Common use of Issuance of Rights or Warrants Clause in Contracts

Issuance of Rights or Warrants. In case the Company shall issue to all or substantially all holders of its Common Stock rights or warrants that allow the holders to purchase or subscribe for shares of Common Stock for a period expiring within 60 days from the date of issuance of the rights or warrants at a price per share less than the Current Market Price on the record date fixed for the determination of stockholders entitled to receive such rights or warrants (other than (x) any rights or warrants that by their terms will also be issued to any Holder upon conversion of a Note into shares of Common Stock without any action required by the Company or any other Person or (y) any rights or warrants are distributed to shareholders of the Company upon a merger or consolidation as set forth in Section 6.08 hereof, and taking into consideration in determining the price per share any consideration received by the Company for such rights or warrants and any amount payable on exercise or conversion thereof, with the value of such consideration, if other than cash, to be determined by the Company), then the Conversion Rate shall be increased by dividing the Conversion Rate in effect immediately prior to the opening of business on the day following the record date fixed for such determination by an adjustment factor equal to a fraction:

Appears in 3 contracts

Samples: Indenture (Ciena Corp), Ciena Corp, Ciena Corp

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Issuance of Rights or Warrants. In case the Company shall issue rights or warrants to all or substantially all holders of its Common Stock rights or warrants that allow the holders to purchase or subscribe for shares of Common Stock entitling them for a period expiring within 60 days from the date of issuance of the rights or warrants to subscribe for or purchase shares of Common Stock at a price per share less than the Current Market Price per share of Common Stock on the record date fixed for the determination of stockholders entitled to receive such rights or warrants (other than (x) any rights or warrants that (x) by their terms will also be issued to any Holder upon conversion of a Note into shares of Common Stock without any action required by the Company or any other Person or (y) any rights or warrants are distributed to shareholders of the Company upon a merger or consolidation as set forth in compliance with Section 6.08 hereof, 6.8 hereof and taking into consideration in determining the price per share any consideration received by the Company for such rights or warrants and any amount payable on exercise or conversion thereof, with the value of such consideration, if other than cash, to be determined by the Company), then the Conversion Rate shall be increased by dividing the Conversion Rate in effect immediately prior to at the opening of business on the day following the record date fixed for such determination shall be increased by dividing such Conversion Rate by an adjustment factor equal to a fraction:

Appears in 2 contracts

Samples: Indenture (Ciena Corp), Change   Stock (Ciena Corp)

Issuance of Rights or Warrants. In case the Company shall issue rights or warrants to all or substantially all holders of its Common Stock rights or warrants that allow the holders to purchase or subscribe for shares of Common Stock entitling them for a period expiring within 60 days from the date of issuance of the rights or warrants to subscribe for or purchase shares of Common Stock at a price per share less than the Current Market Price per share of Common Stock on the record date fixed for the determination of stockholders entitled to receive such rights or warrants (other than (x) any rights or warrants that (x) by their terms will also be issued to any Holder upon conversion of a Note into shares of Common Stock without any action required by the Company or any other Person or (y) any rights or warrants are distributed to shareholders of the Company upon a merger or consolidation as set forth in compliance with Section 6.08 hereof, 6.8 hereof and taking into consideration in determining the price per share any consideration received by the Company for such rights or warrants and any amount payable on exercise or conversion thereof, with the value of such consideration, if other than cash, to be determined by the Company), then the Conversion Rate shall be increased by dividing the Applicable Conversion Rate in effect immediately prior to at the opening of business on the day following the record date fixed Ex-Dividend Trading Day for such determination distribution shall be increased by dividing such Applicable Conversion Rate by an adjustment factor equal to a fraction:

Appears in 1 contract

Samples: Indenture (Enzon Pharmaceuticals Inc)

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Issuance of Rights or Warrants. In case the Company shall issue rights or warrants to all or substantially all holders of its Common Stock rights or warrants that allow the holders to purchase or subscribe for shares of Common Stock entitling them for a period expiring within 60 45 days from the date of issuance of the rights or warrants to subscribe for or purchase shares of Common Stock at a price per share less than the Current Market Price per share of Common Stock on the record date fixed for the determination of stockholders entitled to receive such rights or warrants (other than (x) any rights or warrants that (x) by their terms will also be issued to any Holder upon conversion of a Note into shares of Common Stock without any action required by the Company or any other Person or (y) any rights or warrants are distributed to shareholders of the Company upon a merger or consolidation as set forth in compliance with Section 6.08 hereof, 6.8 hereof and taking into consideration in determining the price per share any consideration received by the Company for such rights or warrants and any amount payable on exercise or conversion thereof, with the value of such consideration, if other than cash, to be determined by the Company), then the Conversion Rate shall be increased by dividing the Conversion Rate in effect immediately prior to at the opening of business on the day following the record date fixed for such determination shall be increased by dividing such Conversion Rate by an adjustment factor equal to a fraction:

Appears in 1 contract

Samples: First Supplemental Indenture (Global Crossing LTD)

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