General Considerations. Whenever successive adjustments to the Conversion Rate are called for pursuant to this Article 11, such adjustments shall be made to the Current Market Price as may be necessary or appropriate to effectuate the intent of this Article 11 and to avoid unjust or inequitable results as determined in good faith by the Board of Directors.
Appears in 6 contracts
Sources: Indenture (Network Associates Inc), Indenture (Aspect Telecommunications Corp), Indenture (Network Associates Inc)
General Considerations. Whenever successive adjustments to the Conversion Rate are called for pursuant to this Article 11, such adjustments shall be made to the Current Market Price as may be necessary or appropriate to effectuate the intent of this Article 11 and to avoid unjust or inequitable results as determined in good faith by the Board of Directors.
Appears in 3 contracts
Sources: Indenture (Wellpoint Health Networks Inc /De/), Indenture (Wellpoint Health Networks Inc /De/), Indenture (Nabors Industries Inc)
General Considerations. Whenever successive adjustments to the Conversion Rate are called for pursuant to this Article 11, such adjustments shall be made to the Current Market Price or the conversion rate adjustment provisions of 11.7, 11.8, 11.9 and 11.18 as may be necessary or appropriate to effectuate the intent of this Article 11 and to avoid unjust or inequitable results as determined in good faith by the Board of Directors.
Appears in 2 contracts
Sources: Indenture (Atmel Corp), Indenture (Atmel Corp)
General Considerations. Whenever successive adjustments to the Conversion Rate are called for pursuant to this Article 11, such adjustments shall be made to the Current Market Price as may be necessary or appropriate to effectuate the intent of this Article 11 and to avoid unjust or inequitable results as determined in good faith by the Board of DirectorsDirectors of the Company.
Appears in 1 contract
Sources: Indenture (Triarc Companies Inc)
General Considerations. Whenever successive adjustments to the Conversion Rate are called for pursuant to this Article 11, such adjustments shall be made to the Current Market Price or the conversion rate adjustment provisions of Sections 11.7, 11.8, 11.9 and 11.18 as may be necessary or appropriate to effectuate the intent of this Article 11 and to avoid unjust or inequitable results as determined in good faith by the Board of Directors.
Appears in 1 contract
General Considerations. Whenever successive adjustments to the Conversion Rate are called for pursuant to this Article 1110, such adjustments shall be made to the Current Market Price as may be necessary or appropriate to effectuate the intent of this Article 11 10 and to avoid unjust or inequitable results as determined in good faith by the Board of Directors.
Appears in 1 contract
Sources: Supplemental Indenture (Fisher Scientific International Inc)
General Considerations. Whenever successive adjustments to the Conversion Rate are called for pursuant to this Article 1110, such adjustments shall be made to the Current Market Price as may be necessary or appropriate to effectuate the intent of this Article 11 10 and to avoid unjust or inequitable results as determined in good faith by the Board of Directors.
Appears in 1 contract
Sources: Indenture (Ingram Micro Inc)