Common use of Conversion Price During Major Announcements Clause in Contracts

Conversion Price During Major Announcements. Notwithstanding anything contained in Section 1.2(a) to the contrary, in the event the Borrower (i) makes a public announcement that it intends to consolidate or merge with any other corporation (other than a merger in which the Borrower is the surviving or continuing corporation and its capital stock is unchanged) or sell or transfer all or substantially all of the assets of the Borrower or (ii) any person, group or entity (including the Borrower) publicly announces a tender offer to purchase 50% or more of the Borrower’s Common Stock (or any other takeover scheme) (the date of the announcement referred to in clause (i) or (ii) is hereinafter referred to as the “Announcement Date”), then the Conversion Price shall, effective upon the Announcement Date and continuing through the Adjusted Conversion Price Termination Date (as defined below), be equal to the lower of (x) the Conversion Price which would have been applicable for a Conversion occurring on the Announcement Date and (y) the Conversion Price that would otherwise be in effect. From and after the Adjusted Conversion Price Termination Date, the Conversion Price shall be

Conversion Price During Major Announcements. Notwithstanding ------------------------------------------- anything contained in Section 1.2(asubparagraph (a) of this Paragraph B to the contrary, in the event the Borrower (i) makes a public announcement that it intends to consolidate or merge with any other corporation Person (other than a merger in which the Borrower is the surviving or continuing corporation and its capital stock is unchanged) or sell or transfer all or substantially all of the assets of the Borrower or (ii) any personPerson, group or entity (including the Borrower) publicly announces a tender offer to purchase 50% or more of the Borrower’s 's Common Stock (or any other takeover scheme) (the date of the announcement referred to in clause (i) or (ii) is hereinafter referred to as the “"Announcement Date”"), then the Conversion Price shall, effective upon the Announcement Date and continuing through the Adjusted Conversion Price Termination Date (as defined below), be equal equal, for each such date, to the lower of (x) the Conversion Price which would have been applicable for a an Optional Conversion occurring on the Announcement Date and (y) the Conversion Price that would otherwise be in effect. From and after the Adjusted Conversion Price Termination Date, the Conversion Price shall bebe determined as set forth in subparagraph (a) of this Article II.

Conversion Price During Major Announcements. Notwithstanding anything contained in Section 1.2(a) to the contrary, in the event the Borrower (i) makes a public announcement that it intends to consolidate or merge with any other corporation (other than a merger in which the Borrower is the surviving or continuing corporation and its capital stock is unchanged) or sell or transfer all or substantially all of the assets of the Borrower or (ii) any person, group or entity (including the Borrower) publicly announces a tender offer to purchase 50% or more of the Borrower’s Common Stock (or any other takeover scheme) (the date of the announcement referred to in clause (i) or (ii) is hereinafter referred to as the “Announcement Date”), then the Conversion Price shall, effective upon the Announcement Date and continuing through the Adjusted Conversion Price Termination Date (as defined below), be equal to the lower of (x) the Conversion Price which would have been applicable for a Conversion occurring on the Announcement Date and (y) the Conversion Price that would otherwise be in effect. From and after the Adjusted Conversion Price Termination Date, the Conversion Price shall bebe 4

Conversion Price During Major Announcements. Notwithstanding anything contained in Section 1.2(a) subparagraph 1 of this Paragraph B to the contrary, in the event the Borrower Corporation (ia) makes a public announcement that it intends to consolidate or merge with any other corporation (other than a merger in which the Borrower Corporation is the surviving or continuing corporation and its capital stock is unchanged) or sell or transfer all or substantially all of the assets of the Borrower Corporation or (iib) any person, group or entity (including the BorrowerCorporation) publicly announces a tender offer to purchase 50% or more of the Borrower’s Corporation's Common Stock then outstanding (or any other takeover scheme) (the date of the announcement referred to in clause (ia) or (iib) is hereinafter referred to as the “Announcement Date”"ANNOUNCEMENT DATE"), then the Conversion Price shall, effective upon on the Announcement Date and continuing through the Adjusted Conversion Price Termination Date (as defined below), be equal equal, for each such date, to the lower of (x) the Conversion Price which would have been applicable for a an Optional Conversion occurring on the Announcement Date and (y) the Conversion Price that would otherwise be in effecteffect on such date. From and after the Adjusted Conversion Price Termination Date, the Conversion Price shall bebe determined as set forth in subparagraph 1 of this Article II.