Common use of Settlement Upon Conversion Clause in Contracts

Settlement Upon Conversion. The Company shall satisfy its obligation to deliver Conversion Shares and, if applicable, Dividend Shares (or such other class or series of securities into which the Series A Preferred Stock is then convertible) upon conversion of Series A Preferred Stock by delivering to each Holder surrendering shares of Series A Preferred Stock for conversion a number of shares of Common Stock (or such other class or series of securities into which the Series A Preferred Stock is then convertible) equal to the number of Conversion Shares and, if applicable, Dividend Shares to which such Holder is entitled pursuant to Section 6 (provided that the Company will deliver cash in lieu of fractional shares), as soon as practicable after the third Trading Day (but in no event later than the fifth Business Day) following the Stockholder Approval Date. In the event the Company elects to pay cash pursuant to Section 6(b)(i), such cash payment shall be made on the same date.

Appears in 8 contracts

Samples: Purchase Agreement (Genco Shipping & Trading LTD), Purchase Agreement (Strategic Value Partners, LLC), Purchase Agreement (Genco Shipping & Trading LTD)

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Settlement Upon Conversion. The Company shall satisfy its obligation to deliver Conversion Shares and, if applicable, Dividend Shares (or such other class or series of securities into which the Series A B Preferred Stock is then convertible) upon conversion of Series A B Preferred Stock by delivering to each Holder surrendering shares of Series A B Preferred Stock for conversion a number of shares of Common Stock (or such other class or series of securities into which the Series A B Preferred Stock is then convertible) equal to the number of Conversion Shares and, if applicable, Dividend Shares to which such Holder is entitled pursuant to Section 6 5 (provided that the Company will deliver cash in lieu of fractional shares), as soon as practicable after the third Trading Day (but in no event later than the fifth Business Day) following the Stockholder Approval Date. In the event the Company elects to pay cash pursuant to Section 6(b)(i5(b)(i), such cash payment shall be made on the same date.

Appears in 1 contract

Samples: Investment Agreement (XPO Logistics, Inc.)

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Settlement Upon Conversion. The Company shall satisfy its obligation to deliver Conversion Shares and, if applicable, Dividend Shares (or such other class or series of securities into which the Series A C Preferred Stock is then convertible) upon conversion of Series A C Preferred Stock by delivering to each Holder surrendering shares of Series A C Preferred Stock for conversion a number of shares of Common Stock (or such other class or series of securities into which the Series A C Preferred Stock is then convertible) equal to the number of Conversion Shares and, if applicable, Dividend Shares to which such Holder is entitled pursuant to Section 6 5 (provided that the Company will deliver cash in lieu of fractional shares), as soon as practicable after the third Trading Day (but in no event later than the fifth Business Day) following the Stockholder Approval Date. In the event the Company elects to pay cash pursuant to Section 6(b)(i5(b)(i), such cash payment shall be made on the same date.

Appears in 1 contract

Samples: Investment Agreement (XPO Logistics, Inc.)

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