Fundamental Change Dividend Make-whole Amount definition

Fundamental Change Dividend Make-whole Amount shall have the meaning set forth in the Certificate of Designations.

Fundamental Change Dividend Make-whole Amount shall have the meaning set forth in Section 7(d)(i)(A).

Fundamental Change Dividend Make-whole Amount shall have the meaning set forth in the Certificate of Amendment.

Examples of Fundamental Change Dividend Make-whole Amount in a sentence

• To the extent that the cash amount of the aggregate unpaid and undelivered Fundamental Change Dividend Make-whole Amount exceeds the product of such number of additional shares and 97% of the Fundamental Change Share Price, the Corporation shall not have any obligation to pay the shortfall in cash or deliver additional shares of Common Stock in respect of such amount.

• Holders who do not submit Series A-1 Preferred Stock for conversion during the Fundamental Change Conversion Period will not be entitled to convert their Series A-1 Preferred Stock at the Fundamental Change Conversion Rate or to receive the Fundamental Change Dividend Make-whole Amount or the Accumulated Dividend Amount.

• Holders who convert their shares of the Mandatory Convertible Preferred Stock during that period will also receive a Fundamental Change Dividend Make-whole Amount and to the extent there is any, the Accumulated Dividend Amount.

• With respect to any Fundamental Change, Holders who do not submit shares of Mandatory Convertible Preferred Stock for conversion during the relevant Fundamental Change Conversion Period will not be entitled to convert their non-submitted shares of Mandatory Convertible Preferred Stock at the relevant Fundamental Change Conversion Rate or to receive the relevant Fundamental Change Dividend Make-whole Amount or the relevant Accumulated Dividend Amount.

• Holders who do not submit Series A Preferred Stock for conversion during the Fundamental Change Conversion Period will not be entitled to convert their Series A Preferred Stock at the Fundamental Change Conversion Rate or to receive the Fundamental Change Dividend Make-whole Amount or, in connection with the Fundamental Change, the Accumulated Dividend Amount.

More Definitions of Fundamental Change Dividend Make-whole Amount

Fundamental Change Dividend Make-whole Amount shall have the meaning set forth in Section 9(a).

Fundamental Change Dividend Make-whole Amount shall have the meaning set forth in the Statement.

Fundamental Change Dividend Make-whole Amount shall have the meaning set forth in Subdivision A-1.

Fundamental Change Dividend Make-whole Amount shall have the meaning assigned to it in Section 8(d)(i) of this Subdivision.

Fundamental Change Dividend Make-whole Amount shall have the meaning set forth in Article IV.D. of the Amended and Restated Articles of Incorporation.

Fundamental Change Dividend Make-whole Amount means, with respect to any conversion of a Holder’s Convertible Preference Shares in connection with a Fundamental Change, the present value of all Dividend Amounts on such Holder’s Convertible Preference Shares for all remaining Dividend Periods (including the Dividend Period during which the Effective Date of the Fundamental Change occurs) from such Effective Date to, but excluding, the Mandatory Conversion Start Date, calculated using a discount rate of 4.00% per annum; provided that such calculation shall be based on the assumption that all such remaining Dividend Amounts would be paid in kind until the Mandatory Conversion Start Date and would be paid in cash on such date.

Fundamental Change Dividend Make-whole Amount shall have the meaning set forth in the Statement of Resolution.