Rights Distributions Pursuant to Stockholders’ Rights Plans. Upon conversion of any Note or a portion thereof, the Company shall make provision for the Holder thereof, to the extent such Holder is to receive shares of Common Stock upon such conversion, to receive, in addition to, and concurrently with the delivery of, the consideration otherwise payable hereunder upon such conversion, the rights described in any stockholders’ rights plan (i.e., poison pill) the Company may have in effect at such time, unless such rights have separated from the Common Stock at the time of such conversion, in which case the Conversion Rate shall be adjusted upon such separation in accordance with Section 10.05(C).
Rights Distributions Pursuant to Stockholders’ Rights Plans. Upon conversion of any Security or a portion thereof, the Company shall make provision such that the Holder thereof shall, to the extent such Holder is to receive shares of Common Stock upon such conversion, receive, in addition to, and concurrently with the delivery of, such shares of Common Stock upon conversion, the rights described in any stockholders’ rights plan(s) of the Company then in effect, unless the rights have separated from the Common Stock prior to the time of conversion, in which case the Conversion Rate shall be adjusted at the time of separation as if the Company distributed to all holders of Common Stock, Distributed Property as described in Section 10.06(c), subject to readjustment in the event of the expiration, termination or redemption of such rights.
Rights Distributions Pursuant to Stockholders’ Rights Plans. Upon conversion of any Security or a portion thereof, the Company shall make provision such that the Holder thereof shall, to the extent such Holder is to receive shares of Common Stock upon such conversion, receive, in addition to, and concurrently with the delivery of, the consideration otherwise payable hereunder upon such conversion, the rights described in any stockholders’ rights plan(s) of the Company then in effect; provided, however, that no such provision need be made if the rights have been separated from the Common Stock prior to the time of such conversion, but the provisions of Section 8.06(c) hereof shall apply.
Rights Distributions Pursuant to Stockholders’ Rights Plans. Upon conversion of any Note or a portion thereof, the Company shall make provisions for the Holder thereof, to the extent such Holder is to receive any shares of Common Stock, if any, upon such conversion, to receive, in addition to, and concurrently with the delivery of, the consideration otherwise deliverable hereunder upon such conversion, the rights described in any stockholder’s rights plan the Company may have in effect at such time, unless such rights have separated from the Common Stock at the time of such conversion, in which case the Conversion Rate shall be adjusted upon such separation in accordance with Section 12.05(c) of this Supplemental Indenture. A further adjustment shall occur as described in Section 12.05(c) above if such rights become exercisable to purchase different securities, evidences of indebtedness, or assets, subject to readjustment in the event of the expiration, termination or redemption of such right.
Rights Distributions Pursuant to Stockholders’ Rights Plans. Upon conversion of any Security or a portion thereof, the Company shall make provision such that the Holder thereof shall, to the extent such Holder is to receive shares of Common Stock upon such conversion, receive, in addition to, and concurrently with the delivery of, the consideration otherwise payable hereunder upon such conversion, the rights described in the Rights Agreement (as the same may be amended, supplemented or replaced) and any future stockholders’ rights plan(s) of the Company then in effect; provided, however, that no such provision need be made if the rights have been separated from the Common Stock prior to the time of such conversion, but in such event, the provisions of Section 10.05(b) shall apply.
Rights Distributions Pursuant to Stockholders’ Rights Plans. Upon conversion of any Security or a portion thereof, the Company shall make provision for the Holder thereof to receive, in addition to, and concurrently with the delivery of, the consideration otherwise payable hereunder upon such conversion, the rights described in each and any stockholders' rights plan the Company may have in effect at such time (unless the rights have been separated from the Common Stock prior to the time of conversion, in which case the provisions of SECTION 10.06(c) shall apply). In the event that the Company implements a stockholders' rights plan after the date hereof, the Company shall provide that the Holders will receive upon conversion of their Securities, in addition to the consideration otherwise payable hereunder upon such conversion, the rights described therein (unless the rights have been separated from the Common Stock prior to the time of conversion, in which case the provisions of SECTION 10.06(c) shall apply).
Rights Distributions Pursuant to Stockholders’ Rights Plans. Upon conversion of any Security or a portion thereof, the Company shall make provision for the Holder thereof to receive, in addition to, and concurrently with the delivery of, the consideration otherwise payable hereunder upon such conversion on, the rights described in any stockholders' rights plan the Company may have in effect at such time (whether or not the rights have been separated from the Common Stock prior to the time of conversion). In the event that the Company implements a stockholders' rights plan after the date hereof, the Company shall provide that the Holders shall receive upon conversion of their Securities, in addition to the consideration otherwise payable hereunder upon such conversion, the rights described therein (whether or not the rights have been separated from the Common Stock prior to the time of conversion).
Rights Distributions Pursuant to Stockholders’ Rights Plans. Upon conversion, the Holders of Notes shall also receive, to the extent they receive shares of Common Stock, the associated rights under the rights agreement, dated as of October 27, 2004, between the Company and Mellon Investor Services LLC or any future shareholder rights plan the Company may establish (a “Rights Plan”), unless such rights have separated from the Common Stock at the time of conversion and such Rights Plan does not provide for the issuance upon conversion of the Notes of a number of rights equal to the number of rights that a holder of a number of shares of Common Stock equal to the applicable Conversion Rate would have received upon such separation, in which case upon such separation, the Conversion Rate shall be adjusted pursuant to Section 6.5(c), subject to readjustment in the event of the expiration, termination or redemption of such rights.
Rights Distributions Pursuant to Stockholders’ Rights Plans. Section 10.13 of the Indenture is hereby amended by (i) deleting the first reference to “Company” and inserting in lieu thereof “Guarantor,” (ii) deleting the following words from the section “the Rights Agreement (as the same may be amended, supplemented or replaced) and any future” and replacing them with “any” and (iii) deleting the last reference to “Company” and replacing it with “Guarantor.”
Rights Distributions Pursuant to Stockholders’ Rights Plans. In the event that the Company implements a shareholders’ rights plan after the date hereof, the Company shall provide that the Holders will receive, upon conversion of their Securities, to the extent such Holders receive shares of Common Stock upon such conversion, the associated rights issued under such shareholders’ rights plan, unless prior to conversion such rights have separated from the Common Stock, expired, terminated or been redeemed in accordance with such shareholders’ rights plan. If such rights shall have separated from the Common Stock prior to conversion by a Holder, then for purposes of Section 10.05 and Section 10.06, such separation shall be treated as a distribution of such rights and the Conversion Rate shall be adjusted pursuant to Section 10.05(b) or Section 10.05(c), as applicable.
