Increased Conversion Rate Applicable to Certain Notes Surrendered in Connection with Make-Whole Fundamental Changes Clause Samples

Increased Conversion Rate Applicable to Certain Notes Surrendered in Connection with Make-Whole Fundamental Changes. (a) Notwithstanding anything herein to the contrary, the Conversion Rate applicable to each Note that is surrendered for conversion, in accordance with this Article 12, at any time from, and including, the effective date (the “Effective Date”) of a Make-Whole Fundamental Change until, and including, the close of business on the second Business Day immediately preceding the related Fundamental Change Repurchase Date corresponding to such Make-Whole Fundamental Change, or the fortieth Trading Day immediately following the Effective Date of such Make-Whole Fundamental Change (in the case of a Make-Whole Fundamental Change that does not constitute a Fundamental Change by virtue of the parenthetical in the definition of Make-Whole Fundamental Change) (such period, the “Make-Whole Fundamental Change Period”), shall be increased to an amount equal to the Conversion Rate that would, but for this Section 12.03, otherwise apply to such Note pursuant to this Article 12, plus an amount equal to the Make-Whole Conversion Rate Adjustment.

Increased Conversion Rate Applicable to Certain Notes Surrendered in Connection with Make-Whole Fundamental Changes. Article 22 If a Make-Whole Fundamental Change occurs or becomes effective prior to the Maturity Date and a Holder elects to convert its Notes in connection with such Make-Whole Fundamental Change, the Company shall, under the circumstances described below, increase the Conversion Rate for the Notes so surrendered for conversion by a number of additional shares of Common Stock (the “Additional Shares”), as described below. A conversion of Notes shall be deemed for these purposes to be “in connection with” such Make-Whole Fundamental Change if the relevant Notice of Conversion is received by the Conversion Agent from, and including, the Effective Date of the Make-Whole Fundamental Change up to, and including, the Business Day immediately prior to the related Fundamental Change Repurchase Date (or, in the case of a Make-Whole Fundamental Change that would have been a Fundamental Change but for the proviso in clause (b) of the definition thereof, the 35th Trading Day immediately following the Effective Date of such Make-Whole Fundamental Change) (such period, the “Make-Whole Fundamental Change Period”).

Increased Conversion Rate Applicable to Certain Notes Surrendered in Connection with Make-Whole Fundamental Changes. (a) Notwithstanding anything herein to the contrary, the Conversion Rate applicable to each Note that is surrendered for conversion, in accordance with this Article 15, at any time from, and including, the effective date of a Make-Whole Fundamental Change until, and including, the close of business on the Business Day immediately prior to the related Fundamental Change Repurchase Date corresponding to such Make-Whole Fundamental Change, shall be increased to an amount equal to the Conversion Rate that would, but for this Section 15.03, otherwise apply to such Note pursuant to this Article 15, plus an amount equal to the Make-Whole Conversion Rate Adjustment.

Increased Conversion Rate Applicable to Certain Notes Surrendered in Connection with Make-Whole Fundamental Changes. (A) Notwithstanding anything herein to the contrary, the Conversion Rate applicable to each Security that is surrendered for conversion, in accordance with this Article XI, at any time during the period (the “Make-Whole Conversion Period”) that begins on, and includes, the actual effective date of a Make-Whole Fundamental Change and ends on, and includes, the date that is forty (40) Business Days after the actual effective date of such Make-Whole Fundamental Change (or, if such Make-Whole Fundamental Change also constitutes a Fundamental Change, the Fundamental Change Repurchase Date applicable to such Fundamental Change) shall be increased to an amount equal to the Conversion Rate that would, but for this Section 11.14, otherwise apply to such Security pursuant to this Article XI, plus an amount equal to the Make-Whole Applicable Increase. The additional consideration payable hereunder on account of any Make-Whole Applicable Increase with respect to a Security surrendered for conversion is herein referred to as the "Make-Whole Consideration.” For avoidance of doubt, the amount of the Make-Whole Consideration due upon the conversion of a Security shall be based on the Cash Settlement Averaging Period and Volume-Weighted Average Prices applicable to such conversion pursuant to Section 11.02. (B) As used herein, “Make-Whole Applicable Increase” shall mean, with respect to a Make-Whole Fundamental Change, the amount, set forth in the following table, which corresponds to the effective date of such Make-Whole Fundamental Change (the “Effective Date”) and the Applicable Price of such Make-Whole Fundamental Change: $ 41.25 5.9462 5.9462 5.9462 5.9462 5.9462 5.9462 5.9462 5.9462 $ 45.00 5.6002 5.4693 5.2927 5.1518 4.9968 4.7777 4.3957 3.9260 $ 50.00 4.7087 4.5562 4.3565 4.1724 3.9527 3.6370 3.0873 1.7038 $ 55.00 4.0162 3.8523 3.6415 3.4332 3.1770 2.8095 2.1793 0.0000 $ 60.00 3.4669 3.2982 3.0841 2.8641 2.5903 2.2006 1.5485 0.0000 $ 65.00 3.0236 2.8545 2.6420 2.4186 2.1394 1.7466 1.1097 0.0000 $ 70.00 2.6605 2.4937 2.2861 2.0645 1.7879 1.4041 0.8037 0.0000 $ 75.00 2.3591 2.1965 1.9956 1.7793 1.5104 1.1429 0.5897 0.0000 $ 80.00 2.1061 1.9488 1.7558 1.5469 1.2886 0.9414 0.4394 0.0000 $ 85.00 1.8916 1.7401 1.5556 1.3554 1.1095 0.7845 0.3332 0.0000 $ 90.00 1.7080 1.5628 1.3870 1.1961 0.9634 0.6611 0.2577 0.0000 $ 95.00 1.5496 1.4107 1.2437 1.0624 0.8431 0.5631 0.2036 0.0000 $ 100.00 1.4120 1.2794 1.1209 0.9492 0.7432 0.4845 0.1644 0.0000 $ 110.00 1.1855 1.0652 0.9229 ...

Increased Conversion Rate Applicable to Certain Notes Surrendered in Connection with Make-Whole Fundamental Changes. (a) Notwithstanding anything herein to the contrary, the Conversion Rate applicable to each Note that is surrendered for conversion, in accordance with this Article 15, at any time from, and including, the effective date of a Make-Whole Fundamental Change until, and including, the close of business on the Business Day immediately prior to the related Fundamental Change Purchase Date (or, in the case of a Make-Whole Fundamental Change that would have been a Fundamental Change but for the proviso in clause (b) of the definition thereof, the 30th Trading Day immediately following the effective date of such Make-Whole Fundamental Change) corresponding to such Make-Whole Fundamental Change, shall be increased by a number of additional Common Shares (the “Additional Shares”) as set forth in the table below by reference to the effective date of such Make-Whole Fundamental Change (the “Effective Date”) and the Share Price for such Make-Whole Fundamental Change: June 5, 2009 6.2522 4.7013 2.9552 1.9655 1.3664 0.9840 0.7289 0.5521 0.4256 0.3326 0.2624 0.2085 0.1663 0.1327 August 1, 2010 6.2522 4.6757 2.8256 1.8084 1.2134 0.8468 0.6106 0.4522 0.3421 0.2630 0.2047 0.1606 0.1266 0.0999 August 1, 2011 6.2522 4.4906 2.5569 1.5414 0.9784 0.6507 0.4509 0.3237 0.2391 0.1807 0.1387 0.1077 0.0840 0.0655 August 1, 2012 6.2522 4.0596 2.0782 1.1206 0.6412 0.3912 0.2546 0.1757 0.1273 0.0956 0.0736 0.0574 0.0449 0.0350 August 1, 2013 6.2522 3.2419 1.2744 0.5038 0.2140 0.1055 0.0628 0.0439 0.0336 0.0269 0.0218 0.0177 0.0141 0.0110 August 1, 2014 6.2522 1.3815 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 provided, however, that: (i) if the actual Share Price of such Make-Whole Fundamental Change is between two Share Prices listed in the table above under the column titled “Share Price,” or if the actual Effective Date of such Make-Whole Fundamental Change is between two Effective Dates listed in the table above in the row immediately below the title “Effective Date,” then the number of Additional Shares shall be determined by linear interpolation between the number of Additional Shares set forth for such higher and lower Share Prices, or for such earlier and later Effective Dates based on a 365 day year, as applicable; (ii) if the actual Share Price of such Make-Whole Fundamental Change is greater than $165.00 per share (subject to adjustment in the same manner as the Share Price as provided in clause (iii) below), or if the actual Share Price ...

Increased Conversion Rate Applicable to Certain Notes Surrendered in Connection with Make-Whole Fundamental Changes. (a) Notwithstanding anything herein to the contrary, if the Effective Date of a Make-Whole Fundamental Change occurs on or prior to August 15, 2013, the Conversion Rate applicable to each Note that is surrendered for conversion, in accordance with this Article 15, at any time from, and including, the Effective Date of the Make-Whole Fundamental Change until, and including, the close of business on (1) the Business Day immediately prior to the related Fundamental Change Repurchase Date corresponding to such Make-Whole Fundamental Change or (2), if the Make-Whole Fundamental Change does not also constitute a Fundamental Change, the thirtieth Business Day immediately after the Effective Date of the Make-Whole Fundamental Change, shall be increased to an amount equal to the Conversion Rate that would, but for this Section 15.03, otherwise apply to such Note pursuant to this Article 15, plus an amount equal to the Make-Whole Conversion Rate Adjustment.

Increased Conversion Rate Applicable to Certain Notes Surrendered in Connection with Make-Whole Fundamental Changes. (a) If a Make-Whole Fundamental Change occurs prior to the Maturity Date and a Holder elects to convert its Notes in connection with such Make-Whole Fundamental Change, the Company shall, under the circumstances described below, increase the Conversion Rate for the Notes so surrendered for conversion as described below. A conversion of Notes shall be deemed for these purposes to be “in connection with” such Make-Whole Fundamental Change if the relevant Notice of Conversion is received by the Conversion Agent from, and including, the Effective Date of the Make-Whole Fundamental Change up to, and including, the second Business Day immediately prior to the related Fundamental Change Repurchase Date (or, in the case of a Make-Whole Fundamental Change that would have been a Fundamental Change but for the proviso in clause (b) of the definition thereof, the 35th Trading Day immediately following the Effective Date of such Make-Whole Fundamental Change). The Company shall provide written notification to Holders and the Trustee of the Effective Date of any Make-Whole Fundamental Change and issue a press release announcing such Effective Date no later than five Business Days after such Effective Date. (b) Upon surrender of Notes for conversion in connection with a Make-Whole Fundamental Change, the Company shall cause to be delivered ADSs in accordance with Section 14.02. (c) The Conversion Rate shall be adjusted by reference to the formula below, based on the date on which the Make-Whole Fundamental Change occurs or becomes effective (the “Effective Date”) as follows: where, CR0 = the adjusted Conversion Rate; CR1 = the Conversion Rate in effect immediately prior to the Effective Date; Pr = the initial conversion premium of 30%;

Increased Conversion Rate Applicable to Certain Notes Surrendered in Connection with Make-Whole Fundamental Changes. Subject to the prior approval of the TSX-V (or such other principal Canadian or U.S. stock exchange on which the shares of Common Stock may be listed), if required, if the Effective Date of a Make-Whole Fundamental Change occurs prior to the Maturity Date and a Holder elects to convert its Notes in connection with such Make-Whole Fundamental Change, the Company shall, under the circumstances described below, increase the Conversion Rate for the Notes so surrendered for conversion by a number of additional shares of Common Stock (the “Additional Shares”), as described below. A conversion of Notes shall be deemed for these purposes to be “in connection with” such Make-Whole Fundamental Change if the relevant Notice of Conversion is received by the Conversion Agent from, and including, the Effective Date of the Make-Whole Fundamental Change up to, and including, the Business Day immediately prior to the related repurchase date (or, in the case of a Make-Whole Fundamental Change that would have been an Event of Default under clause (o) of the definition thereof but for proviso (i), the 25th Trading Day immediately following the Effective Date of such Make-Whole Fundamental Change) (such period, the “Make-Whole Fundamental Change Period”).

Increased Conversion Rate Applicable to Certain Notes Surrendered in Connection with Make-Whole Fundamental Changes. (e) of the Original Indenture is hereby amended and restated in its entirety to read as follows: