Common use of Calculations in Respect of the Securities Clause in Contracts

Calculations in Respect of the Securities. The Company and its agents shall make all calculations under this Indenture and the Securities. These calculations include, but are not limited to, determinations of the Trading Price of the Securities, whether the Closing Sale Price of Common Stock exceeds the Conversion Trigger Price as specified in Section 10.01(b)(i), the Volume-Weighted Average Price, the Daily Conversion Value, the Daily Settlement Amount and the Closing Sale Price of the Common Stock, the amount of cash and/or number of shares, if any payable or deliverable upon conversion of the Securities and amounts of interest (including Additional Interest) payable on the Securities. The Company and its agents shall make all of these calculations in good faith, and, absent manifest error, such calculations shall be final and binding on all Holders. The Company shall provide a copy of such calculations to the Trustee as required hereunder, and, absent such manifest error, the Trustee shall be entitled to conclusively rely on the accuracy of any such calculation without independent verification.

Calculations in Respect of the Securities. The Company and its agents shall make all calculations under this Indenture and the Securities. These calculations include, but are not limited to, determinations of the Trading Price of the Securities, whether the Closing Last Reported Sale Price of Common Stock exceeds the Conversion Trigger Price as specified in Section 10.01(b)(i10.01(B)(i), the Volume-Weighted Average Price, the Daily Conversion Value, the Daily Settlement Amount and the Closing Last Reported Sale Price of the Common Stock, the amount of cash and/or number of shares, if any payable or deliverable upon conversion of the Securities and amounts of interest (including Additional Interest) payable on the Securities. The Company and its agents shall make all of these calculations in good faith, and, absent manifest error, such calculations shall be final and binding on all Holders. The Company shall provide a copy of such calculations to the Trustee as required hereunder, and, absent such manifest error, the Trustee shall be entitled to conclusively rely on the accuracy of any such calculation without independent verification.

Calculations in Respect of the Securities. The Company and its agents shall make all calculations under this Indenture and the Securities. These calculations include, but are not limited to, determinations of the Trading Price of the Securities, whether the Closing Sale Price of Common Stock exceeds the Conversion Trigger Price as specified in Section 10.01(b)(i10.01(B)(i), the Volume-Weighted Average Price, the Daily Conversion Value, the Daily Settlement Amount and the Closing Sale Price of the Common Stock, the amount of cash and/or number of shares, if any payable or deliverable upon conversion of the Securities and amounts of interest (including Additional Interest) payable on the Securities. The Company and its agents shall make all of these calculations in good faith, and, absent manifest error, such calculations shall be final and binding on all Holders. The Company shall provide a copy of such calculations to the Trustee as required hereunder, and, absent such manifest error, the Trustee shall be entitled to conclusively rely on the accuracy of any such calculation without independent verification.