Common use of Adjustment to Conversion Rate Upon Conversion Clause in Contracts

Adjustment to Conversion Rate Upon Conversion. in Connection with a Make-Whole Fundamental Change. (a) Increase in the Conversion Rate. If the Make-Whole Fundamental Change Effective Date of a Make-Whole Fundamental Change occurs prior to the Maturity Date and a Holder elects to convert its Notes in connection with such Make-Whole Fundamental Change, the Conversion Rate of the Notes surrendered will increase by a number of additional shares of Common Stock (the “Additional Shares”), if any, calculated pursuant to Section 4.06(c) hereof and Schedule A hereto. A conversion of Notes will be deemed for these purposes to be “in connection with” such Make-Whole Fundamental Change if the notice of conversion of the Notes is received by the Conversion Agent from, and including, the Make-Whole Fundamental Change Effective Date of the Make-Whole Fundamental Change up to, and including, the Business Day immediately prior to the related Fundamental Change Purchase Date (or, in the case of a Make-Whole Fundamental Change that would have been a Fundamental Change but for the proviso in clause (2) of the definition thereof, the 35th Trading Day immediately following the Make-Whole Fundamental Change Effective Date of such Make-Whole Fundamental Change).

Adjustment to Conversion Rate Upon Conversion. in Connection with a Make-Whole Fundamental Change. (a) Increase in the Conversion Rate. If the Make-Whole Fundamental Change Effective Date of a Make-Whole Fundamental Change occurs prior to the Maturity Date and a Holder Purchaser elects to convert its Notes in connection with such Make-Whole Fundamental Change, then the Company shall, to the extent provided herein, increase the Conversion Rate of for the Notes so surrendered will increase for conversion by a number of additional shares of Common Stock (the “Additional Shares”), if any, calculated pursuant to as described in this Section 4.06(c) hereof and Schedule A hereto4.6. A conversion of Notes will shall be deemed for these purposes to be “in connection with” such a Make-Whole Fundamental Change if the notice of conversion of the Notes relevant Conversion Notice is received by the Conversion Agent during the period from, and including, the Make-Whole Fundamental Change Effective Date of the Make-Whole Fundamental Change up to, and including, the Close of Business on the Business Day immediately prior to the related Fundamental Change Purchase Date (or, in the case of a if such Make-Whole Fundamental Change that would have been is not also a Fundamental Change but for the proviso in clause (2) of the definition thereofChange, the 35th Trading Business Day immediately following the Make-Whole Fundamental Change Effective Date of (such period, the “Make-Whole Fundamental ChangeChange Period”).

Adjustment to Conversion Rate Upon Conversion. in Connection with a Make-Make- Whole Fundamental Change. (a) Increase in the Conversion Rate. If the Make-Whole Fundamental Change Effective Date of a Make-Whole Fundamental Change occurs prior to the Maturity Date and a Holder Purchaser elects to convert its Notes in connection with such Make-Whole Fundamental Change, then the Company shall, to the extent provided herein, increase the Conversion Rate of for the Notes so surrendered will increase for conversion by a number of additional shares of Common Stock (the “Additional Shares”), if any, calculated pursuant to as described in this Section 4.06(c) hereof and Schedule A hereto4.6. A conversion of Notes will shall be deemed for these purposes to be “in connection with” such a Make-Whole Fundamental Change if the notice of conversion of the Notes relevant Conversion Notice is received by the Conversion Agent during the period from, and including, the Make-Whole Fundamental Change Effective Date of the Make-Whole Fundamental Change up to, and including, the Close of Business on the Business Day immediately prior to the related Fundamental Change Purchase Date (or, in the case of a if such Make-Whole Fundamental Change that would have been is not also a Fundamental Change but for the proviso in clause (2) of the definition thereofChange, the 35th Trading Business Day immediately following the Make-Whole Fundamental Change Effective Date of (such period, the “Make-Whole Fundamental ChangeChange Period”).