Common use of Certain Other Adjustments Clause in Contracts

Certain Other Adjustments. To the extent not otherwise covered by Section 13.03, whenever a provision of this Indenture requires the calculation of Last Reported Sale Prices over a span of multiple days, the Board of Directors shall make appropriate adjustments to such Last Reported Sale Prices, the Conversion Rate or the amount due upon conversion to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the applicable record date of the event occurs, at any time during the period from which such Last Reported Sale Prices are to be calculated. Any such adjustment in accordance with the provisions of this Section 13.05 shall be determined in good faith by the Board of Directors in order to give effect to the intent of Section 13.05 and the other provisions of this Article 13 and to avoid unjust or inequitable results.

Certain Other Adjustments. To the extent not otherwise covered by Section 13.03, whenever a provision of this Indenture requires the calculation of Last Reported Sale Prices over a span of multiple days, the Board of Directors shall will make appropriate adjustments to such Last Reported Sale Prices, Prices and the Conversion Rate or the amount due upon conversion to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the applicable record date of the event occurs, at any time during the period from which such Last Reported Sale Prices are to be calculated. Any such adjustment in accordance with the provisions of this Section 13.05 shall be determined in good faith by the Board of Directors in order to give effect to the intent of Section 13.05 and the other provisions of this Article 13 and to avoid unjust or inequitable results.