Common use of Notice of Adjustments of Conversion Rate Clause in Contracts

Notice of Adjustments of Conversion Rate. Whenever the Conversion Rate and Conversion Price are adjusted as herein provided, the Company shall compute the adjusted Conversion Rate and Conversion Price in accordance with Section 12.04 and shall prepare a certificate signed by the Chief Financial Officer of the Company setting forth the adjusted Conversion Rate and Conversion Price and showing in reasonable detail the facts upon which such adjustment is based, and such certificate shall forthwith be filed (with a copy to the Trustee) at each office or agency maintained for the purpose of conversion of Securities pursuant to Section 9.02; and the Company shall forthwith cause a notice setting forth the adjusted Conversion Rate and Conversion Price to be mailed, first class postage prepaid, to each Holder of Securities at its address appearing on the Security Register. Unless and until the Trustee shall receive such notice, the Trustee may assume without inquiry that the Conversion Rate and Conversion Price have not been, and are not required to be, adjusted and that the last Conversion Rate and Conversion Price of which it has written notice remain in effect.

Appears in 4 contracts

Samples: Earthweb Inc, Interliant Inc, Triquint Semiconductor Inc

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Notice of Adjustments of Conversion Rate. Whenever the Conversion Rate and Conversion Price are adjusted as herein provided, the Company shall compute the adjusted Conversion Rate and Conversion Price in accordance with Section 12.04 and shall prepare a certificate signed by the Chief Financial Officer of the Company setting forth the adjusted Conversion Rate and Conversion Price and showing in reasonable detail the facts upon which such adjustment is based, and such certificate shall forthwith be filed (with a copy to the TrusteeTrustee or the Conversion Agent) at each office or agency maintained for the purpose of conversion of Securities pursuant to Section 9.02; and the Company shall forthwith cause a notice setting forth the adjusted Conversion Rate and Conversion Price to be mailed, first class postage prepaid, to each Holder of Securities at its address appearing on the Security Register. Unless and until the Trustee (and the Conversion Agent, as the case may be) shall receive such notice, the Trustee (and the Conversion Agent, as the case may be) may assume without inquiry that the Conversion Rate and Conversion Price have not been, and are not required to be, adjusted and that the last Conversion Rate and Conversion Price of which it has written notice remain in effect.

Appears in 2 contracts

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

Notice of Adjustments of Conversion Rate. Whenever the Conversion Rate and Conversion Price are adjusted as herein provided, the Company shall compute the adjusted Conversion Rate and Conversion Price in accordance with Section 12.04 and shall prepare a certificate signed by the ----- Chief Financial Officer of the Company setting forth the adjusted Conversion Rate and Conversion Price and showing in reasonable detail the facts upon which such adjustment is based, and such certificate shall forthwith be filed (with a copy to the Trustee) at each office or agency maintained for the purpose of conversion of Securities pursuant to Section 9.02; and the Company shall ---- forthwith cause a notice setting forth the adjusted Conversion Rate and Conversion Price to be mailed, first class postage prepaid, to each Holder of Securities at its address appearing on the Security Register. Unless and until the Trustee shall receive such notice, the Trustee may assume without inquiry that the Conversion Rate and Conversion Price have not been, and are not required to be, adjusted and that the last Conversion Rate and Conversion Price of which it has written notice remain in effect.

Appears in 1 contract

Samples: Indenture (Interliant Inc)

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Notice of Adjustments of Conversion Rate. Whenever the Conversion Rate and Conversion Price are adjusted as herein provided, the Company shall compute the adjusted Conversion Rate and Conversion Price in accordance with Section 12.04 and shall prepare a certificate signed by the ----- Chief Financial Officer of the Company setting forth the adjusted Conversion Rate and Conversion Price and showing in reasonable detail the facts upon which such adjustment is based, and such certificate shall forthwith be filed (with a copy to the TrusteeTrustee or the Conversion Agent) at each office or agency maintained for the purpose of conversion of Securities pursuant to Section 9.02; and the ---- Company shall forthwith cause a notice setting forth the adjusted Conversion Rate and Conversion Price to be mailed, first class postage prepaid, to each Holder of Securities at its address appearing on the Security Register. Unless and until the Trustee (and the Conversion Agent, as the case may be) shall receive such notice, the Trustee (and the Conversion Agent, as the case may be) may assume without inquiry that the Conversion Rate and Conversion Price have not been, and are not required to be, adjusted and that the last Conversion Rate and Conversion Price of which it has written notice remain in effect.

Appears in 1 contract

Samples: Transwitch Corp /De

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