Common use of Voluntary Increase Clause in Contracts

Voluntary Increase. The Company from time to time may increase the Conversion Rate by any amount for any period of time if the period is at least 20 days and if the increase is irrevocable during the period if the Board of Directors determines that such increase would be in the best interest of the Company or the Board of Directors deems it advisable to avoid or diminish income tax to holders of shares of our Common Stock in connection with any stock or rights dividend or distribution or similar event, and the Company provides 15 days prior notice of any increase in the Conversion Rate.

Appears in 8 contracts

Samples: Indenture (Guardian II Acquisition CORP), Indenture (Affymetrix Inc), Indenture (Oscient Pharmaceuticals Corp)

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Voluntary Increase. The Company from time to time may increase the Conversion Rate by any amount for any period of time if the period is at least 20 days and if the increase is irrevocable during the period if the Board of Directors determines that such increase would be in the best interest of the Company or the Board of Directors deems it advisable to avoid or diminish income tax to holders of shares of our Common Stock in connection with any stock or rights dividend or distribution or similar event, and the Company provides 15 days prior notice to the Holders, the Trustee and the Conversion Agent of any increase in the Conversion Rate.

Appears in 3 contracts

Samples: New Century Financial Corp, WCHS Licensee LLC, Indenture (New Century Financial Corp)

Voluntary Increase. The Company from time to time may increase the Conversion Rate by any amount for any period of time if the period is at least 20 days and if the increase is irrevocable during the period if the Board of Directors determines that such increase would be in the best interest of the Company or the Board of Directors deems it advisable to avoid or diminish income tax to holders of shares of our Common Stock in connection with any stock or rights dividend or distribution or similar event, and the Company provides at least 15 days prior notice of any increase in the Conversion Rate.

Appears in 2 contracts

Samples: Indenture (Affymetrix Inc), Affymetrix Inc

Voluntary Increase. The Company from time to time may increase the Conversion Rate by any amount for any period of time if the period is at least 20 days and if the increase is irrevocable during the period if the Board of Directors determines that such increase would be in the best interest of the Company or the Board of Directors deems it advisable to avoid or diminish income tax to holders of shares of our Common Applicable Stock in connection with any stock or rights dividend or distribution or similar event, and the Company provides 15 days prior notice of any increase in the Conversion Rate.

Appears in 2 contracts

Samples: Indenture (Veritas Software Corp /De/), Indenture (Symantec Corp)

Voluntary Increase. The Company from time to time may increase the Conversion Rate Rate, to the extent permitted by law, if the Board of Directors determines that such increase would be in the best interests of the Company, by any amount for any period of time if the period is at least 20 days and if the days. The increase is irrevocable during the such period if the Board of Directors determines that such increase would be in the best interest of the Company or the Board of Directors deems it advisable to avoid or diminish income tax to holders of shares of our Common Stock in connection with any stock or rights dividend or distribution or similar event, and the Company provides will give at least 15 days prior notice of any such increase in to the Conversion RateTrustee and Holders.

Appears in 2 contracts

Samples: Indenture (ACE Aviation Holdings Inc.), Great Basin Gold LTD

Voluntary Increase. The Company Obligors from time to time may increase the Conversion Rate by any amount for any period of time if the period is at least 20 days and if the increase is irrevocable during the period if the Company's Board of Directors determines that such increase would be in the best interest interests of the Company Obligors or the Company's Board of Directors deems it advisable to avoid or diminish income tax to holders of shares of our Common Stock in connection with any stock or rights dividend or distribution or similar event, and the Company provides Obligors provide 15 days prior notice of any increase in the Conversion Rate.

Appears in 2 contracts

Samples: Valeant Pharmaceuticals International, Inc., Valeant Pharmaceuticals International

Voluntary Increase. The Company from time to time may increase the Conversion Rate by any amount for any period of time if the period is at least 20 days and if the increase is irrevocable during the period if the our Board of Directors determines that such increase would be in the best interest of the Company or the Board of Directors deems it advisable to avoid or diminish income tax to holders of shares of our Common Stock in connection with any stock or rights a dividend or distribution of stock or similar event, and the Company provides 15 20 days prior notice of any increase in the Conversion Rate.

Appears in 1 contract

Samples: Indenture (Actuant Corp)

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Voluntary Increase. The Company from time to time may increase the Conversion Rate Rate, to the extent permitted by law, by any amount for any period of time if the period is at least 20 days Business Days, and if the Company provides 15 days’ prior written notice to any increase is irrevocable during in the period if Conversion Rate to the Trustee and Holders. The Company may also make such an increase to the Conversion Rate as the Board of Directors determines that such increase would be in the best interest of the Company or the Board of Directors deems it advisable to avoid or diminish income tax to holders of shares of our Common Stock in connection with any stock or rights a dividend or distribution of stock (or similar event, and the Company provides 15 days prior notice of rights to acquire stock) or from any increase in the Conversion Rateevent treated as such for income tax purposes.

Appears in 1 contract

Samples: First Supplemental Indenture (Hutchinson Technology Inc)

Voluntary Increase. The Company from time to time may increase the Conversion Rate Rate, to the extent permitted by law, by any amount for any period of time if the period is at least 20 days and if days, the increase is irrevocable during the period if and the Board of Directors determines that such increase would be in the best interest interests of the Company or the Board of Directors deems it advisable to avoid or diminish income tax to holders of shares of our Common Stock in connection with any stock or rights a dividend or distribution of stock or similar event, and the Company provides 15 days days' prior written notice of any increase in the Conversion RateRate to the Trustee and the Holders.

Appears in 1 contract

Samples: Open Solutions Inc

Voluntary Increase. The Company from time to time may increase the Conversion Rate Price by any amount for any period of time if the period is at least 20 days and if the increase is irrevocable during the period if the our Board of Directors determines that such increase would be in the best interest of the Company or the Board of Directors deems it advisable to avoid or diminish income tax to holders of shares of our Common Stock in connection with any stock or rights a dividend or distribution of stock or similar event, and the Company provides 15 20 days prior notice of any increase in the Conversion RatePrice.

Appears in 1 contract

Samples: Satisfaction and Discharge of Indenture (Actuant Corp)

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