Limitations on Adjustments. (i) Except as stated in this Article 7, the Issuer will not adjust the Exchange Rate for the issuance of Ordinary Shares or ADSs or any securities exchangeable into or exchangeable for Ordinary Shares or ADSs or the right to purchase Ordinary Shares or ADSs or such exchangeable or exchangeable securities. (ii) In addition, notwithstanding anything to the contrary in this Section 7.05, the Issuer will not be required to adjust the Exchange Rate: (A) upon the issuance of: (1) any Ordinary Shares or ADSs pursuant to any present or future plan providing for the reinvestment of dividends or interest payable on the Guarantor’s securities and the investment of additional optional amounts in Ordinary Shares or ADSs under any plan; (2) any Ordinary Shares or ADSs or options or rights to purchase Ordinary Shares or ADSs pursuant to any present or future employee, director or consultant benefit plan or program of, or assumed by, the Guarantor or any of its Subsidiaries; or (3) any Ordinary Shares or ADSs pursuant to any option, warrant, right or exercisable, convertible or exchangeable security not described in clause (2) above and outstanding as of the Issue Date; (B) for a change solely in the par value of the Ordinary Shares; or (C) for accrued and unpaid interest, and Additional Interest on the Notes, if any.
Appears in 3 contracts
Sources: Indenture (Amarin Corp Plc\uk), Indenture (Amarin Corp Plc\uk), Indenture (Amarin Corp Plc\uk)
Limitations on Adjustments. (i) Except as stated in this Article Section 7, the Issuer will not adjust the Exchange Rate for the issuance of Ordinary Shares or ADSs or any securities exchangeable into or exchangeable for Ordinary Shares or ADSs or the right to purchase Ordinary Shares or ADSs or such exchangeable or exchangeable securities.
(ii) In addition, notwithstanding anything to the contrary in this Section 7.057.5, the Issuer will not be required to adjust the Exchange Rate:
(Aa) upon the issuance of:
(1) any Ordinary Shares or ADSs pursuant to any present or future plan providing for the reinvestment of dividends or interest payable on the GuarantorIssuer’s securities and the investment of additional optional amounts in Ordinary Shares or ADSs under any plan;
(2) any Ordinary Shares or ADSs or options or rights to purchase Ordinary Shares or ADSs pursuant to any present or future employee, director or consultant benefit plan or program of, or assumed by, the Guarantor Issuer or any of its Subsidiaries; or
(3) any Ordinary Shares or ADSs pursuant to any option, warrant, right or exercisable, convertible or exchangeable security not described in clause (2) above and outstanding as of the Issue Date;
(Bb) for a change solely in the par value of the Ordinary Shares; or
(Cc) for accrued and unpaid interest, and Additional Interest on the Notes, if any.
Appears in 1 contract
Limitations on Adjustments. (i) Except as stated in this Article 7, the Issuer will not adjust the Exchange Rate for the issuance of Ordinary Shares or ADSs or any securities exchangeable into or exchangeable for Ordinary Shares or ADSs or the right to purchase Ordinary Shares or ADSs or such exchangeable or exchangeable securities.
(ii) In addition, notwithstanding anything to the contrary in this Section 7.05, the Issuer will applicable Exchange Rate shall not be required to adjust the Exchange Rateadjusted:
(A) upon the issuance of:
(1) of any Ordinary Shares or ADSs pursuant to any present or future plan providing for the reinvestment of dividends or interest payable on the Guarantor’s securities and the investment of additional optional amounts in Ordinary Shares or ADSs under any plan;
(2B) upon the issuance of any Ordinary Shares or ADSs or options or rights to purchase Ordinary Shares or ADSs pursuant to any present or future employee, director or consultant benefit plan or program of, or assumed by, the Guarantor or any of its Subsidiaries; or
(3C) upon the issuance of any Ordinary Shares or ADSs pursuant to any option, warrant, right or exercisable, convertible exercisable or exchangeable security not described in clause (2B) above and outstanding as of the Issue Date;
(BD) for a change solely in the par nominal value of the Ordinary Shares; or
(CE) for accrued and unpaid interest, and Additional Interest on the Notes, if any.
Appears in 1 contract
Sources: Indenture (Jazz Pharmaceuticals PLC)