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

Calculations in Respect of the Securities. Except as otherwise provided in Section 10.01(b)(ii) of this Indenture, the Company shall be responsible for making all calculations called for under this Indenture or the Securities. These calculations include, but are not limited to, determinations of the Closing Sale Price of the Common Stock, the VWAP Prices, the Daily Conversion Values, the Daily Settlement Amounts, accrued interest payable on the Securities, the Conversion Rate and Conversion Price and any adjustments. The Company or its agents shall make all these calculations in good faith and, absent manifest error, such calculations shall be final and binding on Holders. The Company shall provide a schedule of these calculations to each of the Trustee and the Paying Agent upon request, and each of the Trustee and Conversion Agent is entitled to conclusively rely upon the accuracy of such calculations without independent verification. The Trustee shall forward these calculations to any Holder upon the written request of such Holder at the sole cost and expense to the Company.

Calculations in Respect of the Securities. Except as otherwise provided in Section 10.01(b)(ii) of this Indenture, the The Company and its agents shall be responsible for making make all calculations called for under this Indenture or and the Securities. These calculations include, but are not limited to, determinations of the Closing Sale Price of the Common Stock, the VWAP Pricesnumber of shares deliverable upon conversion, adjustments to the Conversion Price and the Conversion Rate, the Daily Conversion ValuesVWAPs, the Daily Settlement AmountsConversion Rate of the Securities, accrued the amount of conversion consideration deliverables in respect of any conversion and the amounts of interest payable on the Securities, the Conversion Rate and Conversion Price and any adjustments. The Company or and its agents shall make all of these calculations in good faith faith, and, absent manifest error, such calculations shall be final and binding on all Holders. The Company shall provide a schedule copy of these such calculations to each of the Trustee (and the Paying Conversion Agent upon requestif not the Trustee) as required hereunder, and each of and, the Trustee and Conversion Agent is shall be entitled to conclusively rely upon on the accuracy of any such calculations calculation without independent verification. The Trustee shall will forward these the Company’s calculations to any Holder upon the written request of such that Holder at the sole cost and expense to of the Company.

Calculations in Respect of the Securities. Except as otherwise provided in Section 10.01(b)(ii) of this Indenture, the The Company and its agents shall be responsible for making make all calculations called for under this Indenture or and the Securities. These calculations include, but are not limited to, determinations of the Closing Sale Price of the Common Stock, the VWAP Pricesnumber of shares deliverable upon conversion, adjustments to the Conversion Price and the Conversion Rate, the Daily Conversion ValuesVWAPs, the Daily Settlement AmountsConversion Rate of the Securities, accrued the amount of conversion consideration deliverables in respect of any conversion and the amounts of interest payable on the Securities, the Conversion Rate and Conversion Price and any adjustments. The Company or and its agents shall make all of these calculations in good faith faith, and, absent manifest error, such calculations shall be final and binding on all Holders. The Company shall provide a schedule copy of these such calculations to each of the Trustee (and the Paying Conversion Agent upon requestif not the Trustee) as required hereunder, and each of and, the Trustee and Conversion Agent is shall be entitled to conclusively rely upon on the accuracy of any such calculations calculation without independent verification. The Trustee shall Company will forward these the Company’s calculations to any Holder upon the written request of such Holder at the sole cost and expense to the Companythat ▇▇▇▇▇▇.