When Adjustment May Be Deferred. No adjustment in the Conversion Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Conversion Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 11 shall be made to the nearest cent or to the nearest 1/1,000th of a share, as the case may be.
Appears in 21 contracts
Samples: Indenture (CBRL Group Inc), Indenture (Jones Apparel Group Inc), Indenture (CBRL Group Inc)
When Adjustment May Be Deferred. No adjustment in the Conversion Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Conversion Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 11 shall be made to the nearest cent or to the nearest 1/1,000th 1/10,000th of a share, as the case may be.
Appears in 12 contracts
Samples: Indenture (Nabors Industries Inc), Indenture (Atmel Corp), Indenture (Network Associates Inc)
When Adjustment May Be Deferred. No adjustment in the Conversion Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Conversion Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustmentadjustment and all adjustments that are made and carried forward shall be taken in the aggregate in order to determine if the 1% threshold is met. All calculations under this Article 11 shall be made to the nearest cent or to the nearest 1/1,000th of a share, as the case may be.
Appears in 7 contracts
Samples: Exibit 4 (Mesa Air Group Inc), Rights Agreement (Dri I Inc), Indenture (Selective Insurance Group Inc)
When Adjustment May Be Deferred. No adjustment in the Conversion Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Conversion Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 11 10 shall be made to the nearest cent or to the nearest 1/1,000th of a share, as the case may be.
Appears in 6 contracts
Samples: Indenture (Cendant Corp), Indenture (Cendant Corp), Omnicom Group Inc
When Adjustment May Be Deferred. No adjustment in the Conversion Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Conversion Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 11 13 shall be made to the nearest cent or to the nearest 1/1,000th of a share, as the case may be.
Appears in 5 contracts
Samples: Eleventh Supplemental Indenture (Royal Caribbean Cruises LTD), Eleventh Supplemental Indenture (Royal Caribbean Cruises LTD), Indenture (Avon Products Inc)
When Adjustment May Be Deferred. No adjustment in the Conversion Rate need be made unless the adjustment would require an increase or decrease a change of at least 1% in the Conversion Rate. Any adjustments that are not made due to the immediately preceding sentence shall be carried forward and taken into account in any subsequent adjustment; provided, that any adjustment carried forward shall be deferred not in excess of three years, whereupon any adjustment to the Conversion Rate will be effected. All calculations under this Article 11 9 shall be made to the nearest cent or to the nearest 1/1,000th 1/100th of a share, as the case may be.
Appears in 5 contracts
Samples: Applied Power Inc, Western Resources Inc /Ks, Atlas Air Capital Iii
When Adjustment May Be Deferred. No adjustment in the Conversion Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Conversion Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 11 X shall be made to the nearest cent or to the nearest 1/1,000th of a share, as the case may be.
Appears in 5 contracts
Samples: Indenture (Best Buy Co Inc), Indenture (Best Buy Co Inc), Indenture (Manpower Inc /Wi/)
When Adjustment May Be Deferred. No adjustment in the Conversion Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Conversion Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 11 III shall be made to the nearest cent or to the nearest 1/1,000th 1/l0,000th of a share, as the case may be.
Appears in 3 contracts
Samples: Execution (Sirius Satellite Radio Inc), Indenture (Sirius Satellite Radio Inc), Sirius Satellite Radio Inc
When Adjustment May Be Deferred. No adjustment in the Conversion Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Conversion Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 11 IV shall be made to the nearest cent or to the nearest 1/1,000th of a share, as the case may be.
Appears in 3 contracts
Samples: Second Supplemental Trust Indenture (Capital Automotive Reit), Second Supplemental Trust Indenture (Capital Automotive Reit), Second Supplemental Trust Indenture (Capital Automotive Reit)
When Adjustment May Be Deferred. No adjustment in the Conversion Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Conversion Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 11 10 shall be made to the nearest cent or to the nearest 1/1,000th of a share, as the case may bebe (with one-half of a cent and 5/10,000ths of a share being rounded upward).
Appears in 3 contracts
Samples: Indenture (Laboratory Corp of America Holdings), Indenture (Laboratory Corp of America Holdings), Indenture (Supervalu Inc)
When Adjustment May Be Deferred. No adjustment in the Conversion Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Conversion Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustmentadjustment and all adjustments that are made and carried forward shall be taken in the aggregate in order to determine if the 1% threshold is met. All calculations under this Article 11 12 shall be made to the nearest cent or to the nearest 1/1,000th of a share, as the case may be.
Appears in 3 contracts
Samples: Indenture (American Financial Group Inc), School Specialty (School Specialty Inc), Cke Restaurants Inc
When Adjustment May Be Deferred. No adjustment in the ---------------------------------------------- Conversion Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Conversion Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 11 shall be made to the nearest cent or to the nearest 1/1,000th of a share, as the case may be.
Appears in 2 contracts
Samples: Danaher Corp /De/, Kohls Corporation
When Adjustment May Be Deferred. No adjustment in the Conversion Rate conversion rate need be made unless the adjustment would require an increase or decrease a change of at least 1% in the Conversion Rateconversion rate. Any adjustments that are not made due to the immediately preceding sentence shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 11 shall be made to the nearest cent or to the nearest 1/1,000th 1/100th of a share, as the case may be.
Appears in 2 contracts
Samples: Indenture (Continental Homes Holding Corp), Indenture (Continental Homes Holding Corp)
When Adjustment May Be Deferred. No adjustment in the Conversion Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Conversion Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 11 Fifteen shall be made to the nearest cent or to the nearest 1/1,000th 1/10,000th of a share, as the case may be.
Appears in 2 contracts
Samples: Indenture (International Paper Co /New/), Indenture (International Paper Co /New/)
When Adjustment May Be Deferred. No adjustment in the ------------------------------- Conversion Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Conversion Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 11 Seven shall be made to the nearest cent or to the nearest 1/1,000th of a share, as the case may be.
Appears in 2 contracts
Samples: Fourth Supplemental Indenture (CSX Corp), Fourth Supplemental Indenture (CSX Corp)
When Adjustment May Be Deferred. No adjustment in the Conversion Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Conversion Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 11 7 shall be made to the nearest cent or to the nearest 1/1,000th of a share, as the case may be.
Appears in 2 contracts
Samples: Aol Time Warner Inc, Aol Time Warner Inc
When Adjustment May Be Deferred. No adjustment in the Conversion Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Conversion Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 11 Fourteen shall be made to the nearest cent or to the nearest 1/1,000th 1/10,000th of a share, as the case may be.
Appears in 2 contracts
Samples: Supplemental Indenture (Cooper Cameron Corp), Supplemental Indenture (Cooper Cameron Corp)
When Adjustment May Be Deferred. No adjustment in the ------------------------------- Conversion Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Conversion Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 11 10 shall be made to the nearest cent or to the nearest 1/1,000th of a share, as the case may be.
Appears in 2 contracts
Samples: Tyco International LTD /Ber/, Tyco International LTD /Ber/
When Adjustment May Be Deferred. No adjustment in the Conversion Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Conversion Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 11 XII shall be made to the nearest cent or to the nearest 1/1,000th of a share, as the case may be.
Appears in 2 contracts
Samples: Indenture (Bunge LTD), Xl Capital LTD
When Adjustment May Be Deferred. No adjustment in the --------------------------------------------- Conversion Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Conversion Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 11 shall be made to the nearest cent or to the nearest 1/1,000th of a share, as the case may be.
Appears in 2 contracts
Samples: Indenture (Lowes Companies Inc), Indenture (Lowes Companies Inc)
When Adjustment May Be Deferred. No adjustment in the -------------------------------- Conversion Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Conversion Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 11 shall be made to the nearest cent or to the nearest 1/1,000th of a share, as the case may be.
Appears in 1 contract
Samples: _______________________ Indenture (Merrill Lynch & Co Inc)
When Adjustment May Be Deferred. No adjustment in the ---------------------------------------------- Conversion Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Conversion Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 11 shall be made to the nearest cent or to the nearest 1/1,000th of a share, as the case may bebe (with one-half of a cent and 5/10,000ths of a share being rounded upwards).
Appears in 1 contract
When Adjustment May Be Deferred. No adjustment in the Conversion Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Conversion Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustmentadjustment and all adjustments that are made and carried forward shall be taken in the aggregate in order to determine if the 1% threshold is met. All calculations under this Article 11 XVI shall be made to the nearest cent or to the nearest 1/1,000th of a share, as the case may be.
Appears in 1 contract
Samples: Roper Industries Inc /De/
When Adjustment May Be Deferred. No adjustment in the Conversion Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Conversion Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 11 shall be made to the nearest cent or to the nearest 1/1,000th 1/l0,000th of a share, as the case may be.
Appears in 1 contract
Samples: Triarc Companies Inc
When Adjustment May Be Deferred. No adjustment in the Conversion Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Conversion Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustmentadjustment and all adjustments that are made and carried forward shall be taken in the aggregate in order to determine if the 1% threshold is met. All calculations under this Article 11 10 shall be made to the nearest cent or to the nearest 1/1,000th of a share, as the case may be.
Appears in 1 contract
Samples: Amr Corp
When Adjustment May Be Deferred. No adjustment in the Conversion Rate under Section 9.06, 9.07, 9.08 or 9.09 need be made unless the adjustment adjustment, as determined by the Company, would require an increase or decrease of at least 1% in the Conversion Rate. Any adjustments that are not made pursuant to this Section 9.10 shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 11 IX shall be made to the nearest cent or to the nearest 1/1,000th of a share, as the case may be.
Appears in 1 contract
Samples: Supplemental Indenture (Mirant Corp)
When Adjustment May Be Deferred. No adjustment in the Conversion Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Conversion RateRate then in effect. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 11 XV shall be made to the nearest cent or to the nearest 1/1,000th 1/10,000th of a share, as the case may be.
Appears in 1 contract
Samples: Whole Foods Market Inc
When Adjustment May Be Deferred. No adjustment in the Conversion Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Conversion Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 11 Thirteen shall be made to the nearest cent or to the nearest 1/1,000th of a share, as the case may be.
Appears in 1 contract
Samples: Polymer Group Inc
When Adjustment May Be Deferred. No adjustment in the Conversion Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Conversion Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 11 10 shall be made to the nearest cent or to the nearest 1/1,000th 1/10,000th of a share, as the case may be.
Appears in 1 contract
Samples: Indenture (Ingram Micro Inc)
When Adjustment May Be Deferred. No adjustment in the Conversion Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Conversion Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 11 shall be made to the nearest cent or to the nearest 1/1,000th of a share, as the case may be, with one-half of a cent and 5/10,000ths of a share being rounded upwards.
Appears in 1 contract
Samples: Indenture (Bergen Brunswig Corp)
When Adjustment May Be Deferred. No adjustment in the Conversion Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Conversion Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustmentadjustment and all adjustments that are made and carried forward shall be taken in the aggregate in order to determine if the 1% threshold is met. All calculations under this Article 11 VIII shall be made to the nearest cent or to the nearest 1/1,000th of a share, as the case may be.
Appears in 1 contract
Samples: American Airlines Inc
When Adjustment May Be Deferred. No adjustment in the Conversion Rate (or Conversion Price) need be made unless the adjustment would require an increase or decrease of at least 1% in the Conversion RateRate (or Conversion Price). Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustmentadjustment and all adjustments that are made and carried forward shall be taken in the aggregate in order to determine if the 1% threshold is met. All calculations under this Article 11 shall be made to the nearest cent or to the nearest 1/1,000th of a share, as the case may be.
Appears in 1 contract
Samples: Western Wireless Corp
When Adjustment May Be Deferred. No adjustment in the Conversion Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Conversion Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 11 XVI shall be made to the nearest cent or to the nearest 1/1,000th of a share, as the case may be.
Appears in 1 contract
Samples: Xerox Corp
When Adjustment May Be Deferred. No adjustment in the Conversion Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Conversion Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 11 Fourteen shall be made to the nearest cent or to the nearest 1/1,000th of a share, as the case may be.
Appears in 1 contract
When Adjustment May Be Deferred. No adjustment in the Conversion Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Conversion Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 11 shall be made to the nearest -- cent or to the nearest 1/1,000th of a share, as the case may be.
Appears in 1 contract
When Adjustment May Be Deferred. No adjustment in the ------------------------------- Conversion Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Conversion Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 11 shall be made to the nearest cent or to the nearest 1/1,000th of a share, as the case may be.
Appears in 1 contract
Samples: Indenture (Merrill Lynch & Co Inc)
