Certain Conversions Deemed Payment. For the purposes of this Article only, (1) the issuance and delivery of junior securities upon conversion of Securities in accordance with Article Thirteen shall not be deemed to constitute a payment or distribution on account of the principal of or premium or interest on Securities or on account of the purchase or other acquisition of Securities, and (2) 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, the term "
Appears in 11 contracts
Sources: Indenture (Fpa Medical Management Inc), Indenture (Personnel Group of America Inc), Indenture (Res Care Inc /Ky/)
Certain Conversions Deemed Payment. For the purposes of this Article only, (1) the issuance and delivery of junior securities upon conversion of Securities in accordance with Article Thirteen Fourteen shall not be deemed to constitute a payment or distribution on account of the principal of or any premium or interest on Securities or on account of the purchase purchase, redemption or other acquisition of Securities, and (2) the payment, issuance or delivery of cash, property or securities (other than junior securitiessecurities and cash paid for fractional shares) 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, the term "
Appears in 9 contracts
Sources: Indenture (Sun Microsystems Inc), Indenture (Sun Microsystems Inc), Indenture (Read Rite Corp /De/)
Certain Conversions Deemed Payment. For the purposes of this Article XII only, (1a) the issuance and delivery of junior securities upon on conversion of Securities in accordance with Article Thirteen XIII shall not be deemed to constitute a payment or distribution on account of the principal of or premium of, premium, if any, or interest on or any Additional Amounts with respect to Securities or on account of the purchase or other acquisition of Securities, and (2b) the payment, issuance or delivery of cash, property or securities (other than junior securities) upon on conversion of a Security shall be deemed to constitute payment on account of the principal of such Security. For the purposes of this SectionSection 12.15, the term "
Appears in 3 contracts
Sources: Indenture (American Residential Services Inc), Indenture (Innovative Valve Technologies Inc), Indenture (American Residential Services Inc)
Certain Conversions Deemed Payment. For the purposes of this Article V only, (1) the issuance and delivery of junior securities upon conversion of Securities in accordance with Article Thirteen IV shall not be deemed to constitute a payment or distribution on account of the principal of (or premium premium, if any) or interest on Securities or on account of the purchase or other acquisition of Securities, and (2) 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 SectionSection 5.08, the term "
Appears in 2 contracts
Sources: Indenture (Iac/Interactivecorp), Indenture (Ask Jeeves Inc)
Certain Conversions Deemed Payment. For the purposes of this Article XII only, (1) the issuance and delivery of junior securities upon conversion of Securities in accordance with Article Thirteen XIII shall not be deemed to constitute a payment or distribution on account of the principal of or premium or interest on Securities or on account of the purchase or other acquisition of Securities, and (2) 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 SectionSection 12.14, the term "term
Appears in 1 contract
Sources: Indenture (Activision Inc /Ny)
Certain Conversions Deemed Payment. For the purposes of this Article XII only, (1a) the issuance and delivery of junior securities upon on conversion of Securities in accordance with Article Thirteen XIII shall not be deemed to constitute a payment or distribution on account of the principal of or premium of, premium, if any, or interest on or any Additional Amounts with respect to Securities or on account of the purchase or other acquisition of Securities, and (2b) the payment, issuance or delivery of cash, property or securities (other than junior securities) upon on conversion of a Security shall be deemed to constitute payment on account of the principal of such Security. For the purposes of this SectionSection 12.14, the term "
Appears in 1 contract
Certain Conversions Deemed Payment. For the purposes of this Article only, (1) the issuance and delivery of junior securities upon conversion of Securities in accordance with Article Thirteen Fourteen hereof shall not be deemed to constitute a payment or distribution on account of the principal of or premium premium, if any, or interest on Securities or on account of the purchase or other acquisition of Securities, and (2) 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, the term "
Appears in 1 contract
Sources: Indenture (Capstone Capital Corp)
Certain Conversions Deemed Payment. For the purposes of this Article only, (1) the issuance and delivery of junior securities upon conversion of Securities Notes in accordance with Article Thirteen 13 shall not be deemed to constitute a payment or distribution on account of the principal of (or premium premium, if any) or interest on Securities Notes or on account of the purchase or other acquisition of SecuritiesNotes, and (2) the payment, issuance or delivery of cash, property or securities (other than junior securities) upon conversion of a Security Note shall be deemed to constitute payment on account of the principal of such SecurityNote. For the purposes of this Section, the term "
Appears in 1 contract
Sources: Indenture (Buffets Inc)
Certain Conversions Deemed Payment. For the purposes of this Article only, (1) the issuance and delivery of junior securities upon conversion of Securities in accordance with Article Thirteen XIII shall not be deemed to constitute a payment or distribution on account of the principal of or premium or interest on Securities or on account of the purchase or other acquisition of Securities, and (2) 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, the term "
Appears in 1 contract