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 second (2nd) 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; and (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such Note may not be converted, except to the extent (a) such Note is not subject to such notice; (b) such notice is withdrawn in accordance with Section 4.02(F); or (c) the Company fails to pay the Fundamental Change Repurchase Price for such Note in accordance with this Indenture. (5) The determination and monitoring of the Holders’ rights to convert Notes and the Conversion Dates will be the responsibility of the Company. Neither the Trustee nor the Conversion Agent will be responsible for determining whether a conversion event has occurred nor will the Trustee or the Conversion Agent be required to notify Holders if a conversion event has occurred or will occur unless the Company requests, in writing, that such notice be provided.

Limitations and Closed Periods. Notwithstanding anything to the contrary in this Indenture or the Notes: (1) Notes may be surrendered for conversion 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 Converted after the Close of Business on the second (2nd) Scheduled Trading Day immediately before the Maturity Date; (3) if the Company calls any Note for Redemption pursuant to Section 4.034.04, then the Holder of such Note may not convert 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; and (4) if a Fundamental Change Repurchase Notice or Optional Repurchase Notice is validly delivered pursuant to Section 4.02(F) or 4.03(E), respectively, with respect to any Note, then such Note may not be convertedConverted, 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 4.03(E), as applicable; or (c) the Company fails to pay the Fundamental Change Repurchase Price or Optional Repurchase Price, as applicable, for such Note in accordance with this Indenture. (5) The determination and monitoring of the Holders’ rights to convert Notes and the Conversion Dates will be the responsibility of the Company. Neither the Trustee nor the Conversion Agent will be responsible for determining whether a conversion event has occurred nor will the Trustee or the Conversion Agent be required to notify Holders if a conversion event has occurred or will occur unless the Company requests, in writing, that such notice be provided.

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 second (2nd) 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; and; (4) if a Fundamental Change Repurchase Notice is validly delivered pursuant to Section 4.02(F4.02(F)(i) 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(F4.02(F)(iii); or (c) the Company fails to pay the Fundamental Change Repurchase Price for such Note in accordance with this Indenture.; and (5) The determination and monitoring of if an Equity Raise Trigger Repurchase Notice is validly delivered pursuant to Section 4.02(F)(i) with respect to any Payment Priority Note, then such Note may not be converted, except to the Holders’ rights extent (a) such Note is not subject to convert Notes and the Conversion Dates will be the responsibility of the Company. Neither the Trustee nor the Conversion Agent will be responsible for determining whether a conversion event has occurred nor will the Trustee such notice; (b) such notice is withdrawn in accordance with Section 4.02(F)(iii); or the Conversion Agent be required to notify Holders if a conversion event has occurred or will occur unless (c) the Company requests, fails to pay the Equity Raise Trigger Repurchase Price for such Note in writing, that such notice be providedaccordance with this Indenture.

Limitations and Closed Periods. Notwithstanding anything to the contrary in this Indenture or the Notes: (1) Notes may be surrendered for conversion during a period where the Notes are convertible pursuant to Section 5.01(C) 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 second (2nd) 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 on account of such Redemption Notice after the Close of Business on the second (2nd) Business Scheduled Trading 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; and (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. Indenture (5) The determination and monitoring or a third party fails to make such payment in lieu of the Holders’ rights to convert Notes and the Conversion Dates will be the responsibility of the Company. Neither the Trustee nor the Conversion Agent will be responsible for determining whether a conversion event has occurred nor will the Trustee or the Conversion Agent be required to notify Holders if a conversion event has occurred or will occur unless the Company requests, in writing, that such notice be providedaccordance with Section 4.02(H)).

Limitations and Closed Periods. Notwithstanding anything to the contrary in this Indenture or the Notes: (1) Notes may be surrendered for conversion during a period where the Notes are convertible pursuant to ‎Section 5.01(C) 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 second (2nd) Scheduled Trading Day immediately before the Maturity Date; (3) if the Company calls any Note for Redemption pursuant to Section ‎Section 4.03, then the Holder of such Note may not convert such Note on account of such Redemption Notice after the Close of Business on the second (2nd) Business Scheduled Trading 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; and (4) if a Fundamental Change Repurchase Notice is validly delivered pursuant to Section 4.02(F‎4.02(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(F‎4.02(F); or (c) the Company fails to pay the Fundamental Change Repurchase Price for such Note in accordance with this Indenture. Indenture (5) The determination and monitoring or a third party fails to make such payment in lieu of the Holders’ rights to convert Notes and the Conversion Dates will be the responsibility of the Company. Neither the Trustee nor the Conversion Agent will be responsible for determining whether a conversion event has occurred nor will the Trustee or the Conversion Agent be required to notify Holders if a conversion event has occurred or will occur unless the Company requests, in writing, that such notice be providedaccordance with ‎Section 4.02(H)).

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 second (2nd) Scheduled Trading Day immediately before the Maturity Date; (3) if the Company calls any Note for Optional 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 Optional Redemption Date, except to the extent Date (unless the Company fails to pay the Optional Redemption Price for such Note in accordance with this Indenture, in which case such Note may be submitted for conversion at any time until such time as the Optional Redemption Price has been paid or duly provided for); and (4) if a Fundamental Change Repurchase Redemption 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 Redemption Price for such Note in accordance with this Indenture. (5) The determination and monitoring of the Holders’ rights to convert Notes and the Conversion Dates will be the responsibility of the Company. Neither the Trustee nor the Conversion Agent will be responsible for determining whether a conversion event has occurred nor will the Trustee or the Conversion Agent be required to notify Holders if a conversion event has occurred or will occur unless the Company requests, in writing, that such notice be provided.

Limitations and Closed Periods. Notwithstanding anything to the contrary in this the 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 second (2nd) 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 Indenturethe Indenture (in which case, a Holder of Notes may convert such Notes until the Redemption Price has been paid or duly provided for); and (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 the Indenture. (5) The determination and monitoring of the Holders’ rights to convert Notes and the Conversion Dates will be the responsibility of the Company. Neither the Trustee nor the Conversion Agent will be responsible for determining whether a conversion event has occurred nor will the Trustee or the Conversion Agent be required to notify Holders if a conversion event has occurred or will occur unless the Company requests, in writing, that such notice be provided.