Common use of Payment in Common Stock Clause in Contracts

Payment in Common Stock. Notwithstanding the provisions of Section A of this Article III, (i) any dividend payment (such payment, a "Non-arrearage Payment") made in full on the first Dividend Payment Date on which such payment is due (without taking into account the proviso to the fourth sentence of Section A of this Article III in determining the first Dividend Payment Date on which such payment is due) and (ii) any payment (such payment, an "Arrearage Payment") made at any time prior to the second anniversary of the original issuance of the Series A Preferred Stock in respect of any dividend Arrearage, may be made in the form of shares of Common Stock; PROVIDED that:

Appears in 1 contract

Samples: Investment Agreement (TPG Advisors Ii Inc)

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Payment in Common Stock. Notwithstanding the provisions of Section A of this Article III, (i) any dividend payment (such payment, a "NonNON-arrearage PaymentARREARAGE PAYMENT") made in full on the first Dividend Payment Date on which such payment is due (without taking into account the proviso to the fourth second sentence of Section A of this Article III in determining the first Dividend Payment Date on which such payment is due) and (ii) any payment (such payment, an "Arrearage PaymentARREARAGE PAYMENT") made at any time prior to the second anniversary of the original issuance of the Series A Preferred Stock in respect of any dividend Arrearage, may be made in the form of shares of Common Stock; PROVIDED that:

Appears in 1 contract

Samples: Investment Agreement (Magellan Health Services Inc)

Payment in Common Stock. Notwithstanding the provisions of Section A of this Article III, (i) any dividend payment (such payment, a "NonNON-arrearage PaymentARREARAGE PAYMENT") made in full on the first Dividend Payment Date on which such payment is due (without taking into account the proviso to the fourth sentence of Section A of this Article III in determining the first Dividend Payment Date on which such payment is due) and (ii) any payment (such payment, an "Arrearage PaymentARREARAGE PAYMENT") made at any time prior to the second anniversary of the original issuance of the Series A Preferred Stock in respect of any dividend Arrearage, may be made in the form of shares of Common Stock; PROVIDED that:

Appears in 1 contract

Samples: Investment Agreement (Magellan Health Services Inc)

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Payment in Common Stock. Notwithstanding the provisions of Section A of this Article III, (i) any dividend payment (such payment, a "NonNON-arrearage PaymentARREARAGE PAYMENT") made in full on the first Dividend Payment Date on which such payment is due (without taking into account the proviso to the fourth second sentence of Section A of this Article III in determining the first Dividend Payment Date on which such payment is due) and (ii) any payment (such payment, an "Arrearage PaymentARREARAGE PAYMENT") made at any time prior to the second anniversary of the original issuance of the Series A Preferred Stock in respect of any dividend Arrearage, may be made in the form of shares of Common Stock; PROVIDED that:

Appears in 1 contract

Samples: Investment Agreement (Magellan Health Services Inc)

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