General Considerations. Whenever successive adjustments to the Conversion Rate are called for pursuant to this Article 11, such adjustments shall be made to the Current Market Price as may be necessary or appropriate to effectuate the intent of this Article 11 and to avoid unjust or inequitable results as determined in good faith by the Board of Directors.
Appears in 6 contracts
Samples: Indenture (Network Associates Inc), Indenture (Network Associates Inc), Indenture (Atmel Corp)
General Considerations. Whenever successive adjustments to the Conversion Rate are called for pursuant to this Article 11, such adjustments shall be made to the Current Market Price as may be necessary or appropriate to effectuate the intent of this Article 11 and to avoid unjust or inequitable results as determined in good faith by the Board of Directors.
Appears in 3 contracts
Samples: Indenture (Wellpoint Health Networks Inc /De/), Indenture (Nabors Industries Inc), Indenture (Wellpoint Health Networks Inc /De/)
General Considerations. Whenever successive adjustments to the Conversion Rate are called for pursuant to this Article 11, such adjustments shall be made to the Current Market Price or the conversion rate adjustment provisions of 11.7, 11.8, 11.9 and 11.18 as may be necessary or appropriate to effectuate the intent of this Article 11 and to avoid unjust or inequitable results as determined in good faith by the Board of Directors.
Appears in 2 contracts
Samples: Indenture (Atmel Corp), Indenture (Atmel Corp)
General Considerations. Whenever successive adjustments to the Conversion Rate are called for pursuant to this Article 11, such adjustments shall be made to the Current Market Price as may be necessary or appropriate to effectuate the intent of this Article 11 and to avoid unjust or inequitable results as determined in good faith by the Board of DirectorsDirectors of the Company.
Appears in 1 contract
Samples: Triarc Companies Inc
General Considerations. Whenever successive adjustments to the Conversion Rate are called for pursuant to this Article 1110, such adjustments shall be made to the Current Market Price as may be necessary or appropriate to effectuate the intent of this Article 11 10 and to avoid unjust or inequitable results as determined in good faith by the Board of Directors.
Appears in 1 contract
Samples: Fisher Scientific International Inc
General Considerations. Whenever successive adjustments to the Conversion Rate are called for pursuant to this Article 11, such adjustments shall be made to the Current Market Price or the conversion rate adjustment provisions of Sections 11.7, 11.8, 11.9 and 11.18 as may be necessary or appropriate to effectuate the intent of this Article 11 and to avoid unjust or inequitable results as determined in good faith by the Board of Directors.
Appears in 1 contract
General Considerations. Whenever successive adjustments to the Conversion Rate are called for pursuant to this Article 1110, such adjustments shall be made to the Current Market Price as may be necessary or appropriate to effectuate the intent of this Article 11 10 and to avoid unjust or inequitable results as determined in good faith by the Board of Directors.
Appears in 1 contract
Samples: Indenture (Ingram Micro Inc)
