Common use of Special Provisions for Partial Calls Clause in Contracts

Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this ‎Article 16, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, in good faith, before the close of business on the 27th Scheduled Trading Day (or, if, in accordance with ‎Section 14.02(a)(iii), the Company irrevocably elects Physical Settlement for all conversions with a Conversion Date that occurs on or after the date of the related Notice of Redemption and before the related Redemption Date, the tenth calendar day) immediately before the relevant Redemption Date, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such redemption, then such Holder or owner, as applicable, shall be entitled to convert such Note or beneficial interest, as applicable, at any time before the close of business on the Business Day immediately before such Redemption Date, and each such conversion shall be deemed to be of a Note called for redemption for purposes of this ‎Article 16 and ‎Section 14.01(b)(v) and ‎Section 14.03.

Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this ‎Article 16Section 4.03, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, in good faith, before the close Close of business Business on the 27th forty-seventh (47th) Scheduled Trading Day (or, if, in accordance with ‎Section 14.02(a)(iiiSection 5.03(A)(i)(3), the Company irrevocably elects Physical Settlement for has elected to settle all conversions of Notes with a Conversion Date that occurs on or after the date of the related Notice of Redemption and before during the related Redemption DateConversion Period, the tenth (10th) calendar day) immediately before the relevant Redemption DateDate for such Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such redemptionRedemption, then such Holder or owner, as applicable, shall will be entitled to convert such Note or beneficial interest, as applicable, at any time before the close Close of business Business on the Business second (2nd) Scheduled Trading Day immediately before such Redemption DateDate (subject to extension of the Redemption Conversion Period pursuant to Section 5.01(C)(ii)(3)), and each such conversion shall will be deemed to be of a Note called for redemption Redemption for purposes of this ‎Article 16 Section 4.03 and ‎Section 14.01(b)(vSections 5.01(C)(i)(4) and ‎Section 14.035.07. The Trustee will have no obligation to make any determination in connection with the foregoing.

Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this ‎Article 16Section 4.03, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, in good faith, before the close Close of business Business on the 27th 22nd Scheduled Trading Day (or, if, in accordance with ‎Section 14.02(a)(iii)as described above, the Company irrevocably elects Physical Settlement for all conversions with a Conversion Date that occurs on or after the date of Redemption Notice Date and on or before the related Notice of Redemption and Business Day immediately before the related Redemption Date, the tenth 10th calendar day) immediately before the relevant Redemption DateDate for such Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such redemptionRedemption, then such Holder or owner, as applicable, shall will be entitled to convert such Note or beneficial interest, as applicable, at any time before the close Close of business Business on the Business Day immediately before such Redemption Date, and each such conversion shall will be deemed to be of a Note called for redemption Redemption for purposes of this ‎Article 16 and ‎Section 14.01(b)(vSection 4.03, Sections 5.01(C)(i)(4) and ‎Section 14.035.07, and the definition of “Make-Whole Fundamental Change.”

Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this ‎Article 16Section 4.03, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, in good faith, before the close Close of business Business on the 27th twenty seventh (27th) Scheduled Trading Day (or, if, in accordance with ‎Section 14.02(a)(iiiSection 5.03(A)(iii), the Company irrevocably elects Physical Settlement for has elected to settle all conversions of Notes with a Conversion Date that occurs on or after the date of the related Notice of Redemption and before during the related Redemption DateConversion Period, the tenth (10th) calendar day) immediately before the relevant Redemption DateDate for such Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such redemptionRedemption, then such Holder or owner, as applicable, shall will be entitled to convert such Note or beneficial interest, as applicable, at any time before the close Close of business Business on the Business second (2nd) Scheduled Trading Day immediately before such Redemption DateDate (subject to extension of the Redemption Conversion Period pursuant to Section 4.03(F)(v)), and each such conversion shall will be deemed to be of a Note called for redemption Redemption for purposes of this ‎Article 16 Section 4.03 and ‎Section 14.01(b)(vSections 5.01(C)(i)(4) and ‎Section 14.035.07. The Trustee will have no obligation to make any determination in connection with the foregoing.

Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this ‎Article 16Section 4.03, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, in good faith, before the close Close of business Business on the 27th [ l ]11 ([ l ]) Scheduled Trading Day (or, if, in accordance with ‎Section 14.02(a)(iii), if the Company irrevocably elects Physical Settlement for all conversions with a Conversion Date that occurs on or after the date of the related Redemption Notice of Redemption Date and before the related Related Redemption Date, the tenth (10th) calendar day) immediately before the relevant Redemption DateDate for such Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such redemptionRedemption, then such Holder or owner, as applicable, shall will be entitled to convert such Note or beneficial interest, as applicable, at any time before the close Close of business Business on the Business Day immediately before such Redemption Date, and each such conversion shall will be deemed to be of a Note called for redemption Redemption for purposes of this ‎Article 16 Section 4.03 and ‎Section 14.01(b)(vSections 5.01(C)(iii) and ‎Section 14.035.07. The Trustee shall have no obligation to make any determination in connection with the foregoing. 11 NTD: Observation period plus two.