Common use of Fractions of Shares Clause in Contracts

Fractions of Shares. No fractional share of Common Stock shall be issued upon conversion of 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 pay a cash adjustment in respect of such fraction in an amount equal to the same fraction of the Closing Price (as hereinafter defined) at the close of business on the day of conversion (or, if such day is not a Trading Day (as hereafter defined), on the Trading Day immediately preceding such day).

Appears in 11 contracts

Samples: Indenture (Speedway Motorsports Inc), Indenture (Personnel Group of America Inc), Indenture (Fuisz Technologies LTD)

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Fractions of Shares. No fractional share shares of Common Stock shall be issued upon conversion of 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 pay a cash adjustment in respect of such fraction in an amount equal to the same fraction of the Closing Price (as hereinafter defined) per share of the Common Stock at the close of business on the day of conversion (or, if such day is not a Trading Day (as hereafter defined)Day, on the Trading Day immediately preceding such day)) or, alternatively, the Company shall round up to the next higher whole share.

Appears in 8 contracts

Samples: Indenture (Affymetrix Inc), Indenture (Human Genome Sciences Inc), Indenture (Affymetrix Inc)

Fractions of Shares. No fractional share shares of Common Stock shall be issued upon conversion of 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 pay a cash adjustment (rounded to the nearest cent) in respect of such fraction in an amount equal to the same fraction of the Closing Price (as hereinafter defined) at per share of the close of business Common Stock on the day of conversion (or, if such day is not a Trading Day (as hereafter defined)Day, on the Trading Day immediately preceding such day).

Appears in 8 contracts

Samples: Indenture (Apex Mortgage Capital Inc), Bay Apartment Communities Inc, Western Investment Real Estate Trust

Fractions of Shares. No fractional share of Common Stock shall be issued upon on conversion of SecuritiesSecurities of any series. If more than one Security of the same series shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon on 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 on conversion of any Security or Securities (or specified portions thereof), the Company shall pay a cash adjustment in respect of such fraction in an amount equal to the same fraction of the Closing Price (as hereinafter defined) at the close of business on the day of conversion (or, if such day is not a Trading Day (as hereafter defined), on the Trading Day immediately preceding such day).

Appears in 4 contracts

Samples: Indenture (Innovative Valve Technologies Inc), American Residential Services Inc, American Residential Services Inc

Fractions of Shares. No fractional share of Common Stock shall be issued upon conversion of 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 such Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall pay a cash adjustment in respect of such fraction in an amount equal to the same fraction of the Closing Price (as hereinafter defined) at the close of business on the day of conversion (or, if such day is not a Trading Day (as hereafter defined), on the Trading Day immediately preceding such day).

Appears in 2 contracts

Samples: Indenture (KCS Energy Inc), Credence Systems Corp

Fractions of Shares. No fractional share of Common Stock shall be issued upon conversion of 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 pay a cash adjustment in respect of such fraction in an amount equal to the same fraction of the Closing Price (as hereinafter defined) at the close of business on the day of conversion (or, if such day is not a Trading Day (as hereafter defined), on the Trading Day immediately preceding such day).

Appears in 2 contracts

Samples: Indenture (Healthcare Realty Trust Inc), Capstone Capital Corp

Fractions of Shares. No fractional share of Common Stock shall be issued upon conversion of 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 such Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company Issuer shall pay a cash adjustment in respect of such fraction in an amount equal to the same fraction of the Closing Price (as hereinafter defined) at the close of business on the day of conversion (or, if such day is not a Trading Day (as hereafter defined), on the Trading Day immediately preceding such day).

Appears in 2 contracts

Samples: Belco Oil & Gas Corp, Belco Oil & Gas Corp

Fractions of Shares. No fractional share of Common Stock shall be issued upon conversion of 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 pay a cash adjustment in respect of such fraction fractional share in an amount equal to the same such fraction of multiplied by the Closing Price (as hereinafter defined) at the close Close of business Business on the day of conversion (or, if such day is not a Trading Day (as hereafter defined), on the Trading Day immediately preceding such day).. For the purposes of this Indenture, "

Appears in 2 contracts

Samples: Kent Electronics Corp, Kent Electronics Corp

Fractions of Shares. No fractional share of Common Stock shall be issued upon conversion of 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 pay a cash adjustment in respect of such fraction fractional share in an amount equal to the same such fraction of multiplied by the Closing Price (as hereinafter defined) at the close of business on the day of conversion (or, if such day is not a Trading Day (as hereafter defined), on the Trading Day immediately preceding such day). Section 1304.

Appears in 2 contracts

Samples: Exhibit 4 (Converse Inc), Converse Inc

Fractions of Shares. No fractional share shares of Common Stock shall be issued upon conversion of 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 pay a cash adjustment in respect of such fraction in an amount equal to the same fraction of the Closing Price closing price per share of Common Stock (as hereinafter defineddetermined in the manner described in the second sentence of Section 16.4(8)) at the close of business on the day of conversion (or, if such day is not a Trading Day (as hereafter defined), on the Trading Day immediately preceding such day)conversion.

Appears in 2 contracts

Samples: Trust Indenture (Safeco Corp), Trust Indenture (Safeco Corp)

Fractions of Shares. No fractional share shares of Common Stock shall be issued upon conversion of 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 pay a cash adjustment in respect of such fraction in an amount equal to the same fraction of the Closing Price market price per share of Common Stock (as hereinafter defineddetermined 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 (or, if such day is not a Trading Day (as hereafter defined), on the Trading Day immediately preceding such day)conversion.

Appears in 2 contracts

Samples: Capstone Capital Corp, Healthcare Realty Trust Inc

Fractions of Shares. No fractional share shares of Common Stock shall be issued upon conversion of 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 69 Security or Securities (or specified portions thereof), the Company shall pay a cash adjustment (rounded to the nearest cent) in respect of such fraction in an amount equal to the same fraction of the Closing Price (as hereinafter defined) at per share of the close of business Common Stock on the day of conversion (or, if such day is not a Trading Day (as hereafter defined)Day, on the Trading Day immediately preceding such day).

Appears in 2 contracts

Samples: Boston Private Financial Holdings Inc, Boston Private Financial Holdings Inc

Fractions of Shares. No fractional share shares of Common Stock shall be issued upon conversion of 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 pay a cash adjustment in respect of such fraction in an amount equal to the same fraction of the Closing Price closing price per share of Common Stock (as hereinafter defineddetermined in the manner described in the second sentence of Section 1404(8)) at the close of business on the day of conversion (or, if such day is not a Trading Day (as hereafter defined), on the Trading Day immediately preceding such day)conversion. SECTION 1404. [INTENTIONALLY LEFT BLANK.]

Appears in 1 contract

Samples: Pinnacle West Capital Corp

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Fractions of Shares. No fractional share shares of Common Stock shall be issued upon conversion of 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 pay a cash adjustment in respect of such fraction in an amount equal to the same fraction of the Closing Price market price per share of Common Stock (as hereinafter defineddetermined by the Board of Directors or in any manner prescribed by the Board of Directors) at the close of business on the trading day immediately prior to the day of conversion (or, if such day is not a Trading Day (as hereafter defined), on the Trading Day immediately preceding such day)conversion.

Appears in 1 contract

Samples: Supplemental Indenture (Corning Inc /Ny)

Fractions of Shares. No fractional share shares of Common Stock shall be issued upon conversion of 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 pay a cash adjustment in respect of such fraction in an amount equal to the same fraction of the Closing Price (as hereinafter defined) at the close of business on the day of conversion (or, if such day is not a Trading Day (as hereafter defined)Day, on the Trading Day immediately preceding such day).

Appears in 1 contract

Samples: Indenture (First State Bancorporation)

Fractions of Shares. No fractional share of Class A Common Stock shall be issued upon conversion of 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 such Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall pay a cash adjustment in respect of such fraction in an amount equal to the same fraction of the Closing Price (as hereinafter defined) at the close of business on the day of conversion (or, if such day is not a Trading Day (as hereafter defined), on the Trading Day immediately preceding such day).

Appears in 1 contract

Samples: NCS Healthcare Inc

Fractions of Shares. No fractional share of Common Stock shall be issued upon conversion of 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 pay a cash adjustment in respect of such fraction fractional share in an amount equal to the same such fraction of multiplied by the Closing Price (as hereinafter defined) at the close of business on the day of conversion (or, if such day is not a Trading Day (as hereafter defined), on the Trading Day immediately preceding such day).

Appears in 1 contract

Samples: Indenture (Converse Inc)

Fractions of Shares. No fractional share shares of Common Stock shall be issued upon conversion of 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 pay a cash adjustment in respect of such fraction in an amount equal to the same fraction of the Closing Price (as hereinafter defined) per share of the Common Stock at the close of business on the last day prior to the day of conversion (or, if such day is not a Trading Day (as hereafter defined)Day, on the Trading Day immediately preceding such day).

Appears in 1 contract

Samples: Indenture (Integrated Physician Systems Inc)

Fractions of Shares. No fractional share of Common Stock shall be issued upon optional conversion of 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 pay a cash adjustment in respect of such fraction in an amount equal to the same fraction of the Closing Price (as hereinafter defined) at the close of business on the day of conversion (or, if such day is not a Trading Day (as hereafter defined), on the Trading Day immediately preceding such day).

Appears in 1 contract

Samples: Purchase Agreement (World Airways Inc /De/)

Fractions of Shares. No fractional share of Common Stock Share shall be issued upon conversion of 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 pay a cash adjustment in respect of such fraction in an amount equal to the same fraction of the Closing Price (as hereinafter defined) at the close of business on the day of conversion (or, if such day is not a Trading Day (as hereafter defined), on the Trading Day immediately preceding such day).

Appears in 1 contract

Samples: Indenture (North American Vaccine Inc)

Fractions of Shares. No fractional share shares of Common Stock shall be issued upon conversion of 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 pay a cash adjustment in respect of such fraction in an amount equal to the same fraction of the Closing Price (as hereinafter defined) per share of the Common Stock at the close of business on the day of conversion (or, if such day is not a Trading Day (as hereafter defined)Day, on the Trading Day immediately preceding such day).

Appears in 1 contract

Samples: Indenture (Seacor Holdings Inc)

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