Examples of Public Acquirer Change of Control in a sentence
Such supplemental indenture shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Article or pursuant to Section 10.05 in the case of a Public Acquirer Change of Control, as the case may be.
Notwithstanding the previous sentence, in the case of a Public Acquirer Change of Control, the Company may, in lieu of increasing the Conversion Rate by Additional Shares, elect to adjust the Conversion Rate and Conversion Obligation such that from and after the effective date of such Public Acquirer Change of Control, Holders of the Securities shall be entitled to convert their Securities into a number of shares of Public Acquirer Common Stock, as determined pursuant to Section 10.01(d) of the Indenture.
In certain circumstances involving a Public Acquirer Change of Control, the Company may elect, in lieu of increasing the Exchange Rate by the number of Additional Shares of Common Stock, to provide for the exchange of the Notes into shares of the Public Acquirer Common Stock as set forth in Section 14.07 of the Indenture.
If the Company elects to adjust the Conversion Rate as described in this Section 11.01(c), from and after the Effective Date of such Public Acquirer Change of Control, Holders of the Securities will be entitled to convert their Securities into a number of shares of Public Acquirer Common Stock based on the Conversion Rate as so adjusted, and Holders will not be entitled to the Additional Shares pursuant to Section 11.03(c) as a result of such Public Acquirer Change of Control.
Notwithstanding anything to the contrary in this Section 10, in the event of a Cash Acquisition that constitutes a Public Acquirer Change of Control, the Issuer may, by delivery of notice pursuant to Section 10.2, elect to cause the Preferred Stock to be convertible into Acquirer Common Stock (the “Public Acquirer Election”).