Common use of Fractions of Shares Clause in Contracts

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at the close of business on the day of conversion.

Appears in 27 contracts

Sources: Indenture (Bea Systems Inc), Indenture (Medarex Inc), Supplemental Subordinated Indenture (Exodus Communications Inc)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share daily closing price per share of Common Stock (consistent with Section 14.04(6) below) at the close of business on the day of conversion.

Appears in 21 contracts

Sources: Indenture (Church & Dwight Co Inc /De/), Indenture (Church & Dwight Co Inc /De/), Indenture (FMC Corp)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share daily closing price per share of Common Stock (consistent with Section 15.04(6) below) at the close of business on the day of conversion.

Appears in 20 contracts

Sources: Indenture (Progress Software Corp /Ma), Indenture (Aqua America Inc), Subordinated Securities Agreement (Aqua America Inc)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share market price per share of Common Stock (as determined by the Board of Directors or in any manner prescribed by the Board of Directors) at the close of business on the day of conversion.

Appears in 14 contracts

Sources: Indenture (Monsanto Co), Indenture (At&t Wireless Services Inc), Indenture (Esterline Technologies Corp)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at the close of business on the day of conversion.

Appears in 14 contracts

Sources: Indenture (Chiron Corp), Indenture (Teradyne Inc), Indenture (Connetics Corp)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable issued upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable issued upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one-100th of a share) in an amount equal to the same fraction of the Closing Quoted Price Per Share at of the close Common Stock as of business on the day Trading Day preceding the date of conversion.

Appears in 12 contracts

Sources: Indenture (Cv Therapeutics Inc), Indenture (Nektar Therapeutics), Indenture (Nektar Therapeutics)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security Note or SecuritiesNotes. If more than one Security Note shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable issued upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities Notes (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable issued upon conversion of any Security Note or Securities Notes (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one-100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at quoted price of the close Common Stock as of business on the day Trading Day preceding the date of conversion.

Appears in 9 contracts

Sources: Indenture (Freeport McMoran Copper & Gold Inc), Indenture (McMoran Exploration Co /De/), Indenture (McMoran Exploration Co /De/)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which that shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share per share of the Common Stock at the close of business on the day of conversionTrading Day immediately preceding such day.

Appears in 8 contracts

Sources: Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De), Indenture (Interliant Inc)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares of Common Stock which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment (rounded to the nearest cent) in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at per share of the close of business Common Stock on the day of conversionconversion (or, if such day is not a Trading Day, on the Trading Day immediately preceding such day).

Appears in 8 contracts

Sources: Indenture (Western Investment Real Estate Trust), Indenture (Bay Apartment Communities Inc), Indenture (Bay Apartment Communities Inc)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Sale Price Per Share at the close of business on the day of conversion.

Appears in 7 contracts

Sources: Indenture (Solectron Corp), Indenture (Mercury Computer Systems Inc), Indenture (Hewitt Associates Inc)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which that shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Average Sales Price Per Share at the close of business on the day of conversion.

Appears in 4 contracts

Sources: Indenture (Cell Therapeutics Inc), Indenture (Asm International N V), Indenture (Cell Therapeutics Inc)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or SecuritiesNotes. If more than one Security Note shall be surrendered for conversion at one time by the same Holder, the number of full shares which that shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities Notes (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security or Securities Note (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share per share of the Common Stock at the close of business on the day of conversionTrading Day immediately preceding such day.

Appears in 4 contracts

Sources: Securities Purchase Agreement (Wilson Holdings, Inc.), Securities Purchase Agreement (Forster Drilling Corp), Securities Purchase Agreement (Wilson Holdings, Inc.)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security Note or SecuritiesNotes. If more than one Security Note shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities Notes (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security Note or Securities Notes (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at the close of business on the day of conversionconversion (or round up the number of shares of Common Stock issuable upon conversion of any Note or Notes to the nearest whole share).

Appears in 4 contracts

Sources: Indenture (Community Health Systems Inc/), Indenture (Orion Power Holdings Inc), Indenture (Charter Communications Inc /Mo/)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security of a series shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities of such series (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions portion thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal (computed to the nearest cent) to the same fraction of the Closing Price Per Share market price per share of Common Stock (as determined by the Board of Directors or in any manner prescribed by the Board of Directors) at the close of business on the day of conversion.

Appears in 3 contracts

Sources: Indenture (Associated Banc-Corp), Indenture (Associated Banc-Corp), Indenture (First Tennessee National Corp)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which that shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at the close of business on the day of conversion.

Appears in 3 contracts

Sources: Indenture (Epicept Corp), Indenture (Epicept Corp), Indenture (Epicept Corp)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share daily closing price per share of Common Stock (consistent with Section 13.04(6) below) at the close of business on the day of conversion.

Appears in 3 contracts

Sources: Indenture (Payton Shipping Corp.), Indenture (Jefferies Group Inc /De/), Indenture (Jefferies Group Inc /De/)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security Debenture or SecuritiesDebentures. If more than one Security (1) Debenture shall be surrendered for conversion at one time (or substantially at the same time) by the same Holderholder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) Debentures so surrendered. Instead In place of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security Debenture or Securities (or specified portions thereof)Debentures, the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one one-hundredth (1/100th) of a share) in an amount equal to the same fraction of the Closing Price Per Share current market price per share of Common Stock (calculated in accordance with Section 15.4(8) below) at the close of business on the day of conversion.

Appears in 3 contracts

Sources: Debenture Purchase Agreement (Orion Newco Services Inc), Debenture Purchase Agreement (British Aerospace Holdings Inc), Debenture Purchase Agreement (Orion Newco Services Inc)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable issued upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable issued upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one-100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at of the close Common Stock as of business on the day Trading Day preceding the date of conversion.

Appears in 3 contracts

Sources: Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Nektar Therapeutics)

Fractions of Shares. No fractional shares share of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount Total Conversion Amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) fractional share in an amount equal to the same product of such fraction multiplied by the Fair Market Value of the Closing Price Per Share at the close one share of business Common Stock on the day of conversionConversion Date.

Appears in 3 contracts

Sources: Indenture (Boss Investment LLC), Indenture (Building One Services Corp), Indenture (Building One Services Corp)

Fractions of Shares. No fractional shares of Common Stock Shares shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock Share which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per daily closing price per Common Share (consistent with Section 14.04(6) below) at the close of business on the day of conversion.

Appears in 3 contracts

Sources: Indenture (Primus Guaranty LTD), Indenture (Primus Guaranty LTD), Indenture (Primus Guaranty LTD)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to based on the same fraction Last Reported Sale Price of the Closing Price Per Share at the close of business Common Stock on the day of conversionConversion Date or if the Conversion Date is not on a Trading Day, the next following Trading Day.

Appears in 3 contracts

Sources: Indenture (E Trade Financial Corp), Indenture (E Trade Financial Corp), Indenture (Usec Inc)

Fractions of Shares. No fractional shares of Common Stock Trust Shares or Corporation Shares shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock Trust Share or Corporation Share which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company Companies shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an aggregate amount equal to the same fraction of the Closing Price Per market price per Paired Share (as determined by the Board of Directors or in any manner prescribed by the Board of Directors) at the close of business on the day Date of conversionConversion.

Appears in 2 contracts

Sources: Indenture (Starwood Lodging Trust), Indenture (Starwood Lodging Corp)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company Issuer shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Current Market Price Per Share per share of Common Stock (calculated in accordance with Section 12.4(8) below) at the close of business on the day of conversion.

Appears in 2 contracts

Sources: Indenture (Atmel Corp), Indenture (Wind River Systems Inc)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount 83 of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share market price per share of Common Stock (as determined by the Board of Directors or in any manner prescribed by the Board of Directors) at the close of business on the day of conversion.

Appears in 2 contracts

Sources: Indenture (Eg&g Inc), Indenture (Eg&g Inc)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company Issuer shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share market price (determined as provided in the last sentence of paragraph (f) of Section 13.04) at the close of business on the day of conversion.

Appears in 2 contracts

Sources: Indenture (Murphy Oil Corp /De), Indenture (Murphy Oil Corp /De)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon any conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one-100th of a share) in an amount equal to the same fraction of the Closing Quoted Price Per Share at of the close Common Stock as of business on the trading day before the date of conversion.

Appears in 2 contracts

Sources: Indenture (Comverse Technology Inc/Ny/), Indenture (Comverse Technology Inc/Ny/)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Average Sales Price Per Share at the close of business on the day of conversion.

Appears in 2 contracts

Sources: Indenture (Etoys Inc), Indenture (Etoys Inc)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate make an adjustment and pay a cash adjustment payment in respect of such fraction (calculated in cash at the current market value thereof, to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share be completed at the close of business on the day of conversion.

Appears in 2 contracts

Sources: Indenture (Ventro Corp), Indenture (Veritas Software Corp)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which that shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at the close of business on the day of conversion.

Appears in 2 contracts

Sources: Indenture (National Data Corp), Indenture (Reptron Electronics Inc)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares of Common Stock which shall be issuable issued upon conversion thereof shall be computed on the basis of the aggregate principal Principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share shares of Common Stock which would otherwise be issuable issued upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one-100th of a share) in an amount equal to the same fraction of the Closing Trading Price Per Share at of the close shares of business on Common Stock as of the day of conversionTrading Day preceding the Conversion Date.

Appears in 2 contracts

Sources: Supplemental Indenture (Us Airways Group Inc), Indenture (America West Holdings Corp)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security Note or SecuritiesNotes. If more than one Security Note shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities Notes (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security Note or Securities Notes (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at Daily VWAP of the close of business Common Stock on the day last VWAP Trading Day of conversionthe relevant Observation Period.

Appears in 2 contracts

Sources: First Supplemental Indenture (PHH Corp), Indenture (Asbury Automotive Group Inc)

Fractions of Shares. No fractional shares of Common Stock Shares shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock Share which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per market price per Common Share (as determined by the Board of Directors or in any manner prescribed by the Board of Directors) at the close of business on the day prior to the day of conversion.

Appears in 2 contracts

Sources: Indenture (Alexanders Inc), Indenture (Alexanders Inc)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Current Market Price Per Share per share of Common Stock (calculated in accordance with Section 12.4(8) below) at the close of business on the day of conversion.

Appears in 2 contracts

Sources: Indenture (Cypress Semiconductor Corp /De/), Indenture (Veritas Software Corp)

Fractions of Shares. No fractional shares of Common ------------------- Stock shall be issued upon conversion of any Security Note or SecuritiesNotes. If more than one Security Note shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable issued upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities Notes (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable issued upon conversion of any Security Note or Securities Notes (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one-100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at quoted price of the close Common Stock as of business on the day Trading Day preceding the date of conversion.

Appears in 2 contracts

Sources: Indenture (Resmed Inc), Indenture (Asyst Technologies Inc /Ca/)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share daily closing price per share of Common Stock (consistent with Section 14.4(f) below) at the close of business on the day of conversion.

Appears in 2 contracts

Sources: Indenture (Royal Gold Inc /De/), Indenture (Royal Gold Inc /De/)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share per share of the Common Stock at the close of business on the Trading Day immediately preceding such day of conversionor, alternatively, the Company shall round up to the next higher whole share.

Appears in 2 contracts

Sources: Indenture (Internet Capital Group Inc), Indenture (Internet Capital Group Inc)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at on the close of business on last Trading Day prior to the day of conversion.

Appears in 2 contracts

Sources: Indenture (Corixa Corp), Indenture (Collegiate Pacific Inc)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable issued upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable issued upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one-100th of a share) in an amount equal to the same fraction of the Closing Trading Price Per Share at of the close Common Stock as of business on the day Trading Day preceding the date of conversion.

Appears in 2 contracts

Sources: Indenture (Curagen Corp), Indenture (Vitesse Semiconductor Corp)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or SecuritiesDebentures. If more than one Security Debenture shall be surrendered for conversion at one time by the same Holderholder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities Debentures (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security Debenture or Securities Debentures (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share market price per share of Common Stock (as deemed by the Board of Directors or in any manner prescribed by the Board of Directors) at the close of business on the day of conversion.

Appears in 1 contract

Sources: Debenture Agreement (Earthcare Co)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share daily closing price per share of Common Stock (consistent with Section 1304(f) below) at the close of business on the day of conversion.

Appears in 1 contract

Sources: Subordinated Debt Securities Indenture (Noble Affiliates Inc)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share market price (determined as provided in the last sentence of paragraph 6 of Section 1504) at the close of business on the day of conversion. SECTION 1504.

Appears in 1 contract

Sources: Indenture (Anadarko Petroleum Corp)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at the close of business on the day of conversion.

Appears in 1 contract

Sources: Indenture (United Rentals Inc /De)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable issued upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities Notes or on the basis of the aggregate number of Warrants (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable issued upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one-100th of a share) in an amount equal to the same fraction of the Closing Trading Price Per Share at of the close Common Stock as of business on the day Trading Day preceding the date of conversion.

Appears in 1 contract

Sources: Note and Warrant Purchase Agreement (Electro Energy Inc)

Fractions of Shares. No fractional shares of Common Stock Ordinary Shares shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock Ordinary Shares which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th l/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at the close of business on the day of conversion.

Appears in 1 contract

Sources: Indenture (Amdocs LTD)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full whole shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share 1502,1503 103 95 market price (determined as provided in the last sentence of paragraph 6 of Section 1504) at the close of business on the day of conversion.

Appears in 1 contract

Sources: Indenture (Anadarko Petroleum Capital Trust Iii)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security Note or SecuritiesNotes. If more than one Security Note shall be surrendered for conversion at one time by the same Holder, the number of full shares of Common Stock which shall be issuable issued upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities Notes (or specified portions thereof) so surrendered. Instead of any fractional share shares of Common Stock which would otherwise be issuable issued upon conversion of any Security Note or Securities Notes (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Market Price Per Share at of the close shares of business on Common Stock as of the day of conversionTrading Day preceding the Conversion Date.

Appears in 1 contract

Sources: Indenture (Mindspeed Technologies, Inc)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at the close of business on the day of conversion. SECTION 1304.

Appears in 1 contract

Sources: Supplemental Indenture (Proffitts Inc)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon the conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share closing price (as defined in Section 12.04(g)(i)) per share of Common Stock at the close of business on the Business Day prior to the day of conversion.

Appears in 1 contract

Sources: Indenture (Loral Space & Communications LTD)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares of Common Stock which shall be issuable issued upon conversion thereof shall be computed on the basis of the aggregate principal amount Principal of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share shares of Common Stock which would otherwise be issuable issued upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one-100th of a share) in an amount equal to the same fraction of the Closing Trading Price Per Share at of the close shares of business on Common Stock as of the day of conversionTrading Day preceding the Conversion Date.

Appears in 1 contract

Sources: Indenture (Networks Associates Inc/)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at the close of business on the day of conversion.. 85

Appears in 1 contract

Sources: Indenture (Reliant Resources Inc)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at the close of business on the day of conversion.

Appears in 1 contract

Sources: Indenture (Sierra Health Services Inc)

Fractions of Shares. No fractional shares of Common Stock Shares shall be issued upon conversion of any Security or Securities. If more than one Security of a series shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities of such series (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock Share which would otherwise be issuable upon conversion of any Security or Securities (or specified portions portion thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal (computed to the nearest cent) to the same fraction of the Closing Price Per market price per Common Share (as determined by the Board of Directors or in any manner prescribed by the Board of Directors) at the close of business on the day of conversion.

Appears in 1 contract

Sources: Indenture (Liquid Media Group Ltd.)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at the close of business on the day of conversionconversion (or round up the number of shares of Common Stock issuable upon conversion of any Security or Securities to the nearest whole share).

Appears in 1 contract

Sources: Indenture (Monmouth Real Estate Investment Corp)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares of Common Stock which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company Partnership shall calculate and pay a cash adjustment (rounded to the nearest cent) in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at per share of the close of business Common Stock on the day of conversionconversion (or, if such day is not a Trading Day, on the Trading Day immediately preceding such day).

Appears in 1 contract

Sources: Indenture (Beacon Properties L P)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or SecuritiesNotes. If more than one Security Note shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities Notes (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities Notes (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Current Market Price Per Share per share of Common Stock (calculated in accordance with Section 15.4(8) below) at the close of business on the day last Business Day prior to the date of conversion.

Appears in 1 contract

Sources: Indenture (HNC Software Inc/De)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share (as determined by the Company) at the close of business on the day of conversion.

Appears in 1 contract

Sources: Indenture (Atmi Inc)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full whole shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share market price (determined as provided in the last sentence of paragraph 6 of Section 1504) at the close of business on the day of conversion.

Appears in 1 contract

Sources: Indenture (Remington Oil & Gas Corp)

Fractions of Shares. No fractional shares of Common Stock Ordinary Shares shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable issued upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock Ordinary Shares which would otherwise be issuable issued upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one-100th of a share) in an amount equal to the same fraction of the Closing Last Reported Sale Price Per Share at of the close Ordinary Shares as of business on the day Trading Day preceding the date of conversion.

Appears in 1 contract

Sources: Senior Indenture (M-Systems Flash Disk Pioneers LTD)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) fractions in an amount equal to the same fraction of the Closing Price Per Share market price (determined as provided in the last sentence of paragraph 6 of Section 1504) at the close of business on the day of conversion.

Appears in 1 contract

Sources: Indenture (Atmos Energy Corp)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security Debenture or SecuritiesDebentures. If more than one Security Debenture shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable issued upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities Debentures (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable issued upon conversion of any Security Debenture or Securities Debentures (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one-100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at of the close Common Stock as of business on the day Trading Day immediately preceding the date of conversion.

Appears in 1 contract

Sources: Fifth Supplemental Indenture (Kerr McGee Corp)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share of Common Stock at the close of business on the day of conversion.

Appears in 1 contract

Sources: Indenture (Juniper Networks Inc)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which that would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at the close of business on the last Trading Day prior to the day of conversion.

Appears in 1 contract

Sources: Indenture (Medarex Inc)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company Issuer shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share market price (determined as provided in the last sentence of paragraph (f) of Section 14.04) at the close of business on the day of conversion.

Appears in 1 contract

Sources: Indenture (Murphy Oil Corp /De)

Fractions of Shares. No fractional shares of Common Stock shall Shareshall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock Share which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per current market price per Common Share (calculated in accordance with Section 1204(5) below) at the close of business on the day of conversion.

Appears in 1 contract

Sources: Indenture (Philip Services Corp/De)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share daily closing price per share of Common Stock (consistent with Section 1304(8) below) at the close of business on the day of conversion.

Appears in 1 contract

Sources: Indenture (Intermagnetics General Corp)

Fractions of Shares. No fractional shares share of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) fractional share in an amount equal to the same such fraction of multiplied by the Closing Price Per Share at the close of business on the day of conversionconversion (or, if such day is not a Trading Day, on the Trading Day immediately preceding such day).

Appears in 1 contract

Sources: Indenture (Geotek Communications Inc)

Fractions of Shares. No fractional shares of Common Stock Class A Shares shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which that shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock Class A Shares which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the applicable Closing Price Per Share at the close of business on the day of conversion.

Appears in 1 contract

Sources: Indenture (Budget Group Inc)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares of Common Stock which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment (rounded to the nearest cent) in 92 100 respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the Closing Price Per Share at per share of the close of business Common Stock on the day of conversionconversion (or, if such day is not a Trading Day, on the Trading Day immediately preceding such day).

Appears in 1 contract

Sources: Indenture (Trinet Corporate Realty Trust Inc)

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Security or Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares of Common Stock which shall be issuable issued upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof) so surrendered. Instead of any fractional share shares of Common Stock which would otherwise be issuable issued upon conversion of any Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th one-100th of a share) in an amount equal to the same fraction of the Closing Market Price Per Share at of the close shares of business on Common Stock as of the day of conversionTrading Day preceding the Conversion Date.

Appears in 1 contract

Sources: Indenture (Alloy Inc)