Common use of Restrictions on Adjustments Clause in Contracts

Restrictions on Adjustments. Except as a result of a reverse share split, share combination subject to Section 10.05(a), and except for readjustments pursuant to the last paragraph of Section 10.05(a), readjustments pursuant to the penultimate paragraph of Section 10.05(b), readjustments pursuant to the last paragraph of Section 10.05(c)(i), readjustments pursuant to the penultimate paragraph of Section 10.05(c)(ii) and readjustments pursuant to the last paragraph of Section 10.05(d), in no event will the Conversion Rate be adjusted downward pursuant to Sections 10.05(a), (b), (c), (d) or (e) hereof. In addition, notwithstanding anything to the contrary elsewhere in this Indenture, the Conversion Rate will not be adjusted: (i) upon the issuance of any shares of Common Stock pursuant to any present or future plan providing for the reinvestment of dividends or interest payable on the Company’s securities and the investment of additional optional amounts in shares of Common Stock under any plan; (ii) upon the issuance of any shares of Common Stock or options or rights to purchase those shares pursuant to any present or future employee, director or consultant benefit plan or program of, or assumed by, the Company or any of its Subsidiaries; (iii) upon the issuance of any shares of Common Stock pursuant to any option, warrant, right or exercisable, exchangeable or convertible security not described in the preceding clause and outstanding as of the date of the Issue Date; (iv) for a change in the par value of the Common Stock; or (v) for accrued and unpaid interest.

Restrictions on Adjustments. Except as a result of a reverse share split, split or a share combination subject to Section 10.05(a8.05(a), and except for readjustments pursuant to the last paragraph of Section 10.05(a8.05(a), readjustments pursuant to the penultimate paragraph of Section 10.05(b8.05(b), readjustments pursuant to the last paragraph of Section 10.05(c)(i8.05(c)(i), readjustments pursuant to the penultimate paragraph of Section 10.05(c)(ii8.05(c)(ii) and readjustments pursuant to the last paragraph of Section 10.05(d8.05(d), in no event will the Conversion Rate be adjusted downward pursuant to Sections 10.05(aSection 8.05(a), (b), (c), (d) or (e) hereof). In addition, notwithstanding anything to the contrary elsewhere in this IndentureNote, the Conversion Rate will not be adjusted: (i) upon the issuance of any shares of Common Stock pursuant to any present or future plan providing for the reinvestment of dividends or interest payable on the Company’s securities and the investment of additional optional amounts in shares of Common Stock under any plan; (ii) upon the issuance of any shares of Common Stock or options or rights to purchase those shares pursuant to any present or future employee, director or consultant benefit plan or program of, or assumed by, the Company or any of its Subsidiaries; (iii) upon the issuance of any shares of Common Stock pursuant to any option, warrant, right or exercisable, exchangeable or convertible security not described in the preceding clause and outstanding as of the date of the Issue Date; (iv) upon the repurchase of any shares of Common Stock pursuant to an open-market share repurchase program or other buy-back transaction that is not a tender offer or exchange offer subject to Section 10.05(e); (v) for a change in the par value of the Common Stock; or (vvi) for accrued and unpaid interest.

Restrictions on Adjustments. Except as a result of a reverse share split, split or a share combination subject to Section 10.05(a8.05(a), and except for readjustments pursuant to the last paragraph of Section 10.05(a8.05(a), readjustments pursuant to the penultimate paragraph of Section 10.05(b8.05(b), readjustments pursuant to the last paragraph of Section 10.05(c)(i8.05(c)(i), readjustments pursuant to the penultimate paragraph of Section 10.05(c)(ii8.05(c)(ii) and readjustments pursuant to the last paragraph of Section 10.05(d8.05(d), in no event will the Conversion Rate be adjusted downward pursuant to Sections 10.05(a8.05(a), (b), (c), (d) or (e) hereof. In addition, notwithstanding anything to the contrary elsewhere in this IndentureNote, the Conversion Rate will not be adjusted: (i) upon the issuance of any shares of Common Stock pursuant to any present or future plan providing for the reinvestment of dividends or interest payable on the Company’s securities and the investment of additional optional amounts in shares of Common Stock under any plan; (ii) upon the issuance of any shares of Common Stock or options or rights to purchase those shares pursuant to any present or future employee, director or consultant benefit plan or program of, or assumed by, the Company or any of its Subsidiaries; (iii) upon the issuance of any shares of Common Stock pursuant to any option, warrant, right or exercisable, exchangeable or convertible security not described in the preceding clause and outstanding as of the date of the Issue Date; (iv) upon the repurchase of any shares of Common Stock pursuant to an open-market share repurchase program or other buy-back transaction that is not a tender offer or exchange offer subject to Section 10.05(e); (v) for a change in the par value of the Common Stock; or (vvi) for accrued and unpaid interest.

Restrictions on Adjustments. (a) Except as a result of a reverse share split, share combination subject to Section 10.05(a7.04(a), and except for readjustments pursuant to the last paragraph of Section 10.05(a7.04(a), readjustments pursuant to the penultimate paragraph of Section 10.05(b7.04(b), readjustments pursuant to both the last third paragraph of Section 10.05(c)(i), readjustments pursuant to the and penultimate paragraph of Section 10.05(c)(ii7.04(c) and readjustments pursuant to the last paragraph of Section 10.05(d), 7.04(d) in no event will the Conversion Rate be adjusted downward pursuant to Sections 10.05(aSection 7.04(a), (b), (c), (de) or (e) hereof). In addition, notwithstanding anything to the contrary elsewhere in this Indenture, the Conversion Rate will not be adjusted: (i1) upon the issuance of any shares of Common Stock pursuant to any present or future plan of the Company providing for the reinvestment of dividends or interest payable on the Company’s securities and the investment of additional optional amounts in shares of Common Stock under any plan; (ii2) upon the issuance of any shares of Common Stock or options options, warrants or rights to purchase those shares of Common Stock pursuant to any present or future employee, director or consultant benefit plan or program of, or assumed by, the Company or any of its Subsidiaries; (iii3) upon the issuance of any shares of Common Stock pursuant to any option, warrant, warrant or right or exercisable, exchangeable or convertible security not described in the preceding clause and outstanding as of the date of the Issue Date; (iv) for a change in the par value of the Common Stock; or (v) for accrued and unpaid interest.clause

Restrictions on Adjustments. (a) Except as a result of a reverse share split, share combination subject to Section 10.05(a9.04(a), and except for readjustments pursuant to the last paragraph of of‌ Section 10.05(a9.04(a), readjustments pursuant to the penultimate paragraph of Section 10.05(b9.04(b), readjustments pursuant to both the last third paragraph of Section 10.05(c)(i), readjustments pursuant to the and penultimate paragraph of Section 10.05(c)(ii9.04(c) and readjustments pursuant to the last paragraph of Section 10.05(d9.04(d), in no event will the Conversion Rate be adjusted downward pursuant to Sections 10.05(aSection 9.04(a), (b), (c), (d) or (e) hereof). In addition, notwithstanding anything to the contrary elsewhere in this Indenture, the Conversion Rate will not be adjusted: (i1) upon the issuance of any shares of Common Stock pursuant to any present or future plan of the Company providing for the reinvestment of dividends or interest payable on the Company’s securities and the investment of additional optional amounts in shares of Common Stock under any plan; (ii2) upon the issuance of any shares of Common Stock or options or rights to purchase those shares of Common Stock pursuant to any present or future employee, director or consultant benefit plan or program of, or assumed by, the Company or any of its Subsidiaries; (iii3) upon the issuance of any shares of Common Stock pursuant to any option, warrant, warrant or right or exercisable, exchangeable or convertible security not described in the preceding clause (2) above and outstanding as of the date of the Issue DateNotes were first issued; (iv4) for a change in the par value of the Common Stock; or (v5) for accrued and unpaid interest. (b) To the extent that the Notes become convertible into the right to receive only cash in accordance with the provision of Section 9.07, no adjustment need be made thereafter as to the amount of cash to be received.

Restrictions on Adjustments. (a) Except as a result of a reverse share split, share combination subject to Section 10.05(a7.04(a), and except for readjustments pursuant to the last paragraph of Section 10.05(a7.04(a), readjustments pursuant to the penultimate paragraph of Section 10.05(b7.04(b), readjustments pursuant to both the last third paragraph of Section 10.05(c)(i), readjustments pursuant to the and penultimate paragraph of Section 10.05(c)(ii7.04(c) and readjustments pursuant to the last paragraph of Section 10.05(d), 7.04(d) in no event will the Conversion Rate be adjusted downward pursuant to Sections 10.05(aSection 7.04(a), (b), (c), (de) or (e) hereof). In addition, notwithstanding anything to the contrary elsewhere in this Indenture, the Conversion Rate will not be adjusted: (i1) upon the issuance of any shares of Common Stock pursuant to any present or future plan of the Company providing for the reinvestment of dividends or interest payable on the Company’s 's securities and the investment of additional optional amounts in shares of Common Stock under any plan; (ii2) upon the issuance of any shares of Common Stock or options options, warrants or rights to purchase those shares of Common Stock pursuant to any present or future employee, director or consultant benefit plan or program of, or assumed by, the Company or any of its Subsidiaries; (iii3) upon the issuance of any shares of Common Stock pursuant to any option, warrant, warrant or right or exercisable, exchangeable or convertible security not described in the preceding clause (2) above and outstanding as of the date of the Issue DateNotes were first issued; (iv4) for a change in the par value of the Common Stock; or (v5) for accrued and unpaid interest. (b) To the extent that the Notes become convertible into the right to receive only cash in accordance with the provision of Section 7.07, no adjustment need be made thereafter as to the amount of cash to be received.

Restrictions on Adjustments. (a) Except as a result of a reverse share split, share combination subject to Section 10.05(a9.04(a), and except for readjustments pursuant to the last paragraph of Section 10.05(a9.04(a), readjustments pursuant to the penultimate paragraph of Section 10.05(b9.04(b), readjustments pursuant to both the last third paragraph of Section 10.05(c)(i), readjustments pursuant to the and penultimate paragraph of Section 10.05(c)(ii9.04(c) and readjustments pursuant to the last paragraph of Section 10.05(d9.04(d), in no event will the Conversion Rate be adjusted downward pursuant to Sections 10.05(aSection 9.04(a), (b), (c), (d) or (e) hereof). In addition, notwithstanding anything to the contrary elsewhere in this Indenture, the Conversion Rate will not be adjusted: (i1) upon the issuance of any shares of Common Stock pursuant to any present or future plan of the Company providing for the reinvestment of dividends or interest payable on the Company’s 's securities and the investment of additional optional amounts in shares of Common Stock under any plan; (ii2) upon the issuance of any shares of Common Stock or options options, warrants or rights to purchase those shares of Common Stock pursuant to any present or future employee, director or consultant benefit plan or program of, or assumed by, the Company or any of its Subsidiaries; (iii3) upon the issuance of any shares of Common Stock pursuant to any option, warrant, warrant or right or exercisable, exchangeable or convertible security not described in the preceding clause (2) above and outstanding as of the date of the Issue DateNotes were first issued; (iv4) for a change in the par value of the Common Stock; or (v5) for accrued and unpaid interest. (b) To the extent that the Notes become convertible into the right to receive only cash in accordance with the provision of Section 9.07, no adjustment need be made thereafter as to the amount of cash to be received.