Manner of Exercise of Conversion Privilege. In order ------------------------------------------ to exercise the conversion privilege, the holder of any Note to be converted in whole or in part shall surrender such Note at any of the offices or agencies to be maintained for such purpose by the Company pursuant to Section 5.02, accompanied by the funds, if any, required by the last paragraph of this Section, and shall give written notice of conversion in the form provided on the Note (or such other notice as is acceptable to the Company) to the Company at such office or agency that the holder elects to convert such Note or the portion thereof specified in such notice. Such notice shall also state the name or names, together with the address or addresses, in which the certificate or certificates for shares of Common Stock issuable in such conversion shall be issued. Each Note surrendered for conversion shall, unless the shares issuable on conversion are to be issued in the same name as the name in which such Note is registered, be accompanied by instruments of transfer, in form satisfactory to the Company, duly executed by the holder or its duly authorized attorney and an amount sufficient to pay any transfer or similar tax. As promptly as practicable after the surrender of such Note and the receipt of such notice, instruments of transfer and funds, if any, as aforesaid, the Company shall issue and shall deliver at such office or agency to such holder, or on its written order, a certificate or certificates for the number of full shares of Common Stock issuable upon the conversion of such Note or portion thereof in accordance with the provisions of this Article Four and a check or cash in respect of any fractional interest in a share of Common Stock arising upon such conversion, as provided in Section 4.
Appears in 1 contract
Sources: Indenture (Emc Corp)
Manner of Exercise of Conversion Privilege. In order ------------------------------------------ to exercise the conversion privilege, the holder of any Note to be converted in whole or in part shall surrender such Note Note, duly endorsed or assigned to the Company or in blank, at any of the offices or agencies to be maintained for such purpose by the Company pursuant to Section 5.024.2, accompanied by the funds, if any, required by the third from the last paragraph of this Section, and shall give irrevocable written notice of conversion in the form provided on the Note Notes (or such other notice as is acceptable to the Company) to the Company (a "Conversion Notice") at such office or agency that the holder elects to convert such Note or the portion thereof specified in such said notice. Such notice Conversion Notice shall also state the name or names, together with the address or addresses, in which the certificate or certificates for shares of Common Stock which shall be issuable in such conversion shall be issued. Each Note surrendered for conversion shall, unless the shares issuable on conversion are to be issued in the same name as the name in which such Note is registered, be accompanied by instruments of transfer, in form satisfactory to the Company, duly executed by the holder or its his duly authorized attorney and an in amount sufficient to pay any transfer or similar tax. As promptly as practicable after the surrender of such Note and the receipt of such noticeConversion Notice, instruments of transfer and funds, if any, as aforesaid, the Company shall issue and shall deliver at such office or agency to such holder, or on its his written order, a certificate or certificates for the number of full whole shares of Common Stock issuable upon the conversion of such Note or portion thereof in accordance with the provisions of this Article Four 5 and a check or cash in respect of any fractional interest in a share of Common Stock arising upon such conversion, as provided in Section 45.
Appears in 1 contract
Sources: Indenture (P Com Inc)