Common use of Responsibility of Trustee for Conversion Provisions Clause in Contracts

Responsibility of Trustee for Conversion Provisions. The Trustee and any Conversion Agent shall not at any time be under any duty or responsibility to any Holder to determine whether any facts exist which may require any adjustment of the conversion price, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, or herein or in any supplemental indenture provided to be employed, in making the same. Neither the Trustee nor any Conversion Agent shall be accountable with respect to the validity or value (or the kind or amount) of any Shares, or of any other securities or property, which may at any time be issued or delivered upon the conversion of any Security; and it or they do not make any representation with respect thereto. Neither the Trustee nor any Conversion Agent shall be responsible for any failure of the Company to make any cash payment or to issue, transfer or deliver any Shares or certificates therefor or other securities or property upon the surrender of any Security for the purpose of conversion, and the Trustee, subject to the provisions of Section 9.01, and any Conversion Agent shall not be responsible for any failure of the Company to comply with any of the covenants of the Company contained in this Article.

Responsibility of Trustee for Conversion Provisions. The Trustee and any Conversion Agent shall not at any time be under any duty or responsibility to any Holder of Securities to determine whether any facts exist which may require any adjustment of the conversion priceConversion Rate, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, or herein or in any supplemental indenture provided to be employed, in making the same, or whether a supplemental indenture need be entered into. Neither the Trustee nor any Conversion Agent shall be accountable with respect to the validity or value (or the kind or amount) of any SharesCommon Stock, or of any other securities or propertyproperty or cash, which may at any time be issued or delivered upon the conversion of any SecuritySecurities; and it or they do not make any representation with respect thereto. Neither the Trustee nor any Conversion Agent shall be responsible for any failure of the Company to make or calculate any cash payment or to issue, transfer or deliver any Shares shares of Common Stock or share certificates therefor or other securities or property or cash upon the surrender of any Security for the purpose of conversion, ; and the Trustee, subject to the provisions of Section 9.01, Trustee and any Conversion Agent shall not be responsible for any failure of the Company to comply with any of the covenants of the Company contained in this Article.

Responsibility of Trustee for Conversion Provisions. The Trustee and any Conversion Agent shall not at any time be under any duty or responsibility to any Holder to determine whether any facts exist which may require any adjustment of the conversion priceConversion Rate, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, or herein or in any supplemental indenture provided to be employed, in making the same, or whether a supplemental indenture need be entered into. Neither the The Trustee nor any Conversion Agent shall not be accountable with respect to the validity or value (or the kind or amount) of any SharesCommon Stock, or of any other securities or propertyproperty or cash, which may at any time be issued or delivered upon the conversion of any Security; and it or they do not make any representation with respect thereto. Neither the The Trustee nor any Conversion Agent shall not be responsible for any failure of the Company to make or calculate any cash payment or to issue, transfer or deliver any Shares shares of Common Stock or share certificates therefor or other securities or property or cash upon the surrender of any Security for the purpose of conversion, ; and the Trustee, subject to the provisions of Section 9.01, and any Conversion Agent Trustee shall not be responsible for any failure of the Company to comply with any of the covenants of the Company contained in this Article.. ARTICLE THIRTEEN

Responsibility of Trustee for Conversion Provisions. (a) The Trustee and any Conversion Agent shall not at any time be under any duty or responsibility to any Holder to determine whether any facts exist which may require any adjustment of the conversion priceConversion Price, or with respect to the nature or extent intent of any such adjustment adjustments when made, or with respect to the method employed, or herein or in any supplemental indenture provided to be employed, in making the same. Neither the Trustee nor any Conversion Agent shall be accountable with respect to the validity or value (or of the kind or amount) of any Shares, Common Stock or of any other securities or property, which may at any time be issued or delivered upon the conversion of any SecurityNote; and it or they do not make any representation with respect thereto. Neither the Trustee nor any Conversion Agent shall be responsible for any failure of the Company to make any cash payment or to issue, transfer or deliver any Shares shares of stock or share certificates therefor or other securities or property upon the surrender of any Security Note for the purpose of conversion, ; and the Trustee, subject to the provisions of Section 9.01, Trustee and any Conversion Agent shall not be responsible or liable for any failure of the Company to comply with any of the covenants of the Company contained in this Article.

Responsibility of Trustee for Conversion Provisions. The Trustee and any Conversion Agent shall not at any time be under any duty or responsibility to any Holder of Securities to determine whether any facts exist which may require any adjustment of the conversion priceConversion Price, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, or herein or in any supplemental indenture provided to be employed, in making the same, or whether a supplemental indenture need be entered into. Neither the Trustee nor any Conversion Agent shall be accountable with respect to the validity or value (or the kind or amount) of any SharesCommon Stock, or of any other securities or propertyproperty or cash, which may at any time be issued or delivered upon the conversion of any SecuritySecurities; and it or they do not make any representation with respect thereto. Neither the Trustee nor any Conversion Agent shall be responsible for any failure of the Company to make or calculate any cash payment or to issue, transfer or deliver any Shares shares of Common Stock or share certificates therefor or other securities or property or cash upon the surrender of any Security for the purpose of conversion, ; and the Trustee, subject to the provisions of Section 9.01, Trustee and any Conversion Agent shall not be responsible for any failure of the Company to comply with any of the covenants of the Company contained in this Article.

Responsibility of Trustee for Conversion Provisions. The Trustee and any Conversion Agent shall not at any time be under any duty or responsibility to any Holder of Notes to determine whether any facts exist which may require any adjustment of the conversion priceConversion Price, or with respect to the nature or extent intent of any such adjustment adjustments when made, or with respect to the method employed, or herein or in any supplemental indenture provided to be employed, in making the same. Neither the Trustee nor any Conversion Agent shall be accountable with respect to the validity or value (or of the kind or amount) of any SharesCommon Stock, or of any other securities or property, which may at any time be issued or delivered upon the conversion of any SecurityNote; and it or they do not make any representation with respect thereto. Neither the Trustee nor any Conversion Agent shall be responsible for any failure of the Company to make any cash payment or to issue, transfer or deliver any Shares shares of stock or share certificates therefor or other securities or property upon the surrender of any Security Note for the purpose of conversion, ; and the Trustee, subject to the provisions of Section 9.01, Trustee and any Conversion Agent shall not be responsible or liable for any failure of the Company to comply with any of the covenants of the Company contained in this Article.

Responsibility of Trustee for Conversion Provisions. The Trustee and any Conversion Agent shall not at any time be under any duty or responsibility to any Holder to determine whether any facts exist which may require any adjustment of the conversion priceConversion Rate, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, or herein or in any supplemental indenture provided to be employed, in making the same, or whether a supplemental indenture need be entered into. Neither the The Trustee nor any Conversion Agent shall not be accountable with respect to the validity or value (or the kind or amount) of any SharesCommon Stock, or of any other securities or propertyproperty or cash, which may at any time be issued or delivered upon the conversion of any Security; and it or they do not make any representation with respect thereto. Neither the The Trustee nor any Conversion Agent shall not be responsible for any failure of the Company to make or calculate any cash payment or to issue, transfer or deliver any Shares shares of Common Stock or share certificates therefor or other securities or property or cash upon the surrender of any Security for the purpose of conversion, ; and the Trustee, subject to the provisions of Section 9.01, and any Conversion Agent Trustee shall not be responsible for any failure of the Company to comply with any of the covenants of the Company contained in this Article.

Responsibility of Trustee for Conversion Provisions. The Trustee and any Conversion Agent shall not at any time be under any duty or responsibility to any Holder of Securities to determine whether any facts exist which may require any adjustment of the conversion priceConversion Rate, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, or herein or in any supplemental indenture provided to be employed, in making the same, or whether a supplemental indenture need be entered into. Neither the Trustee nor any Conversion Agent shall be accountable with respect to the validity or value (or the kind or amount) of any SharesCommon Stock, or of any other securities or propertyproperty or cash, which may at any time be issued or delivered upon the conversion of any SecuritySecurities; and it or they do not make any representation with respect thereto. Neither the Trustee nor any Conversion Agent shall be responsible for any failure of the Company to make or calculate any cash payment or to issue, transfer or deliver any Shares shares of Common Stock or share certificates therefor or other securities or property or cash upon the surrender of any Security Note for the purpose of conversion, ; and the Trustee, subject to the provisions of Section 9.01, Trustee and any Conversion Agent shall not be responsible for any failure of the Company to comply with any of the covenants of the Company contained in this Article.

Responsibility of Trustee for Conversion Provisions. The Trustee and any Conversion Agent shall not at any time be under any duty or responsibility to any Holder of Notes to determine whether any facts exist which may require any adjustment of the conversion priceConversion Rate, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, or herein or in any supplemental indenture provided to be employed, in making the same, or whether a supplemental indenture need be entered into. Neither the Trustee nor any Conversion Agent shall be accountable with respect to the validity or value (or the kind or amount) of any SharesCommon Stock, or of any other securities or propertyproperty or cash, which may at any time be issued or delivered upon the conversion of any SecurityNotes; and it or they do not make any representation with respect thereto. Neither the Trustee nor any Conversion Agent shall be responsible for any failure of the Company to make or calculate any cash payment or to issue, transfer or deliver any Shares shares of Common Stock or share certificates therefor or other securities or property or cash upon the surrender of any Security Note for the purpose of conversion, ; and the Trustee, subject to the provisions of Section 9.01, Trustee and any Conversion Agent shall not be responsible for any failure of the Company to comply with any of the covenants of the Company contained in this ArticleArticle 13.

Responsibility of Trustee for Conversion Provisions. The Trustee and any the Conversion Agent shall not at any time be under any duty or responsibility to any Holder of Debentures to determine whether any facts exist which may require any adjustment of the conversion priceConversion Price, or with respect to the nature or extent intent of any such adjustment adjustments when made, or with respect to the method employed, or herein or in any other supplemental indenture provided to be employed, in making the same. Neither the Trustee nor any the Conversion Agent shall be accountable with respect to the validity or value (or of the kind or amount) of any SharesCommon Stock, or of any other securities or property, which may at any time be issued or delivered upon the conversion of any SecurityDebenture; and it or they do not make any representation with respect thereto. Neither the Trustee nor any the Conversion Agent shall be responsible for any failure of the Company to make any cash payment or to issue, transfer or deliver any Shares shares of stock or share certificates therefor or other securities or property upon the surrender of any Security Debenture for the purpose of conversion, ; and the Trustee, subject to Trustee and the provisions of Section 9.01, and any Conversion Agent shall not be responsible or liable for any failure of the Company to comply with any of the covenants of the Company contained in this Article.

Responsibility of Trustee for Conversion Provisions. The Neither the Trustee and nor any Conversion Agent shall not at any time be under any duty or responsibility to any Holder to determine whether any facts exist which may require any adjustment of the conversion priceConversion Price, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, or herein or in any supplemental indenture provided to be employed, in making the same. Neither the Trustee nor any Conversion Agent shall be accountable with respect to the validity or value (or the kind or amount) of any Shares, shares of Common Stock or of any other securities or property, property or cash which may at any time be issued or delivered upon the conversion of any Security▇▇▇▇ ▇▇▇▇▇▇▇▇▇; and it or they do not make neither the Trustee nor any Conversion Agent makes any representation with respect thereto. Neither the Trustee nor any Conversion Agent shall be responsible for any failure of the Company to make any cash payment or to issue, transfer or deliver any Shares shares of Common Stock or stock certificates therefor or other securities or property upon the surrender of any Security 2008 Debenture for the purpose of conversion, and the Trusteeor, subject to the provisions of Section 9.01, and any Conversion Agent shall not be responsible for any failure 601 of the Company Indenture, to comply with any of the covenants of the Company contained in this Article.Article Four. ARTICLE FIVE REPURCHASE OF 2008 DEBENTURES AT OPTION OF HOLDER UPON A CHANGE IN CONTROL

Responsibility of Trustee for Conversion Provisions. The Neither the Trustee and nor any Conversion Agent shall not at any time be under any duty or responsibility to any Holder holder to determine whether any facts exist which may require any adjustment of the conversion price, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, or herein or in any supplemental indenture provided to be employed, in making the same. Neither the Trustee nor any Conversion Agent shall be accountable with respect to the validity or value (or the kind or amount) of any Shares, shares of Common Stock or of any other securities or property, property or cash which may at any time be issued or delivered upon the conversion of any Security▇▇▇▇ ▇▇▇▇▇▇▇▇▇; and it or they do not make neither the Trustee nor any Conversion Agent makes any representation with respect thereto. Neither the Trustee nor any Conversion Agent shall be responsible for any failure of the Company to make any cash payment or to issue, transfer or deliver any Shares shares of Common Stock or stock certificates therefor or other securities or property upon the surrender of any Security 2015 Debenture for the purpose of conversion, and the Trusteeor, subject to the provisions of Section 9.01, and any Conversion Agent shall not be responsible for any failure 601 of the Company Indenture, to comply with any of the covenants of the Company contained in this ArticleArticle Fourteen.

Responsibility of Trustee for Conversion Provisions. The Trustee and any the Conversion Agent shall not at any time be under any duty or responsibility to any Holder of Notes to determine whether any facts exist which may require any adjustment of the conversion priceConversion Price, or with respect to the nature or extent intent of any such adjustment adjustments when made, or with respect to the method employed, or herein or in any other supplemental indenture provided to be employed, in making the same. Neither the Trustee nor any the Conversion Agent shall be accountable with respect to the validity or value (or of the kind or amount) of any SharesCommon Stock, or of any other securities or property, which may at any time be issued or delivered upon the conversion of any SecurityNote; and it or they do not make any representation with respect thereto. Neither the Trustee nor any the Conversion Agent shall be responsible for any failure of the Company to make any cash payment or to issue, transfer or deliver any Shares shares of stock or share certificates therefor or other securities or property upon the surrender of any Security Note for the purpose of conversion, ; and the Trustee, subject to Trustee and the provisions of Section 9.01, and any Conversion Agent shall not be responsible or liable for any failure of the Company to comply with any of the covenants of the Company contained in this Article.

Responsibility of Trustee for Conversion Provisions. The Trustee and any Conversion Agent shall not at any time be under any duty or responsibility to any Holder to determine whether any facts exist which may require any adjustment of the conversion priceConversion Rate, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, or herein or in any supplemental indenture provided to be employed, in making the same, or whether a supplemental indenture need be entered into. Neither the The Trustee nor any Conversion Agent shall not be accountable with respect to the validity or value (or the kind or amount) of any SharesCommon Stock, or of any other securities or propertyproperty or cash, which may at any time be issued or delivered upon the conversion of any Security; and it or they do not make any representation with respect thereto. Neither the The Trustee nor any Conversion Agent shall not be responsible for any failure of the Company to make or calculate any cash payment or to issue, transfer or deliver any Shares shares of Common Stock or share certificates therefor or other securities or property or cash upon the surrender of any Security for the purpose of conversion, ; and the Trustee, subject to the provisions of Section 9.01, and any Conversion Agent Trustee shall not be responsible for any failure of the Company to comply with any of the covenants of the Company contained in this Article.. 66

Responsibility of Trustee for Conversion Provisions. The Trustee and any Conversion Agent shall not at any time be under any duty or responsibility to any Holder of Securities to determine whether any facts exist which may require any adjustment of the conversion priceConversion Price, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, or herein or in any supplemental indenture provided to be employed, in making the same, or whether a supplemental indenture need be entered into. Neither the Trustee nor any Conversion Agent shall be accountable with respect to the validity or value (or the kind or amount) of any SharesCommon Stock, or of any other securities or propertyproperty or cash, which may at any time be issued or delivered upon the conversion of any Security; and it or they do not make any representation with respect thereto. Neither the Trustee nor any Conversion Agent shall be responsible for any failure of the Company to make or calculate any cash payment or to issue, transfer or deliver any Shares shares of Common Stock or share certificates therefor or other securities or property or cash upon the surrender of any Security for the purpose of conversion, ; and neither the Trustee, subject to the provisions of Section 9.01, and Trustee nor any Conversion Agent shall not be responsible for any failure of the Company to comply with any of the covenants of the Company contained in this Article.

Responsibility of Trustee for Conversion Provisions. The Trustee and any Conversion Agent shall not at any time be under any duty or responsibility to any Holder of Notes to determine whether any facts exist which may require any adjustment of the conversion priceConversion Rate, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, or herein or in any supplemental indenture provided to be employed, in making the same, or whether a supplemental indenture need be entered into. Neither the Trustee nor any Conversion Agent shall be accountable with respect to the validity or value (or the kind or amount) of any SharesCommon Stock, or of any other securities or propertyproperty or cash, which may at any time be issued or delivered upon the conversion of any SecurityNotes; and it or they do not make any representation with respect thereto. Neither the Trustee nor any Conversion Agent shall be responsible for any failure of the Company to make or calculate any cash payment or to issue, transfer or deliver any Shares shares of Common Stock or share certificates therefor or other securities or property or cash upon the surrender of any Security Note for the purpose of conversion, ; and the Trustee, subject to the provisions of Section 9.01, Trustee and any Conversion Agent shall not be responsible for any failure of the Company to comply with any of the covenants of the Company contained in this ArticleArticle 12.

Responsibility of Trustee for Conversion Provisions. The Trustee and any Conversion Agent shall not at any time be under any duty or responsibility to any Holder of Securities of any series to which this Article 9 applies to determine whether any facts exist which that may require any adjustment of the conversion priceConversion Rate, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, or employed herein or in any supplemental indenture provided to be employed, in making the same, or whether a supplemental indenture need be entered into. Neither the Trustee nor any Conversion Agent shall be accountable with respect to the validity or value (or the kind or amount) of any SharesCommon Stock, or of any other securities or propertyproperty or cash, which that may at any time be issued or delivered upon the conversion of any Security; and it or they do not make any representation with respect thereto. Neither the Trustee Trustee, subject to the provisions of Section 5.01, nor any Conversion Agent shall be responsible for any failure of the Company to make or calculate any cash payment or to issue, transfer or deliver any Shares shares of Common Stock or share certificates therefor or other securities or property or cash upon the surrender of any Security for the purpose of conversion, ; and the Trustee, subject to the provisions of Section 9.01, Trustee and any Conversion Agent shall not be responsible for any failure of the Company to comply with any of the covenants of the Company contained in this ArticleArticle 9.

Responsibility of Trustee for Conversion Provisions. The Trustee and any Conversion Agent shall not at any time be under any duty or responsibility to any Holder of Securities to determine whether any facts exist which that may require any adjustment of the conversion priceConversion Price, or with respect to the nature or extent intent of any such adjustment adjustments when made, or with respect to the method employed, or herein or in any supplemental indenture provided to be employed, in making the same. Neither the Trustee nor any Conversion Agent shall be accountable with respect to the validity or value (or of the kind or amount) of any SharesCommon Stock, or of any other securities or property, which that may at any time be issued or delivered upon the conversion of any Security; and it or they do not make any representation with respect thereto. Neither the Trustee nor any Conversion Agent shall be responsible for any failure of the Company to make any cash payment or to issue, transfer or deliver any Shares shares of stock or share certificates therefor or other securities or property upon the surrender of any Security for the purpose of conversion, ; and the Trustee, subject to the provisions of Section 9.01, Trustee and any Conversion Agent shall not be responsible or liable for any failure of the Company to comply with any of the covenants of the Company contained in this Article.