Common use of Stockholder Rights Plans Clause in Contracts

Stockholder Rights Plans. If the Company has a stockholder rights plan in effect at the time any Conversion Settlement Consideration is payable or deliverable, as applicable, upon conversion of any Notes, then each share of Common Stock, if any, so deliverable shall be accompanied with such number of rights as would be accompanied by such shares pursuant to such rights plan if such shares were issued in the circumstances set forth in such rights plan as would entitle such shares to be so accompanied by such rights. However, if prior to any conversion of Notes, the rights have separated from the shares of Common Stock in accordance with the provisions of the applicable stockholder rights plan, then in such case, and only in such case, the Conversion Rate shall be adjusted at the time of separation as if the Company distributed to all or substantially all holders of the Common Stock shares of its Capital Stock, evidences of its indebtedness, other assets or property of the Company or rights, options or warrants to acquire the Company’s Capital Stock or other securities as provided in Section 12.04(c), subject to readjustment in the event of the expiration, termination or redemption of such rights.

Stockholder Rights Plans. If To the extent that the Company has a stockholder rights plan in effect at the time any Conversion Settlement Consideration is payable or deliverable, as applicable, upon conversion of any the Notes, then each share of Common Stock, if any, so deliverable issued upon such conversion shall be accompanied with such entitled to receive the appropriate number of rights as would be accompanied by such shares pursuant to such rights plan if such shares were issued in the circumstances set forth in such rights plan as would entitle such shares to be so accompanied by such rights. However, if prior any, and the certificates representing the Common Stock issued upon such conversion shall bear such legends, if any, in each case as may be provided by the terms of any such stockholder rights plan, as the same may be amended from time to any conversion time. If at the time of Notesconversion, however, the rights have separated from the shares of Common Stock in accordance with the provisions of the applicable stockholder rights planplan so that the Holders would not be entitled to receive any rights in respect of Common Stock, then in such caseif any, and only in such caseissuable upon conversion of the Notes, the Conversion Rate shall be adjusted at the time of separation as if the Company distributed to all or substantially all holders of the Common Stock shares of its Capital StockStock of the Company, evidences of its indebtedness, other assets or property of the Company or rights, options or warrants to acquire the Company’s its Capital Stock or other securities as provided in Section 12.04(c14.04(c), subject to readjustment in the event of the expiration, termination or redemption of such rights.

Stockholder Rights Plans. If To the extent that the Company has a stockholder rights plan in effect at the time any Conversion Settlement Consideration is payable or deliverable, as applicable, upon conversion of any Notesthe Debentures, then each share of Common Stock, if any, so deliverable issued upon such conversion shall be accompanied with such entitled to receive the appropriate number of rights as would be accompanied by such shares pursuant to such rights plan if such shares were issued in the circumstances set forth in such rights plan as would entitle such shares to be so accompanied by such rights. However, if prior any, and the certificates representing the Common Stock issued upon such conversion shall bear such legends, if any, in each case as may be provided by the terms of any such stockholder rights plan, as the same may be amended from time to any conversion time. If at the time of Notesconversion, however, the rights have separated from the shares of Common Stock in accordance with the provisions of the applicable stockholder rights planplan so that the Holders would not be entitled to receive any rights in respect of Common Stock, then in such caseif any, and only in such caseissuable upon conversion of the Debentures, the Conversion Rate shall be adjusted at the time of separation as if the Company distributed to all or substantially all holders of the Common Stock shares of its Capital StockStock of the Company, evidences of its indebtedness, other assets or property of the Company or rights, options or warrants to acquire the Company’s its Capital Stock or other securities as provided in Section 12.04(c14.04(c), subject to readjustment in the event of the expiration, termination or redemption of such rights.

Stockholder Rights Plans. If To the extent that the Company has a stockholder rights plan in effect at upon exchange of the time any Conversion Settlement Consideration is payable or deliverable, as applicable, upon conversion of any Notes, then each share of Common StockStock issued upon such exchange shall be entitled to receive the appropriate number of rights, if any, so deliverable and the certificates representing the Common Stock issued upon such exchange shall be accompanied with bear such number of rights as would be accompanied by such shares pursuant to such rights plan if such shares were issued in the circumstances set forth in such rights plan as would entitle such shares to be so accompanied by such rights. Howeverlegends, if prior any, in each case as may be provided by the terms of any such stockholder rights plan, as the same may be amended from time to any conversion time. If at the time of Notesexchange, however, the rights have separated from the shares of Common Stock in accordance with the provisions of the applicable stockholder rights plan, then plan so that the Holders would not be entitled to receive any rights in such case, and only in such caserespect of Common Stock issuable upon exchange of the Notes, the Conversion Exchange Rate shall be adjusted at the time of separation as if the Company Parent distributed to all or substantially all holders of the Common Stock shares of its Capital StockStock of Parent, evidences of its indebtedness, other assets or property of the Company or rights, options or warrants to acquire the Company’s its Capital Stock or other securities as provided in Section 12.04(c13.06(c), subject to readjustment in the event of the expiration, termination or redemption of such rights.

Stockholder Rights Plans. If To the extent that the Company has a stockholder rights plan in effect at the time any Conversion Settlement Consideration is payable or deliverable, as applicable, upon conversion of any the Notes, then each share of Common Stock, if any, so deliverable issued upon such conversion shall be accompanied with such entitled to receive the appropriate number of rights as would be accompanied by such shares pursuant to such rights plan if such shares were issued in the circumstances set forth in such rights plan as would entitle such shares to be so accompanied by such rights. However, if prior any, and the certificates representing the Common Stock issued upon such conversion shall bear such legends, if any, in each case as may be provided by the terms of any such stockholder rights plan, as the same may be amended from time to any conversion time. If at the time of Notesconversion, however, the rights have separated from the shares of Common Stock in accordance with the provisions of the applicable stockholder rights planplan so that the Holders would not be entitled to receive any rights in respect of Common Stock, then in such caseif any, and only in such caseissuable upon conversion of the Notes, the Conversion Rate shall be adjusted at the time of separation as if the Company distributed to all or substantially all holders of the Common Stock Stock, shares of its Capital StockStock of the Company, evidences of its indebtedness, other assets or property of the Company or assets, property, rights, options or warrants to acquire the Company’s Capital Stock or other securities as provided in Section 12.04(c8.04(c), subject to readjustment in the event of the expiration, termination or redemption of such rights.

Stockholder Rights Plans. If To the extent that the Company has a stockholder rights plan in effect at upon exercise of the time any Conversion Settlement Consideration is payable or deliverableWarrants, as applicable, upon conversion of any Notes, then each share of Common StockStock issued upon such exercise shall be entitled to receive the appropriate number of rights, if any, so deliverable and the certificates representing the Common Stock issued upon such exercise shall be accompanied with bear such number of rights as would be accompanied by such shares pursuant to such rights plan if such shares were issued in the circumstances set forth in such rights plan as would entitle such shares to be so accompanied by such rights. Howeverlegends, if prior any, in each case as may be provided by the terms of any such stockholder rights plan, as the same may be amended from time to any conversion time. If at the time of Notesexercise, however, the rights have separated from the shares of Common Stock in accordance with the provisions of the applicable stockholder rights plan, then plan so that the Holders would not be entitled to receive any rights in such case, and only in such caserespect of Common Stock issuable upon exercise of the Warrants, the Conversion Rate Exercise Price shall be adjusted at the time of separation as if the Company distributed to all or substantially all holders of the Common Stock shares of its Capital StockStock of the Company, evidences of its indebtednessIndebtedness, other assets or property of the Company or rights, options or warrants to acquire the Company’s its Capital Stock or other securities as provided in Section 12.04(c4.01(c), subject to readjustment in the event of the expiration, termination or redemption of such rights.

Stockholder Rights Plans. If To the extent that the Company has a stockholder rights plan in effect at the time any Conversion Settlement Consideration is payable or deliverable, as applicable, upon conversion of any the Notes, then each share of Common Stock, if any, so deliverable issued upon such conversion shall be accompanied with such entitled to receive the appropriate number of rights as would be accompanied by such shares pursuant to such rights plan if such shares were issued in the circumstances set forth in such rights plan as would entitle such shares to be so accompanied by such rights. However, if any, and the certificates representing the Common Stock issued upon such conversion shall bear such legends, if any, in each case as may be provided by the terms of any such stockholder rights plan, as the same may be amended from time to time. If prior to any conversion the time of Notesconversion, however, the rights have separated from the shares of Common Stock in accordance with the provisions of the applicable stockholder rights planplan so that the Holders would not be entitled to receive any rights in respect of Common Stock, then in such caseif any, and only in such caseissuable upon conversion of the Notes, the Conversion Rate shall be adjusted at the time of separation as if the Company distributed to all or substantially all holders of the Common Stock shares of its Capital StockStock of the Company, evidences of its indebtedness, other assets or property of the Company or rights, options or warrants to acquire the Company’s its Capital Stock or other securities as provided in Section 12.04(c), subject to readjustment in the event of the expiration, termination or redemption of such rights.

Stockholder Rights Plans. If To the extent that the Company has a stockholder rights plan in effect at the time any Conversion Settlement Consideration is payable or deliverable, as applicable, upon conversion of any the Notes, then each share of Common Stock, if any, so deliverable issued upon such conversion shall be accompanied with such entitled to receive the appropriate number of rights as would be accompanied by such shares pursuant to such rights plan if such shares were issued in the circumstances set forth in such rights plan as would entitle such shares to be so accompanied by such rights. However, if prior any, and the certificates representing the Common Stock issued upon such conversion shall bear such legends, if any, in each case as may be provided by the terms of any such stockholder rights plan, as the same may be amended from time to any conversion time. If at the time of Notesconversion, however, the rights have separated from the shares of Common Stock in accordance with the provisions of the applicable stockholder rights planplan so that the Holders would not be entitled to receive any rights in respect of Common Stock, then in such caseif any, and only in such caseissuable upon conversion of the Notes, the Conversion Rate Price shall be adjusted at the time of separation as if the Company distributed to all or substantially all holders of the Common Stock shares of its Capital StockStock of the Company, evidences of its indebtedness, other assets or property of the Company or rights, options or warrants to acquire the Company’s its Capital Stock or other securities as provided in Section 12.04(c14.04(c), subject to readjustment in the event of the expiration, termination or redemption of such rights.

Stockholder Rights Plans. If To the extent that the Company has a stockholder rights plan in effect at the time any Conversion Settlement Consideration is payable or deliverable, as applicable, upon conversion of any the Notes, then each share of Common Stock, if any, so deliverable issued upon such conversion shall be accompanied with such entitled to receive the appropriate number of rights as would be accompanied by such shares pursuant to such rights plan if such shares were issued in the circumstances set forth in such rights plan as would entitle such shares to be so accompanied by such rights. However, if prior any, and the certificates representing the Common Stock issued upon such conversion shall bear such legends, if any, in each case as may be provided by the terms of any such stockholder rights plan, as the same may be amended from time to any conversion time. If at the time of Notesconversion, however, the rights have separated from the shares of Common Stock in accordance with the provisions of the applicable stockholder rights planplan so that the Holders would not be entitled to receive any rights in respect of Common Stock, then in such caseif any, and only in such caseissuable upon conversion of the Notes, the Conversion Rate shall be adjusted at the time of separation as if the Company distributed to all or substantially all holders of the Common Stock Stock, shares of its Capital StockStock of the Company, evidences of its indebtedness, other assets or property of the Company or assets, property, rights, options or warrants to acquire the Company’s Capital Stock or other securities as provided in Section 12.04(c13.04(c), subject to readjustment in the event of the expiration, termination or redemption of such rights, notwithstanding anything to the contrary in this Article 13.

Stockholder Rights Plans. If To the extent that the Company has a stockholder rights plan in effect at upon exchange of the time any Conversion Settlement Consideration is payable or deliverable, as applicable, upon conversion of any Notes, then each share of Common StockStock issued upon such exchange shall be entitled to receive the appropriate number of rights, if any, so deliverable and the certificates representing the Common Stock issued upon such exchange shall be accompanied with bear such number of rights as would be accompanied by such shares pursuant to such rights plan if such shares were issued in the circumstances set forth in such rights plan as would entitle such shares to be so accompanied by such rights. Howeverlegends, if prior any, in each case as may be provided by the terms of any such stockholder rights plan, as the same may be amended from time to any conversion time. If at the time of Notesexchange, however, the rights have separated from the shares of Common Stock in accordance with the provisions of the applicable stockholder rights plan, then plan so that the Holders would not be entitled to receive any rights in such case, and only in such caserespect of Common Stock issuable upon exchange of the Notes, the Conversion Exchange Rate shall be adjusted at the time of separation as if the Company Parent distributed to all or substantially all holders of the Common Stock shares of its Capital StockStock of Parent, evidences of its indebtedness, other assets or property of the Company or rights, options or warrants to acquire the Company’s its Capital Stock or other securities as provided in Section 12.04(c1306(c), subject to readjustment in the event of the expiration, termination or redemption of such rights.

Stockholder Rights Plans. If the Company has a stockholder rights plan in effect at the time any Conversion Settlement Consideration is payable or deliverable, as applicable, upon conversion of any Notes, then each share of Common Stock, if any, so deliverable shall be accompanied with such number of rights as would be accompanied by such shares pursuant to such rights plan if such shares were issued in the circumstances set forth in such rights plan as would entitle such shares to be so accompanied by such rights. However, if prior to any conversion of Notes, the rights have separated from the shares of Common Stock in accordance with the provisions of the applicable stockholder rights plan, then in such case, and only in such case, the Conversion Rate shall be adjusted at the time of separation as if the Company distributed to all or substantially all holders of the Common Stock shares of its Capital Stock, evidences of its indebtedness, other assets or property of the Company or rights, options or warrants to acquire the Company’s Capital Stock or other securities as provided in Section 12.04(c1004(c), subject to readjustment re-adjustment in the event of the expiration, termination or redemption of such rights.. ARTICLE ELEVEN

Stockholder Rights Plans. If To the extent that the Company has a stockholder rights plan in effect at the time any Conversion Settlement Consideration is payable or deliverable, as applicable, upon conversion of any the Notes, then each share of Common Stock, if any, so deliverable issued upon such conversion shall be accompanied with such entitled to receive the appropriate number of rights as would be accompanied by such shares pursuant to such rights plan if such shares were issued in the circumstances set forth in such rights plan as would entitle such shares to be so accompanied by such rights. However, if prior any, and the certificates representing the Common Stock issued upon such conversion shall bear such legends, if any, in each case as may be provided by the terms of any such stockholder rights plan, as the same may be amended from time to any conversion time. If at the time of Notesconversion, however, the rights have separated from the shares of Common Stock in accordance with the provisions of the applicable stockholder rights planplan so that the Holders would not be entitled to receive any rights in respect of Common Stock, then in such caseif any, and only in such caseissuable upon conversion of the Notes, the Conversion Rate shall be adjusted at the time of separation as if the Company distributed to all or substantially all holders of the Common Stock Stock, shares of its Capital StockStock of the Company, evidences of its indebtedness, other assets or property of the Company or assets, 39 property, rights, options or warrants to acquire the Company’s Capital Stock or other securities as provided in Section 12.04(c8.04(c), subject to readjustment in the event of the expiration, termination or redemption of such rights.

Stockholder Rights Plans. If To the extent that the Company has a stockholder rights plan in effect at the time any Conversion Settlement Consideration is payable or deliverable, as applicable, upon conversion of any the Notes, then each share of Common Stock, if any, so deliverable issued upon such conversion shall be accompanied with such entitled to receive the appropriate number of rights as would be accompanied by such shares pursuant to such rights plan if such shares were issued in the circumstances set forth in such rights plan as would entitle such shares to be so accompanied by such rights. However, if prior any, and the certificates representing the Common Stock issued upon such conversion shall bear such legends, if any, in each case as may be provided by the terms of any such stockholder rights plan, as the same may be amended from time to any conversion time. If at the time of Notesconversion, however, the rights have separated from the shares of Common Stock in accordance with the provisions of the applicable stockholder rights planplan so that the Holders would not be entitled to receive any rights in respect of Common Stock, then in such caseif any, and only in such caseissuable upon conversion of the Notes, the Conversion Rate shall be adjusted at the time of separation as if the Company distributed to all or substantially all holders of the Common Stock Stock, shares of its Capital StockStock of the Company, evidences of its indebtedness, other assets or property of the Company or assets, property, rights, options or warrants to acquire the Company’s Capital Stock or other securities as provided in Section 12.04(c14.04(c), subject to readjustment in the event of the expiration, termination or redemption of such rights.