BOGA "make whole" provisions: Read any recent BOGA SEC documents. For example, sec.gov page 5, section "Change in Control".
Quote:
"As previously reported by us in the Company Report and disclosed by Third Point in its Schedule 13D, on July 17, 2008 Third Point converted into 62,018,850 shares of our common stock $44,650,000 aggregate principal amount of the Notes acquired by them in a series of transactions commencing July 7, 2008, which acquisition and conversion resulted in a change in the controlling interest of our Company (the “Change of Control Event”). In subsequent transactions, Third Point acquired an additional $8,850,000 aggregate principal amount of the Notes and, on July 30, 2008, converted into 12,292,650 more shares of our common stock. After we elected to issue additional shares pursuant to the “make-whole” provisions of the Indenture under which the Notes were issued, Third Point received an additional 42,723,747 shares of our common stock with respect to the total principal amount of the Notes converted."
Emphasis mine. |
