When Adjustment May Be Deferred. In any case in which this Article shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Holder of any Security converted after such record date and before the occurrence of such event the additional shares of Parent Stock issuable upon such conversion by reason of the adjustment required by such event over and above the shares of Parent Stock issuable upon such conversion before giving effect to such adjustment and (ii) paying to such Holder cash or its check in lieu of any fractional interest to which he is entitled pursuant to Section 10.04; provided, however, that the Company shall deliver to such Holder a due xxxx or other appropriate instrument evidencing such Holder's rights to receive such additional shares of Parent Stock, and such cash, upon the occurrence of the event requiring such adjustment. Section 10.13.
Appears in 4 contracts
Samples: Tele Communications Inc /Co/, Tci Communications Inc, Tci Communications Inc
When Adjustment May Be Deferred. In any case in which this Article shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Holder of any Security converted after such record date and before the occurrence of such event the additional shares of Parent Company Stock issuable upon such conversion by reason of the adjustment required by such event over and above the shares of Parent Company Stock issuable upon such conversion before giving effect to such adjustment and (ii) paying to such Holder cash or its check in lieu of any fractional interest to which he is entitled pursuant to Section 10.04; provided, however, that the Company shall deliver to such Holder a due xxxx or other appropriate instrument evidencing such Holder's rights to receive such additional shares of Parent Company Stock, and such cash, upon the occurrence of the event requiring such adjustment. Section 10.13.
Appears in 2 contracts
Samples: Tele Communications Inc /Co/, Tele Communications Inc /Co/
When Adjustment May Be Deferred. In any case in which this Article shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Holder of any Security converted after such record date and before the occurrence of such event the additional shares of Parent Stock issuable upon such conversion by reason of the adjustment required by such event over and above the shares of Parent Stock issuable upon such conversion before giving effect to such adjustment and (ii) paying to such Holder cash or its check in lieu of any fractional interest to which he is entitled pursuant to Section 10.0411.04; provided, however, that the Company shall deliver to such Holder a due xxxx or other appropriate instrument evidencing such Holder's rights to receive such additional shares of Parent Stock, and such cash, upon the occurrence of the event requiring such adjustment. Section 10.13.11.13
Appears in 2 contracts
Samples: Indenture (Tele Communications Inc /Co/), Indenture (Tele Communications Inc /Co/)
When Adjustment May Be Deferred. In any case in which this Article shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Holder of any Security converted after such record date and before the occurrence of such event the additional shares of Parent Stock issuable upon such conversion by reason of the adjustment required by such event over and above the shares of Parent Stock issuable upon such conversion before giving effect to such adjustment and (ii) paying to such Holder cash or its check in lieu of any fractional interest to which he is entitled pursuant to Section 10.0411.04; provided, however, that the Company shall deliver to such Holder a due xxxx or other appropriate instrument evidencing such Holder's rights to receive such additional shares of Parent Stock, and such cash, upon the occurrence of the event requiring such adjustment. Section 10.1311.13.
Appears in 2 contracts
Samples: Tele Communications Inc /Co/, Tele Communications Inc /Co/
When Adjustment May Be Deferred. In any case in which this Article shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Holder of any Security converted after such record date and before the occurrence of such event the additional shares of Parent Company Stock issuable upon such conversion by reason of the adjustment required by such event over and above the shares of Parent Company Stock issuable upon such conversion before giving effect to such adjustment and (ii) paying to such Holder cash or its check in lieu of any fractional interest to which he is entitled pursuant to Section 10.0411.04; provided, however, that the Company shall deliver to such Holder a due xxxx or other appropriate instrument evidencing such Holder's rights to receive such additional shares of Parent Company Stock, and such cash, upon the occurrence of the event requiring such adjustment. Section 10.13.11.13
Appears in 1 contract
When Adjustment May Be Deferred. In any case in which this Article shall require that an adjustment shall become effective immediately after a record date for an event, the Company Issuer may defer until the occurrence of such event (i) issuing to the Holder of any Security converted after such record date and before the occurrence of such event the additional shares of Parent Common Stock issuable upon such conversion by reason of the adjustment required by such event over and above the shares of Parent Common Stock issuable upon such conversion before giving effect to such adjustment and (ii) paying to such Holder cash or its check in lieu of any fractional interest to which he is entitled pursuant to Section 10.0413.4; provided, however, that the Company Issuer shall deliver to such Holder a due xxxx or bill xx other appropriate instrument evidencing such Holder's rights to receive such additional shares of Parent Stock, and such cash, upon the occurrence of the event requiring such adjustment. Section 10.13.Common
Appears in 1 contract
Samples: Indenture (CMS Energy Trust Ii)
When Adjustment May Be Deferred. In any case in which this Article shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Holder of any Security converted after such record date and before the occurrence of such event the additional shares of Parent Company Stock issuable upon such conversion by reason of the adjustment required by such event over and above the shares of Parent Company Stock issuable upon such conversion before giving effect to such adjustment and (ii) paying to such Holder cash or its check in lieu of any fractional interest to which he is entitled pursuant to Section 10.0411.04; provided, however, that the Company shall deliver to such Holder a due xxxx or other appropriate instrument evidencing such Holder's rights to receive such additional shares of Parent Company Stock, and such cash, upon the occurrence of the event requiring such adjustment. Section 10.1311.13.
Appears in 1 contract
Samples: Tele Communications Inc /Co/
When Adjustment May Be Deferred. In any case in which this Article shall require that an adjustment shall become effective immediately after a record date for an event, the Company Issuer may defer until the occurrence of such event (i) issuing to the Holder of any Security converted after such record date and before the occurrence of such event the additional shares of Parent Common Stock issuable upon such conversion by reason of the adjustment required by such event over and above the shares of Parent Common Stock issuable upon such conversion before giving effect to such adjustment and (ii) paying to such Holder cash or its check in lieu of any fractional interest to which he is entitled pursuant to Section 10.0413.4; provided, however, that the Company Issuer shall deliver to such Holder a due xxxx bill or other appropriate instrument evidencing such Holder's rights to receive such additional shares of Parent Common Stock, and such cash, upon the occurrence of the event requiring such adjustment. Section 10.13.
Appears in 1 contract
Samples: CMS Energy Corp
When Adjustment May Be Deferred. In any case in which this Article shall require that an adjustment shall become effective immediately after a record date for an event, the Company Issuer may defer until the occurrence of such event (i) issuing to the Holder of any Security converted after such record date and before the occurrence of such event the additional shares of Parent Common Stock issuable upon such conversion by reason of the adjustment required by such event over and above the shares of Parent Common Stock issuable upon such conversion before giving effect to such adjustment and (ii) paying to such Holder cash or its check in lieu of any fractional interest to which he is entitled pursuant to Section 10.0413.4; provided, however, that the Company Issuer shall deliver to such Holder a due xxxx or bilx xx other appropriate instrument evidencing such Holder's rights to receive such additional shares of Parent Common Stock, and such cash, upon the occurrence of the event requiring such adjustment. Section 10.13.
Appears in 1 contract
Samples: Indenture (CMS Energy Corp)