Common use of Certain Conversions Deemed Payment Clause in Contracts

Certain Conversions Deemed Payment. For the purposes of this Section 5 only, (1) the issuance and delivery of junior securities in accordance with Section 1 or upon conversion of this Instrument in accordance with Section 2 shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest on this Instrument or on account of the purchase or other acquisition of this Instrument, and (2) the payment, issuance or delivery of cash (including cash paid for fractional shares upon conversion of this Instrument in accordance with Section 2), property or securities (other than junior securities) upon conversion of this Instrument in accordance with Section 2 shall be deemed to constitute payment on account of the principal of this Instrument. For the purposes of this section, the term "junior securities" means (a) shares of any stock of any class of the Company and (b) securities of the Company which are subordinated in right of payment to all Senior Indebtedness which may be outstanding at the time of issuance or delivery of such securities to substantially the same extent as, or to a greater extent than, this Instrument is so subordinated as provided in this Section 5. Nothing contained in this Section 5 or elsewhere in this Instrument is intended to or shall impair, as among the Company, its creditors other than holders of Senior Indebtedness and the holder of this Instrument, the right, which is absolute and unconditional, of the holder of this Instrument to convert this Instrument in accordance with Section 2.

Certain Conversions Deemed Payment. For the purposes of this Section 5 only, (1) the issuance and delivery of junior securities in accordance with Section 1 or upon conversion of this Instrument in accordance with Section 2 shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest on this Instrument or on account of the purchase or other acquisition of this Instrument, and (2) the payment, issuance or delivery of cash (including cash paid for fractional shares upon conversion of this Instrument in accordance with Section 2), property or securities (other than junior securities) upon conversion of this Instrument in accordance with Section 2 shall be deemed to constitute payment on account of the principal of this Instrument. For the purposes of this sectionSection 5, the term "junior securities" means (a) shares of any stock of any class of the Company and (b) securities of the Company which are subordinated in right of payment to all Senior Indebtedness which may be outstanding at the time of issuance or delivery of such securities to substantially the same extent as, or to a greater extent than, this Instrument is so subordinated as provided in this Section 5. Nothing contained in this Section 5 or elsewhere in this Instrument is intended to or shall impair, as among the Company, its creditors other than holders of Senior Indebtedness and the holder of this Instrument, the right, which is absolute and unconditional, of the holder of this Instrument to convert this Instrument in accordance with Section 2.

Certain Conversions Deemed Payment. For the purposes of this Section 5 Article IV only, (1) the issuance and delivery of junior securities upon conversion of Securities in accordance with Section 1 or upon conversion of this Instrument in accordance with Section 2 Article XV shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest on this Instrument Securities or on account of the purchase or other acquisition of this InstrumentSecurities, and (2) the payment, issuance or delivery of cash (including cash paid for except in satisfaction of fractional shares upon conversion of this Instrument in accordance with pursuant to Section 215.2), property or securities (other than junior securities) upon conversion of this Instrument in accordance with Section 2 a Security shall be deemed to constitute payment on account of the principal of this Instrumentsuch Security. For the purposes of this sectionSection 4.8, the term "junior securities" means (a) shares of any stock of any class of the Company and Company, or (b) securities of the Company which are subordinated in right of payment to all Senior Indebtedness which may be outstanding at the time of issuance or delivery of such securities to substantially the same extent as, or to a greater extent than, this Instrument is the Securities are so subordinated as provided in this Section 5Article. Nothing contained in this Section 5 Article IV or elsewhere in this Instrument Indenture or in the Securities is intended to or shall impair, as among the Company, its creditors other than holders of Senior Indebtedness and the holder of this InstrumentSecurityholders, the right, which is absolute and unconditional, of the holder Holder of this Instrument any Security to convert this Instrument such Security in accordance with Section 2Article XV.

Certain Conversions Deemed Payment. For the purposes of this ---------------------------------- Section 5 7 only, (1) the issuance and delivery of junior securities in accordance with Section 1 or Junior Securities upon conversion of this Instrument Security in accordance with Section 2 shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest on this Instrument Security or on account of the purchase or other acquisition of this InstrumentSecurity, and (2) the payment, issuance or delivery of cash (including cash paid for fractional shares upon conversion of this Instrument Security in accordance with Section 2), property or securities (other than junior securitiesJunior Securities) upon conversion of this Instrument Security in accordance with Section 2 shall be deemed to constitute payment on account of the principal of this InstrumentSecurity. For the purposes of this sectionSection, the term "junior securitiesJunior Securities" means (a) shares ----------------- of any stock of any class of the Company and (b) securities of the Company which are subordinated in right of payment to all Senior Indebtedness which may be outstanding at the time of issuance or delivery of such securities to substantially the same extent as, or to a greater extent than, this Instrument Security is so subordinated as provided in this Section 57. Nothing contained in this Section 5 7 or elsewhere in this Instrument Security is intended to or shall impair, as among the Company, its creditors other than holders of Senior Indebtedness and the holder of this InstrumentSecurity, the right, which is absolute and unconditional, of the holder of this Instrument Security to convert this Instrument Security in accordance with Section 2.

Certain Conversions Deemed Payment. For the purposes of this Section 5 Article IV only, (1) the issuance and delivery of junior securities upon conversion of Notes in accordance with Section 1 or upon conversion of this Instrument in accordance with Section 2 Article XV shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest on this Instrument Notes or on account of the purchase or other acquisition of this InstrumentNotes, and (2) the payment, issuance or delivery of cash (including cash paid for except in satisfaction of fractional shares upon conversion of this Instrument in accordance with pursuant to Section 215.2), property or securities (other than junior securities) upon conversion of this Instrument in accordance with Section 2 a Note shall be deemed to constitute payment on account of the principal of this Instrumentsuch Note. For the purposes of this sectionSection 4.8, the term "junior securities" means (a) shares of any stock of any class of the Company and Company, or (b) securities of the Company which are subordinated in right of payment to all Senior Indebtedness which may be outstanding at the time of issuance or delivery of such securities to substantially the same extent as, or to a greater extent than, this Instrument is the Notes are so subordinated as provided in this Section 5Article. Nothing contained in this Section 5 Article IV or elsewhere in this Instrument Indenture or in the Notes is intended to or shall impair, as among the Company, its creditors (other than holders of Senior Indebtedness Indebtedness) and the holder of this InstrumentNoteholders, the right, which is absolute and unconditional, of the holder Holder of this Instrument any Note to convert this Instrument such Note in accordance with Section 2Article XV.

Certain Conversions Deemed Payment. For the purposes of this Section SECTION 5 only, (1) the issuance and delivery of junior securities in accordance with Section SECTION 1 or upon conversion of this Instrument in accordance with Section SECTION 2 shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest on this Instrument or on account of the purchase or other acquisition of this Instrument, and (2) the payment, issuance or delivery of cash (including cash paid for fractional shares upon conversion of this Instrument in accordance with Section SECTION 2), property or securities (other than junior securities) upon conversion of this Instrument in accordance with Section SECTION 2 shall be deemed to constitute payment on account of the principal of this Instrument. For the purposes of this sectionSECTION 5, the term "junior securities" means (a) shares of any stock of any class of the Company and (b) securities of the Company which are subordinated in right of payment to all Senior Indebtedness which may be outstanding at the time of issuance or delivery of such securities to substantially the same extent as, or to a greater extent than, this Instrument is so subordinated as provided in this Section SECTION 5. Nothing contained in this Section SECTION 5 or elsewhere in this Instrument is intended to or shall impair, as among the Company, its creditors other than holders of Senior Indebtedness and the holder of this Instrument, the right, which is absolute and unconditional, of the holder of this Instrument to convert this Instrument in accordance with Section SECTION 2.

Certain Conversions Deemed Payment. For the purposes of this Section SECTION 5 only, (1) the issuance and delivery of junior securities in accordance with Section SECTION 1 or upon conversion of this Instrument in accordance with Section SECTION 2 shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest on this Instrument or on account of the purchase or other acquisition of this Instrument, and (2) the payment, issuance or delivery of cash (including cash paid for fractional shares upon conversion of this Instrument in accordance with Section SECTION 2), property or securities (other than junior securities) upon conversion of this Instrument in accordance with Section SECTION 2 shall be deemed to constitute payment on account of the principal of this Instrument. For the purposes of this section, the term "junior securities" means (a) shares of any stock of any class of the Company and (b) securities of the Company which are subordinated in right of payment to all Senior Indebtedness which may be outstanding at the time of issuance or delivery of such securities to substantially the same extent as, or to a greater extent than, this Instrument is so subordinated as provided in this Section SECTION 5. Nothing contained in this Section SECTION 5 or elsewhere in this Instrument is intended to or shall impair, as among the Company, its creditors other than holders of Senior Indebtedness and the holder of this Instrument, the right, which is absolute and unconditional, of the holder of this Instrument to convert this Instrument in accordance with Section SECTION 2.

Certain Conversions Deemed Payment. For the purposes of this Section 5 Article 16 only, (1) the issuance and delivery of junior securities upon conversion of Notes in accordance with Section 1 or upon conversion of this Instrument in accordance with Section 2 Article 15 shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest on this Instrument Notes or on account of the purchase or other acquisition of this InstrumentNotes, and (2) the payment, issuance or delivery of cash (including cash paid for except in satisfaction of fractional shares upon conversion of this Instrument in accordance with pursuant to Section 215.03), property or securities (other than junior securities) upon conversion of this Instrument in accordance with Section 2 a Note shall be deemed to constitute payment on account of the principal of this Instrumentsuch Note. For the purposes of this sectionSection 16.08, the term "junior securities" means (a) shares of any stock of any class of the Company and Company, or (b) securities of the Company which are subordinated in right of payment to all Senior Indebtedness which may be outstanding at the time of issuance or delivery of such securities to substantially the same extent as, or to a greater extent than, this Instrument is the Securities are so subordinated as provided in this Section 5Article. Nothing contained in this Section 5 Article 16 or elsewhere in this Instrument Indenture or in the Notes is intended to or shall impair, as among the Company, its creditors other than holders of Senior Indebtedness and the holder of this InstrumentHolders, the right, which is absolute and unconditional, of the holder Holder of this Instrument any Note to convert this Instrument such Note in accordance with Section 2Article 15.