Common use of Subsequent Issuance Clause in Contracts

Subsequent Issuance. (a) Upon the issuance by the Company of Additional Securities, if the Company determines that such Additional Securities should be assigned a different CUSIP number than the Original Securities, immediately following such issuance, a portion of each holder's Original Securities and/or Additional Securities, as applicable, will automatically, without any action by such holder, be exchanged (the "Automatic Exchange") for a portion of each other holder's Securities, such that immediately after the Automatic Exchange, each holder will hold Original Securities and Additional Securities in the same proportion as the ratio of the then outstanding aggregate principal amount of Original Securities to the then outstanding aggregate principal amount of Additional Securities. The aggregate principal amount of Securities owned by each holder will not change as a result of the Automatic Exchange. Immediately following the Automatic Exchange, the Company and the Trustee will instruct the Depositary to facilitate the combination of the Original Securities and Additional Securities into indivisible units ("Unit Securities") and thereafter the term Original Securities shall be deemed, for the purposes of this Section 4.14, to include the Unit Securities. (b) At least ten (10) business days prior to the closing of a subsequent issuance that is likely to result in an Automatic Exchange, the Company shall notify the Trustee, in writing of its intention to consummate such subsequent issuance and shall instruct the Trustee and DTC to take any action necessary to effect the Automatic Exchange. Such notice may be revoked at any time prior to the date fixed for the Automatic Exchange.

Subsequent Issuance. (a) Upon the issuance by the Company of Additional SecuritiesNotes, if the Company determines that such Additional Securities Notes should be assigned a different CUSIP number than the Original SecuritiesInitial Notes, immediately following such issuance, a portion of each holder's Original Securities Initial Notes and/or Additional SecuritiesNotes, as applicable, will automatically, without any action by such holder, be exchanged (the "Automatic Exchange") for a portion of each other holder's SecuritiesNotes, such that immediately after the Automatic Exchange, each holder will hold Original Securities Initial Notes and Additional Securities Notes in the same proportion as the ratio of the then outstanding aggregate principal amount of Original Securities Initial Notes to the then outstanding aggregate principal amount of Additional SecuritiesNotes. The aggregate principal amount of Securities Notes owned by each holder will not change as a result of the Automatic Exchange. Immediately following the Automatic Exchange, the Company and the Trustee will instruct the Depositary to facilitate the combination of the Original Securities Initial Notes and Additional Securities Notes into indivisible units ("Unit Securities") and thereafter the term Original Securities Initial Notes shall be deemed, for the purposes of this Section 4.144.21, to include the Unit Securities. (b) At least ten (10) business days prior to the closing of a subsequent issuance that is likely to result in an Automatic Exchange, the Company shall notify the Trustee, in writing of its intention to consummate such subsequent issuance and shall instruct the Trustee and DTC to take any action necessary to effect the Automatic Exchange. Such notice may be revoked at any time prior to the date fixed for the Automatic Exchange.