Voluntary Adjustments. To the extent permitted by law and applicable stock exchange rules, the Issuer, from time to time, may (but is not required to) increase the Conversion Rate by any amount if (i) the Board of Directors determines that such increase is either (x) in the best interest of the Issuer; or (y) advisable to avoid or diminish any income tax imposed on holders of Common Stock or rights to purchase Common Stock as a result of any dividend or distribution of shares (or rights to acquire shares) of Common Stock or any similar event; (ii) such increase is in effect for a period of at least twenty (20) Business Days; and (iii) such increase is irrevocable during such period.
Appears in 5 contracts
Samples: Note Purchase Agreement (Senseonics Holdings, Inc.), Subscription Agreement (5E Advanced Materials, Inc.), Note Purchase Agreement (5E Advanced Materials, Inc.)
Voluntary Adjustments. To the extent permitted by law and applicable stock exchange rules, the IssuerCompany, from time to time, may (but is not required to) increase the Conversion Rate by any amount if (i) the Board of Directors determines that such increase is either (x) in the best interest of the IssuerCompany; or (y) advisable to avoid or diminish any income tax imposed on holders of Common Stock or rights to purchase Common Stock as a result of any dividend or distribution of shares (or rights to acquire shares) of Common Stock or any similar event; (ii) such increase is in effect for a period of at least twenty (20) Business Days; and (iii) such increase is irrevocable during such period.
Appears in 3 contracts
Samples: Indenture (Guess Inc), Indenture (Guess Inc), Indenture (Bloomin' Brands, Inc.)
Voluntary Adjustments. To the extent permitted by law and applicable stock exchange rules, the IssuerBoard of Directors, from time to time, may (but is not required to) increase the Conversion Rate by any amount if if: (i) the Board of Directors Issuer determines that such increase is either (x) in the best interest of the Issuer; Issuer or (y) advisable to avoid or diminish any income tax imposed on holders of Common Stock or rights to purchase Common Stock as a result of any dividend or distribution of shares (or rights to acquire shares) of Common Stock or any similar event; (ii) such increase is in effect for a period of at least twenty (20) 20 Business Days; and (iii) such increase is irrevocable during such period.. (k)
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