SEC Filings

S-4/A
TIME WARNER INC. filed this Form S-4/A on 03/24/2000
Entire Document
 
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exchange, fail to exchange the applicable number of shares of Common Stock and
any cash portion of the Exchange Price or (z) exercise its right to rescind such
redemption pursuant to Section 4.5, in which case such rights shall not
terminate at such time and date) or (ii) if the Corporation shall so elect and
state in the notice of redemption or exchange, from and after the time and date
(which date shall be the date fixed for redemption or exchange or an earlier
date not less than fifteen (15) days after the date of mailing of the redemption
or exchange notice) on which the Corporation shall irrevocably deposit with a
designated bank or trust company doing business in the Borough of Manhattan,
City and State of New York, as paying agent, money sufficient to pay at the
office of such paying agent, on the redemption date, the Redemption Price, in
the case of redemption, or certificates representing the shares of Common Stock
to be so exchanged and any cash portion of the Exchange Price, in the case of an
exchange. Any money or certificates so deposited with any such paying agent that
shall not be required for such redemption or exchange because of the exercise of
any right of conversion or otherwise shall be returned to the Corporation
forthwith. Upon surrender (in accordance with the notice of redemption or
exchange) of the certificate or certificates for any shares of this Series to be
so redeemed or exchanged (properly endorsed or assigned for transfer, if the
Corporation shall so require and the notice of redemption or exchange shall so
state), such shares shall be redeemed or exchanged by the Corporation at the
Redemption Price or the Exchange Price, as applicable, as set forth in Section
4.1 (unless the Corporation shall have exercised its right to rescind such
redemption pursuant to Section 4.5). In case fewer than all the shares
represented by any such certificate are to be redeemed, a new certificate shall
be issued representing the unredeemed shares (or fractions thereof as provided
in Section 7.4), without cost to the holder thereof, together with the amount of
cash, if any, in lieu of fractional shares other than those issuable in
accordance with Section 7.4. Subject to applicable escheat laws, any moneys so
set aside by the Corporation in the case of redemption and unclaimed at the end
of one year from the redemption date shall revert to the general funds of the
Corporation, after which reversion the holders of such shares so called for
redemption or exchange shall look only to the general funds of the Corporation
for the payment of the Redemption Price or the Exchange Price, as applicable,
without interest. Any interest accrued on funds so deposited shall be paid to
the Corporation from time to time.