Common use of Increase in the Conversion Rate Clause in Contracts

Increase in the Conversion Rate. If a Make-Whole Fundamental Change occurs and a Holder 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 for the Notes so surrendered for conversion by a number of additional Common Shares (the “Additional Shares”), as described in this Section 4.06. A conversion of Notes shall be deemed for these purposes to be “in connection with” a Make-Whole Fundamental Change (i) occurring pursuant to clause (A) of the definition thereof if the relevant Conversion Notice is received by the Conversion Agent during the period from, and including, the Make-Whole Fundamental Change Effective Date up to, and including, the Close of Business on the Business Day immediately prior to the related Fundamental Change Purchase Date or, if such Make-Whole Fundamental Change is not also a Fundamental Change, the 35th Business Day immediately following the Make-Whole Fundamental Change Effective Date (such period, the “Make-Whole Fundamental Change Period”); or (ii) occurring pursuant to clause (B) of the definition thereof, if the Conversion Notice is received by the Conversion Agent during the period from, and including, the Redemption Notice Date for the related Redemption to, and including, the Business Day immediately before the related Redemption Date.

Increase in the Conversion Rate. If (i) a Make-Whole Fundamental Change occurs or (ii) the Company issues a Redemption Notice and a Holder elects to convert its Notes in connection with such Make-Whole Fundamental ChangeChange or Redemption Notice, as applicable, then the Company shall, to the extent provided herein, increase the Conversion Rate for the Notes so surrendered for conversion by a number of additional shares of Common Shares Stock (the “Additional Shares”), as described in this Section 4.06. A conversion of Notes shall be deemed for these purposes to be “in connection with” (x) a Make-Whole Fundamental Change (i) occurring pursuant to clause (A) of the definition thereof if the relevant Conversion Notice is received by the Conversion Agent during the period from, and including, the Effective Date of the Make-Whole Fundamental Change Effective Date up to, and including, the Close of Business on the Business Day immediately prior to the related Fundamental Change Purchase Date or, if such Make-Whole Fundamental Change is not also a Fundamental Change, the 35th Business Day immediately following the Effective Date for such Make-Whole Fundamental Change Effective Date (such period, the “Make-Whole Fundamental Change Period”); or (iiy) occurring pursuant to clause (B) of the definition thereof, a Redemption Notice if the Conversion Notice is received by the Conversion Agent during the period from, and including, the date of any Redemption Notice Date for until the Close of Business on the second Business Day immediately preceding the related Redemption to, and including, the Business Day immediately before the related Redemption DateDate as provided under Article 11.

Increase in the Conversion Rate. If a Make-Whole Fundamental Change occurs and a Holder 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 for the Notes so surrendered for conversion by a number of additional Common Shares (the “Additional Shares”), as described in this Section 4.06. A conversion of Notes shall be deemed for these purposes to be “in connection with” a Make-Whole Fundamental Change (i) occurring pursuant to clause (A) of the definition thereof if the relevant Conversion Notice is received by the Conversion Agent during the period from, and including, the Make-Whole Fundamental Change Effective Date up to, and including, the Close of Business on the Business Day immediately prior to the related Fundamental Change Purchase Date or, if such Make-Whole Fundamental Change is not also a Fundamental Change, the 35th thirty-fifth (35th) Business Day immediately following the Make-Whole Fundamental Change Effective Date (such period, the “Make-Whole Fundamental Change Period”); or (ii) occurring pursuant to clause (B) of the definition thereof, if the Conversion Notice is received by the Conversion Agent during the period from, and including, the Redemption Notice Date for the related Redemption to, and including, the Business Day immediately before the related Redemption Date.