supplemental Indenture (E Trade Financial Corp), Indenture (Usec Inc)

Fractions of Shares. No fractional shares of Common Stock 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 issued upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable issued upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one-100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at of the close Common Stock as of business on the day Trading Day preceding the date of conversion.

Appears in 3 contracts

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

Fractions of Shares. No fractional shares of Common Stock 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share daily closing price per share of Common Stock (consistent with Section 13.04(6) below) at the close of business on the day of conversion.

Appears in 3 contracts

Samples: Jefferies Group Inc /De/, Payton Shipping Corp., Jefferies Group Inc /De/

Fractions of Shares. No fractional shares of Common Stock 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 that shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at the close of business on the day of conversion.

Appears in 3 contracts

Samples: Epicept Corporation (Epicept Corp), Epicept Corporation (Epicept Corp), Epicept Corp

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security Debenture or SecuritiesDebentures. If more than one Security (1) Debenture shall be surrendered for conversion at one time (or substantially at the same time) by the same Holderholder, 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 (or specified portions thereof) Debentures so surrendered. Instead In place of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security Debenture or Securities (or specified portions thereof)Debentures, the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one one-hundredth (1/100th) of a share) in an amount equal to the same fraction of the Closing Price Per Share current market price per share of Common Stock (calculated in accordance with Section 15.4(8) below) at the close of business on the day of conversion.

Appears in 3 contracts

Samples: Debenture Purchase Agreement (Orion Newco Services Inc), Registration Rights Agreement (Orion Newco Services Inc), Registration Rights Agreement (British Aerospace Holdings Inc)

Fractions of Shares. No fractional shares share of Common Stock 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 Total Conversion Amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) fractional share in an amount equal to the same product of such fraction multiplied by the Fair Market Value of the Closing Price Per Share at the close one share of business Common Stock on the day of conversionConversion Date.

Appears in 3 contracts

Samples: Building One Services Corp, Building One Services Corp, Boss Investment LLC

Fractions of Shares. No fractional shares of Common Stock Shares 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock Share which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per daily closing price per Common Share (consistent with Section 14.04(6) below) at the close of business on the day of conversion.

Appears in 3 contracts

Samples: Indenture (Primus Guaranty LTD), Indenture (Primus Guaranty LTD), Indenture (Primus Guaranty LTD)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security of a 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 of such series (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions portion thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal (computed to the nearest cent) to the same fraction of the Closing Price Per Share market price per share of Common Stock (as determined by the Board of Directors or in any manner prescribed by the Board of Directors) at the close of business on the day of conversion.

Appears in 3 contracts

Samples: Indenture (Associated Banc-Corp), Indenture (Associated Banc-Corp), Indenture (First Tennessee National Corp)

Fractions of Shares. No fractional shares of Common Stock 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Average Sales Price Per Share at the close of business on the day of conversion.

Appears in 2 contracts

Samples: Indenture (Etoys Inc), Indenture (Etoys Inc)

Fractions of Shares. No fractional shares of Common Stock 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at on the close of business on last Trading Day prior to the day of conversion.

Appears in 2 contracts

Samples: Collegiate Pacific Inc, Corixa Corp

Fractions of Shares. No fractional shares of Common Stock 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company Issuer shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Current Market Price Per Share per share of Common Stock (calculated in accordance with Section 12.4(8) below) at the close of business on the day of conversion.

Appears in 2 contracts

Samples: Indenture (Wind River Systems Inc), Atmel Corp

Fractions of Shares. No fractional shares of Common Stock shall be issued upon any 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one-100th of a share) in an amount equal to the same fraction of the Closing Quoted Price Per Share at of the close Common Stock as of business on the trading day before the date of conversion.

Appears in 2 contracts

Samples: Indenture (Comverse Technology Inc/Ny/), Comverse Technology Inc/Ny/

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or SecuritiesNotes. If more than one Security Note 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 Notes (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security Note or Securities Notes (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share market price per share of Common Stock as reasonably determined by the Company at the close of business on the day of conversion.

Appears in 2 contracts

Samples: Signature Resorts Inc, Signature Resorts Inc

Fractions of Shares. No fractional shares of Common Stock 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company Issuer shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share market price (determined as provided in the last sentence of paragraph (f) of Section 13.04) at the close of business on the day of conversion.

Appears in 2 contracts

Samples: Indenture (Murphy Oil Corp /De), Indenture (Murphy Oil Corp /De)

Fractions of Shares. No fractional shares of Common Stock 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share per share of the Common Stock at the close of business on the Trading Day immediately preceding such day of conversionor, alternatively, the Company shall round up to the next higher whole share.

Appears in 2 contracts

Samples: Internet Capital Group Inc, Internet Capital Group Inc

Fractions of Shares. No fractional shares of Common Stock Shares 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock Share which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per market price per Common Share (as determined by the Board of Directors or in any manner prescribed by the Board of Directors) at the close of business on the day prior to the day of conversion.

Appears in 2 contracts

Samples: Alexanders Inc, Alexanders Inc

Fractions of Shares. No fractional shares of Common Stock Trust Shares or Corporation Shares 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock Trust Share or Corporation Share which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company Companies shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an aggregate amount equal to the same fraction of the Closing Price Per market price per Paired Share (as determined by the Board of Directors or in any manner prescribed by the Board of Directors) at the close of business on the day Date of conversionConversion.

Appears in 2 contracts

Samples: Starwood Lodging Corp, Starwood Lodging Trust

Fractions of Shares. No fractional shares of Common Stock 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 83 of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share market price per share of Common Stock (as determined by the Board of Directors or in any manner prescribed by the Board of Directors) at the close of business on the day of conversion.

Appears in 2 contracts

Samples: Eg&g Inc, Eg&g Inc

Fractions of Shares. No fractional shares of Common Stock 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Current Market Price Per Share per share of Common Stock (calculated in accordance with Section 12.4(8) below) at the close of business on the day of conversion.

Appears in 2 contracts

Samples: Indenture (Veritas Software Corp), Indenture (Cypress Semiconductor Corp /De/)

Fractions of Shares. No fractional shares of Common Stock 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 of Common Stock which shall be issuable issued upon conversion thereof shall be computed on the basis of the aggregate principal Principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share shares of Common Stock which would otherwise be issuable issued upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one-100th of a share) in an amount equal to the same fraction of the Closing Trading Price Per Share at of the close shares of business on Common Stock as of the day of conversionTrading Day preceding the Conversion Date.

Appears in 2 contracts

Samples: Indenture (America West Holdings Corp), Us Airways Group Inc

Fractions of Shares. No fractional shares of Common Stock 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 issued upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable issued upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one-100th of a share) in an amount equal to the same fraction of the Closing Trading Price Per Share at of the close Common Stock as of business on the day Trading Day preceding the date of conversion.

Appears in 2 contracts

Samples: Curagen Corp, Vitesse Semiconductor Corp

Fractions of Shares. No fractional shares of Common Stock 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 that shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at the close of business on the day of conversion.

Appears in 2 contracts

Samples: National Data Corp, Reptron Electronics Inc

Fractions of Shares. No fractional shares of Common Stock 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share daily closing price per share of Common Stock (consistent with Section 14.4(f) below) at the close of business on the day of conversion.

Appears in 2 contracts

Samples: Royal Gold Inc /De/, Royal Gold Inc /De/

Fractions of Shares. No fractional shares of Common Stock 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate make an adjustment and pay a cash adjustment payment in respect of such fraction (calculated in cash at the current market value thereof, to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share be completed at the close of business on the day of conversion.

Appears in 2 contracts

Samples: Ventro Corp, Veritas Software Corp

Fractions of Shares. No fractional shares of Common Stock 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 of Common Stock which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company Partnership shall calculate and pay a cash adjustment (rounded to the nearest cent) in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at per share of the close of business Common Stock on the day of conversionconversion (or, if such day is not a Trading Day, on the Trading Day immediately preceding such day).

Appears in 1 contract

Samples: Beacon Properties L P

Fractions of Shares. No fractional shares Conversion Shares of Common Stock shall be issued upon conversion of any Security or SecuritiesDebenture. Instead of any fractional Conversion Share which would otherwise be issuable upon conversion of any Debenture, the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Conversion Price per share of Common Stock at the close of business on the Conversion Date. Such cash payments shall be made to an address outside of the United States. If more than one Security Debenture 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 (or specified portions thereof) Debentures so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at the close of business on the day of surrendered for conversion.

Appears in 1 contract

Samples: Indenture (KFX Inc)

Fractions of Shares. No fractional shares of Common Stock 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share (as determined by the Company) at the close of business on the day of conversion.

Appears in 1 contract

Samples: Atmi Inc

Fractions of Shares. No fractional shares share of Common Stock 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) fractional share in an amount equal to the same such fraction of multiplied by the Closing Price Per Share at the close of business on the day of conversionconversion (or, if such day is not a Trading Day, on the Trading Day immediately preceding such day).

Appears in 1 contract

Samples: Geotek Communications Inc

Fractions of Shares. No fractional shares of Common Stock Class A Shares 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 that shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock Class A Shares which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the applicable Closing Price Per Share at the close of business on the day of conversion.

Appears in 1 contract

Samples: Budget Group Inc

Fractions of Shares. No fractional shares of Common Stock 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 whole shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share 1502,1503 103 95 market price (determined as provided in the last sentence of paragraph 6 of Section 1504) at the close of business on the day of conversion.

Appears in 1 contract

Samples: Anadarko Petroleum Capital Trust Iii

Fractions of Shares. No fractional shares of Common Stock 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share of Common Stock at the close of business on the day of conversion.

Appears in 1 contract

Samples: Juniper Networks Inc

Fractions of Shares. No fractional shares of Common Stock 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 of Common Stock which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment (rounded to the nearest cent) in 92 100 respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at per share of the close of business Common Stock on the day of conversionconversion (or, if such day is not a Trading Day, on the Trading Day immediately preceding such day).

Appears in 1 contract

Samples: Trinet Corporate Realty Trust Inc

Fractions of Shares. No fractional shares of Common Stock 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at the close of business on the day of conversion.. 85

Appears in 1 contract

Samples: Indenture (Reliant Resources Inc)

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Fractions of Shares. No fractional shares of Common Stock 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at the close of business on the day of conversion.

Appears in 1 contract

Samples: Sierra Health Services Inc

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Series B Securities. If more than one Series B 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 Series B Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Series B Security or Series B Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share market price per share of Common Stock (as determined by the Board of Directors or in any manner prescribed by the Board of Directors) at the close of business on the day of conversion.

Appears in 1 contract

Samples: Indenture (Autobond Acceptance Corp)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon the 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share closing price (as defined in Section 12.04(g)(i)) per share of Common Stock at the close of business on the Business Day prior to the day of conversion.

Appears in 1 contract

Samples: Loral Space & Communications LTD

Fractions of Shares. No fractional shares of Common Stock 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) fractions in an amount equal to the same fraction of the Closing Price Per Share market price (determined as provided in the last sentence of paragraph 6 of Section 1504) at the close of business on the day of conversion.

Appears in 1 contract

Samples: Atmos Energy Corp

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security Debenture or SecuritiesDebentures. If more than one Security Debenture shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable issued upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities Debentures (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable issued upon conversion of any Security Debenture or Securities Debentures (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one-100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at of the close Common Stock as of business on the day Trading Day immediately preceding the date of conversion.

Appears in 1 contract

Samples: Kerr McGee Corp

Fractions of Shares. No fractional shares of Common Stock Shares 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock Share which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per market price per Common Share (as determined by the Board of Trustees or in any manner prescribed by the Board of Trustees) at the close of business on the day of conversion.

Appears in 1 contract

Samples: Prime Group Realty Trust

Fractions of Shares. No fractional shares of Common Stock 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share per share of the Common Stock at the close of business on the day of conversionTrading Day immediately preceding such day.

Appears in 1 contract

Samples: Commscope Inc

Fractions of Shares. No fractional shares of Common Stock 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at the close of business on the day of conversion. SECTION 1304.

Appears in 1 contract

Samples: Supplemental Indenture (Proffitts Inc)

Fractions of Shares. No fractional shares of Common Stock 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 whole shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share market price (determined as provided in the last sentence of paragraph 6 of Section 1504) at the close of business on the day of conversion.

Appears in 1 contract

Samples: Remington Oil & Gas Corp

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security Debenture or SecuritiesDebentures. If more than one Security Debenture shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable issued upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities Debentures (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable issued upon conversion of any Security Debenture or Securities Debentures (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one-100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at of the close Common Stock as of business on the day Trading Day preceding the date of conversion.

Appears in 1 contract

Samples: Resale Registration Rights Agreement (Primus Telecommunications Group Inc)

Fractions of Shares. No fractional shares of Common Stock Ordinary Shares 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 issued upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock Ordinary Shares which would otherwise be issuable issued upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one-100th of a share) in an amount equal to the same fraction of the Closing Last Reported Sale Price Per Share at of the close Ordinary Shares as of business on the day Trading Day preceding the date of conversion.

Appears in 1 contract

Samples: Senior Indenture (M-Systems Flash Disk Pioneers LTD)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security Note or SecuritiesNotes. If more than one Security Note shall be surrendered for conversion at one time by the same Holder, the number of full shares of Common Stock which shall be issuable issued upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities Notes (or specified portions thereof) so surrendered. Instead of any fractional share shares of Common Stock which would otherwise be issuable issued upon conversion of any Security Note or Securities Notes (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Market Price Per Share at of the close shares of business on Common Stock as of the day of conversionTrading Day preceding the Conversion Date.

Appears in 1 contract

Samples: Indenture (Mindspeed Technologies, Inc)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or SecuritiesDebentures. If more than one Security Debenture 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 Debentures (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security Debenture or Securities Debentures (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share current market price per share of Common Stock (determined as provided in paragraph (6) of Section 1304) at the close of business on the day of conversion.. 88 80

Appears in 1 contract

Samples: Indenture (Maxtor Corp)

Fractions of Shares. No fractional shares of Common Stock 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share daily closing price per share of Common Stock (consistent with Section 1304(8) below) at the close of business on the day of conversion.

Appears in 1 contract

Samples: Intermagnetics General Corp

Fractions of Shares. No fractional shares of Common Stock 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share closing price per share of Common Stock (as determined in the manner described in the second sentence of Section 1504(8)) at the close of business on the day of conversion.

Appears in 1 contract

Samples: Pinnacle West Capital Corp

Fractions of Shares. No fractional shares of Common Stock shall Shareshall 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock Share which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per current market price per Common Share (calculated in accordance with Section 1204(5) below) at the close of business on the day of conversion.

Appears in 1 contract

Samples: Indenture (Philip Services Corp/De)

Fractions of Shares. No fractional shares of Common Stock 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at the close of business on the last Trading Day prior to the day of conversion.

Appears in 1 contract

Samples: Medarex Inc

Fractions of Shares. No fractional shares of Common Stock Shares shall be issued upon conversion of any Security or Securities. If more than one Security of a 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 of such series (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock Share which would otherwise be issuable upon conversion of any Security or Securities (or specified portions portion thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal (computed to the nearest cent) to the same fraction of the Closing Price Per market price per Common Share (as determined by the Board of Directors or in any manner prescribed by the Board of Directors) at the close of business on the day of conversion.

Appears in 1 contract

Samples: Liquid Media Group Ltd.

Fractions of Shares. No fractional shares of Common Stock 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share daily closing price per share of Common Stock (consistent with Section 1304(f) below) at the close of business on the day of conversion.

Appears in 1 contract

Samples: Noble Affiliates Inc

Fractions of Shares. No fractional shares of Common Stock 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 issued upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities Notes or on the basis of the aggregate number of Warrants (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable issued upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one-100th of a share) in an amount equal to the same fraction of the Closing Trading Price Per Share at of the close Common Stock as of business on the day Trading Day preceding the date of conversion.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Electro Energy Inc)

Fractions of Shares. No fractional shares of Common Stock Ordinary Shares 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock Ordinary Shares which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th l/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at the close of business on the day of conversion.

Appears in 1 contract

Samples: Indenture (Amdocs LTD)

Fractions of Shares. No fractional shares of Common Stock 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at the close of business on the day of conversion.

Appears in 1 contract

Samples: Indenture (United Rentals Inc /De)

Fractions of Shares. No fractional shares of Common Stock 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company Issuer shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share market price (determined as provided in the last sentence of paragraph (f) of Section 14.04) at the close of business on the day of conversion.

Appears in 1 contract

Samples: Indenture (Murphy Oil Corp /De)

Fractions of Shares. No fractional shares of Common Stock 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share market price (determined as provided in the last sentence of paragraph 6 of Section 1504) at the close of business on the day of conversion. SECTION 1504.

Appears in 1 contract

Samples: Anadarko Petroleum Corp

Fractions of Shares. No fractional shares of Common Stock 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at the close of business on the day of conversionconversion (or round up the number of shares of Common Stock issuable upon conversion of any Security or Securities to the nearest whole share).

Appears in 1 contract

Samples: Monmouth Real Estate Investment Corp

Fractions of Shares. No fractional shares of Common Stock 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 of Common Stock which shall be issuable issued upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share shares of Common Stock which would otherwise be issuable issued upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one-100th of a share) in an amount equal to the same fraction of the Closing Market Price Per Share at of the close shares of business on Common Stock as of the day of conversionTrading Day preceding the Conversion Date.

Appears in 1 contract

Samples: Indenture (Alloy Inc)

Fractions of Shares. No fractional shares of Common Stock 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 (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), ; the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share market price per share of Common Stock (as determined by the Board of Directors or in any manner prescribed by the Board of Directors) at the close of business on the day of conversion.

Appears in 1 contract

Samples: Dimon Inc

Fractions of Shares. No fractional shares of Common Stock 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 of Common Stock which shall be issuable issued upon conversion thereof shall be computed on the basis of the aggregate principal amount Principal of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share shares of Common Stock which would otherwise be issuable issued upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one-100th of a share) in an amount equal to the same fraction of the Closing Trading Price Per Share at of the close shares of business on Common Stock as of the day of conversionTrading Day preceding the Conversion Date.

Appears in 1 contract

Samples: Indenture (Networks Associates Inc/)

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