Common use of Certain Conversions and Repurchases Deemed Payment Clause in Contracts

Certain Conversions and Repurchases Deemed Payment. For the purposes of this Article Eleven only, (a) the issuance and -------------- delivery of junior securities upon conversion of Securities in accordance with Article Ten or upon the repurchase of Securities in accordance with Article ----------- ------- Twelve shall not be deemed to constitute a payment or distribution on account of ------ the principal of or premium or interest or Liquidated Damages on Securities or on account of the purchase or other acquisition of Securities, and (b) the payment, issuance or delivery of cash, property or securities (other than junior securities) upon conversion of a Security shall be deemed to constitute payment on account of the principal of such Security. For the purposes of this Section ------- 11.11, the term "

Certain Conversions and Repurchases Deemed Payment. For the purposes of this Article Eleven only, (a1) the issuance and -------------- delivery of junior securities upon conversion of Securities in accordance with Article Ten ------- Eleven or upon the repurchase of Securities in accordance with Article ----------- ------- Twelve Thirteen ------ ---------------- shall not be deemed to constitute a payment or distribution on account of ------ the principal of or premium premium, if any (including the Make-Whole Payment, if any) or interest or Liquidated Damages on Securities or on account of the purchase or other acquisition of Securities, and (b2) the payment, issuance or delivery of cash, property or securities (other than junior securities) upon conversion of a Security shall be deemed to constitute payment on account of the principal of such Security. For the purposes of this Section ------- 11.11Section, the term "