Share Reserve. At all times when any Notes are outstanding, the Company will reserve (out of its authorized and not outstanding Ordinary Shares that are not reserved for other purposes) a number of Ordinary Shares sufficient to permit the conversion of all then-outstanding Notes, assuming (x) Physical Settlement will apply to such conversion; and (y) the Conversion Rate then in effect is increased by the maximum amount pursuant to which the Conversion Rate may be increased pursuant to Section 5.07. To the extent the Company delivers Ordinary Shares held in its treasury in settlement of the conversion of any Notes, each reference in this Indenture or the Notes to the issuance of Ordinary Shares in connection therewith will be deemed to include such delivery, mutatis mutandis.
Appears in 4 contracts
Sources: Indenture (Nebius Group N.V.), Indenture (Nebius Group N.V.), Indenture (Nebius Group N.V.)
Share Reserve. At all times when any Notes are outstanding, the Company will reserve (out of its authorized and not outstanding Ordinary but unissued Common Shares that are not reserved for other purposes) a number of Ordinary Common Shares sufficient equal to permit the conversion product of (i) the aggregate principal amount (expressed in thousands) of all then-outstanding Notes, assuming (x) Physical Settlement will apply to such conversion; and (yii) the Conversion Rate then in effect (assuming, for these purposes, that the Conversion Rate is increased by the maximum amount pursuant to which the Conversion Rate may be increased pursuant to Section 5.07). To the extent the Company delivers Ordinary Common Shares held in its treasury in settlement of the conversion of any Notes, each reference in this Indenture or the Notes to the issuance of Ordinary Common Shares in connection therewith will be deemed to include such delivery, mutatis mutandis.
Appears in 3 contracts
Sources: Indenture (Imax Corp), Indenture (enCore Energy Corp.), Indenture (Imax Corp)
Share Reserve. At all times when any Notes are outstanding, the Company will reserve (reserve, out of its authorized authorized, unreserved and not outstanding Ordinary Shares that are not reserved for other purposes) Shares, a number of Ordinary Shares sufficient to permit the conversion of all then-outstanding Notes, assuming (x) Physical Settlement will apply to such conversion; and (y) the Conversion Rate then in effect is increased by the maximum amount pursuant to which the Conversion Rate may be increased pursuant to Section 5.07. To the extent the Company delivers Ordinary Shares held in its treasury in settlement of the conversion of any Notes, each reference in this Indenture or the Notes to the issuance of Ordinary Shares in connection therewith will be deemed to include such delivery, mutatis mutandis.
Appears in 3 contracts
Sources: Indenture (Farfetch LTD), Indenture (Farfetch LTD), Indenture (Aegerion Pharmaceuticals, Inc.)
Share Reserve. At The Company undertakes to ensure that, at all times when any Notes are outstanding, the Company will reserve (out has sufficient authorization from the Board of Directors in its authorized and not outstanding Ordinary Shares that are not reserved for other purposes) articles of association to issue a number of Ordinary Shares sufficient to permit the issuance and delivery of Ordinary Shares represented by ADSs upon the conversion of all then-outstanding Notes, assuming (x) Physical Settlement will apply to such conversion; and (y) the Conversion Rate then in effect is increased by the maximum amount pursuant to which the Conversion Rate may be increased pursuant to Section 5.07. To the extent the Company delivers Ordinary Shares held in its treasury in connection with the settlement of the conversion of any Notes, each reference in this Indenture or the Notes to the issuance of Ordinary Shares in connection therewith will be deemed to include such delivery, mutatis mutandis.
Appears in 1 contract
Sources: Indenture (Ascendis Pharma a/S)