Common use of Limitations and Closed Periods Clause in Contracts

Limitations and Closed Periods. Notwithstanding anything to the contrary in this Indenture or the Notes: (1) Notes may be surrendered for conversion only after the Open of Business and before the Close of Business on a day that is a Business Day; (2) in no event may any Note be converted after the Close of Business on the fifth (5th) Scheduled Trading Day immediately before the Maturity Date; (3) if the Company calls any Note for Redemption pursuant to Section 4.03, then the Holder of such Note may not convert such Note after the Close of Business on the second (2nd) Business Day immediately before the applicable Redemption Date, except to the extent the Company fails to pay the Redemption Price for such Note in accordance with this Indenture; (4) if a Fundamental Change Repurchase Notice is validly delivered pursuant to Section 4.02(F) with respect to any Note, then such Note may not be converted, except to the extent (a) such Note is not subject to such notice; (b) such notice is withdrawn in accordance with Section 4.02(F); or (c) the Company fails to pay the Fundamental Change Repurchase Price for such Note in accordance with this Indenture; and (5) if the Company calls any Note for Optional Exchange pursuant to Section 4.04, then the Holder of such Note may not convert such Note after the Close of Business on the second (2nd) Business Day immediately before the Optional Exchange Date, except to the extent the Company fails to pay the Optional Exchange Consideration due on such Optional Exchange Date in accordance with the Indenture.

Limitations and Closed Periods. Notwithstanding anything to the contrary in this Indenture or the Notes: (1i) Notes may be surrendered for conversion only after the Open of Business and before the Close of Business on a day that is a Business Day; (2ii) in no event may any Note be converted after the Close of Business on the fifth second (5th2nd) Scheduled Trading Day immediately before the Maturity Date; (3iii) if the Company calls any Note the Notes for Redemption pursuant to Section 4.03, then the Holder Holders of such Note Notes may not convert such Note Notes after the Close of Business on the second (2nd) Business Day immediately before the applicable Redemption Date, except to the extent the Company fails to pay the Redemption Price for such Note in accordance with this Indenture; (4iv) if a Fundamental Change Repurchase Notice is validly delivered pursuant to Section 4.02(F) with respect to any Note, then such Note may not be converted, except to the extent (a) such Note is not subject to such notice; (b) such notice is withdrawn in accordance with Section 4.02(F); or (c) the Company fails to pay the Fundamental Change Repurchase Price for such Note in accordance with this Indenture; and (5v) if the Company calls any Note for an Optional Exchange Repurchase Notice is validly delivered pursuant to Section 4.044.04(E)(i) with respect to any Note, then the Holder of such Note may not convert such Note after the Close of Business on the second (2nd) Business Day immediately before the Optional Exchange Datebe converted, except to the extent (a) such Note is not subject to such notice; (b) such notice is withdrawn in accordance with Section 4.04(E)(iii) or, from the Open of Business on the Business Day immediately following the Optional Repurchase Note Surrender Date, such Note has not been delivered to the Paying Agent in accordance with Section 4.04(E)(iv); or (c) the Company fails to pay the Optional Exchange Consideration due on Repurchase Price for such Optional Exchange Date Note in accordance with the this Indenture.