Common use of Adjustment for Certain Tender Offers or Exchange Offers Clause in Contracts

Adjustment for Certain Tender Offers or Exchange Offers. In case the Company or any of its Subsidiaries shall, at any time or from time to time, while any of the Notes are outstanding, distribute Cash or other consideration in respect of a tender offer or an exchange offer (that is treated as a “tender offer” under U.S. federal securities laws) made by the Company or any Subsidiary for all or any portion of the Common Stock, where the sum of the aggregate amount of such Cash distributed and the aggregate fair market value (as determined in good faith by the Board of Directors, whose determination shall be conclusive and set forth in a Board Resolution), as of the Expiration Date (as defined below), of such other consideration distributed (such sum, the “Aggregate Amount”) expressed as an amount per share of Common Stock validly tendered or exchanged, and not withdrawn, pursuant to such tender offer or exchange offer as of the Expiration Time (as defined below) (such tendered or exchanged shares of Common Stock, the “Purchased Shares”) exceeds the Closing Price per share of the Common Stock on the first Trading Day immediately following the last date (such last date, the “Expiration Date”) on which tenders or exchanges could have been made pursuant to such tender offer or exchange offer (as the same may be amended through the Expiration Date), then, and in each case, immediately after the close of business on such date, the Conversion Rate shall be increased so that the same shall equal the rate determined by multiplying the Conversion Rate in effect immediately prior to the close of business on the Trading Day immediately following the Expiration Date by a fraction:

Adjustment for Certain Tender Offers or Exchange Offers. In case the Company Corporation or any of its Subsidiaries shall, at any time or from time to time, while any of the Notes Convertible Preference Shares are outstanding, distribute Cash cash or other consideration in respect of a tender offer or an exchange offer (that is treated as a “tender offer” under U.S. federal securities laws) made by the Company Corporation or any Subsidiary for all or any portion of the Common StockClass A Shares, where the sum of the aggregate amount of such Cash cash distributed and the aggregate fair market value (as determined in good faith by the Board of Directors, whose determination shall be conclusive and set forth in a Board Resolution)Fair Market Value, as of the Expiration Date (as defined below), of such other consideration distributed (such sum, the “Aggregate Amount”) expressed as an amount per share of Common Stock Class A Share validly tendered or exchanged, and not withdrawn, pursuant to such tender offer or exchange offer as of the Expiration Time (as defined below) (such tendered or exchanged shares of Common StockClass A Shares, the “Purchased Shares”) exceeds the Closing Price per share of the Common Stock Class A Shares on the first Trading Day immediately following the last date (such last date, the “Expiration Date”) on which tenders or exchanges could have been made pursuant to such tender offer or exchange offer (as the same may be amended through the Expiration Date), then, and in each case, immediately after the close of business on such date, the Conversion Rate Amount shall be increased decreased so that the same shall equal the rate determined by multiplying the Conversion Rate Amount in effect immediately prior to the close of business on the Trading Day immediately following the Expiration Date by a fraction:

Adjustment for Certain Tender Offers or Exchange Offers. In case the Company Corporation or any of its Subsidiaries shall, at any time or from time to time, while any of the Notes Convertible Preference Shares are outstanding, distribute Cash cash or other consideration in respect of a tender offer or an exchange offer (that is treated as a “tender offer” under U.S. federal securities laws) made by the Company Corporation or any Subsidiary for all or any portion of the Common StockClass A Shares, where the sum of the aggregate amount of such Cash cash distributed and the aggregate fair market value (as determined in good faith by the Board of Directors, whose determination shall be conclusive and set forth in a Board Resolution)Fair Market Value, as of the Expiration Date (as defined below), of such other consideration distributed (such sum, the “Aggregate Amount”) expressed as an amount per share of Common Stock Class A Share validly tendered or exchanged, and not withdrawn, pursuant to such tender offer or exchange offer as of the Expiration Time (as defined below) (such tendered or exchanged shares of Common StockClass A Shares, the “Purchased Shares”) exceeds the Closing Price per share of the Common Stock Class A Shares on the first Trading Day immediately following the last date (such last date, the “Expiration Date”) on which tenders or exchanges could have been made pursuant to such tender offer or exchange offer (as the same may be amended through the Expiration Date), then, and in each case, immediately after the close of business on such date, the Conversion Rate Price shall be increased decreased so that the same shall equal the rate determined by multiplying the Conversion Rate Price in effect immediately prior to the close of business on the Trading Day immediately following the Expiration Date by a fraction:

Adjustment for Certain Tender Offers or Exchange Offers. In case the Company or any of its Subsidiaries shall, at any time or from time to time, while any of the Notes are outstanding, distribute Cash or other consideration in respect of a tender offer or an exchange offer (that is treated as a “"tender offer” " under U.S. federal securities laws) made by the Company or any Subsidiary for all or any portion of the Common Stock, where the sum of the aggregate amount of such Cash distributed and the aggregate fair market value (as determined in good faith by the Board of Directors, whose determination shall be conclusive and set forth in a Board Resolution), as of the Expiration Date (as defined below), of such other consideration distributed (such sum, the “"Aggregate Amount”") expressed as an amount per share of Common Stock validly tendered or exchanged, and not withdrawn, pursuant to such tender offer or exchange offer as of the Expiration Time (as defined below) (such tendered or exchanged shares of Common Stock, the “"Purchased Shares”") exceeds the Closing Price per share of the Common Stock on the first Trading Day immediately following the last date (such last date, the “"Expiration Date”") on which tenders or exchanges could have been made pursuant to such tender offer or exchange offer (as the same may be amended through the Expiration Date), then, and in each case, immediately after the close of business on such date, the Conversion Rate shall be increased so that the same shall equal the rate determined by multiplying the Conversion Rate in effect immediately prior to the close of business on the Trading Day immediately following the Expiration Date by a fraction:

Adjustment for Certain Tender Offers or Exchange Offers. In case the Company Corporation or any of its Subsidiaries shall, at any time or from time to time, while any of the Notes Series 8 Convertible Preferred Shares are outstanding, distribute Cash cash or other consideration in respect of a tender offer or an exchange offer (that is treated as a “tender offer” under U.S. federal securities laws) made by the Company Corporation or any Subsidiary for all or any portion of the Common StockClass A Shares, where the sum of the aggregate amount of such Cash cash distributed and the aggregate fair market value (as determined in good faith by the Board of Directors, whose determination shall be conclusive and set forth in a Board Resolution)Fair Market Value, as of the Expiration Date (as defined below), of such other consideration distributed (such sum, the “Aggregate Amount”) expressed as an amount per share of Common Stock Class A Share validly tendered or exchanged, and not withdrawn, pursuant to such tender offer or exchange offer as of the Expiration Time (as defined below) (such tendered or exchanged shares of Common StockClass A Shares, the “Purchased Shares”) exceeds the Closing Price per share of the Common Stock Class A Shares on the first Trading Day immediately following the last date (such last date, the “Expiration Date”) on which tenders or exchanges could have been made pursuant to such tender offer or exchange offer (as the same may be amended through the Expiration Date), then, and in each case, immediately after the close of business on such date, the Conversion Rate Price shall be increased decreased so that the same shall equal the rate determined by multiplying the Conversion Rate Price in effect immediately prior to the close of business on the Trading Day immediately following the Expiration Date by a fraction:

Adjustment for Certain Tender Offers or Exchange Offers. In case the Company Corporation or any of its Subsidiaries shall, at any time or from time to time, while any of the Notes are Series A Preferred Stock is outstanding, distribute Cash cash or other consideration in respect of a tender offer or an exchange offer (that is treated as a “tender offer” under U.S. federal securities laws) made by the Company Corporation or any Subsidiary subsidiary for all or any portion of the Common Stock, where the sum of the aggregate amount of such Cash cash distributed and the aggregate fair market value (as determined in good faith by the Board of Directors, whose determination shall be conclusive and set forth in a Board Resolution), Fair Market Value as of the Expiration Date (as defined below), of such other consideration distributed (such sum, the “Aggregate Amount”) expressed as an amount per share of Common Stock validly tendered or exchanged, and not withdrawn, pursuant to such tender offer or exchange offer as of the Expiration Time (as defined below) (such tendered or exchanged shares of Common Stock, the “Purchased Shares”) exceeds the Closing Price per share of the Common Stock on the first Trading Day immediately following the last date (such last date, the “Expiration Date”) on which tenders or exchanges could have been made pursuant to such tender offer or exchange offer (as the same may be amended through the Expiration Date), then, and in each case, immediately after the close of business on such date, the Conversion Rate Price shall be increased decreased so that the same shall equal the rate determined by multiplying the Conversion Rate Price in effect immediately prior to the close of business on the Trading Day immediately following the Expiration Date by a fraction:: (1) the numerator of which shall be equal to the product of (x) the number of shares of Common Stock outstanding as of the Expiration Time (including all Purchased Shares) and (y) the closing price per share of the Common Stock on the first Trading Day immediately following the Expiration Date; and (2) the denominator of which is equal to the sum of (x) the Aggregate Amount and (y) the product of (I) an amount equal to the number of shares of Common Stock outstanding as of the last time (the “Expiration Time”) at which tenders or exchanges could have been made pursuant to such tender offer or exchange offer less the Purchased Shares and (II) the Closing Price per share of the Common Stock on the first Trading Day immediately following the Expiration Date. An adjustment, if any, to the Conversion Price pursuant to this Section 9.2(iv) shall become effective immediately prior to the opening of business on the second Trading Day immediately following the Expiration Date. In the event that the Corporation or a subsidiary is obligated to purchase shares of Common Stock pursuant to any such tender offer or exchange offer, but the Corporation or such subsidiary is permanently prevented by applicable law from effecting any such purchases, or all such purchases are rescinded, then the Conversion Price shall again be adjusted to be the Conversion Price which would then be in effect if such tender offer or exchange offer had not been made.

Adjustment for Certain Tender Offers or Exchange Offers. In case the Company Corporation or any of its Subsidiaries shall, at any time or from time to time, while any of the Notes Series 6 Preferred Shares are outstanding, distribute Cash cash or other consideration in respect of a tender offer or an exchange offer (that is treated as a “tender offer” under U.S. federal securities laws) made by the Company Corporation or any Subsidiary for all or any portion of the Common StockClass A Shares, where the sum of the aggregate amount of such Cash cash distributed and the aggregate fair market value (as determined in good faith by the Board of Directors, whose determination shall be conclusive and set forth in a Board Resolution)Fair Market Value, as of the Expiration Date (as defined below), of such other consideration distributed (such sum, the “Aggregate Amount”) expressed as an amount per share of Common Stock Class A Share validly tendered or exchanged, and not withdrawn, pursuant to such tender offer or exchange offer as of the Expiration Time (as defined below) (such tendered or exchanged shares of Common StockClass A Shares, the “Purchased Shares”) exceeds the Closing Price per share of the Common Stock Class A Shares on the first Trading Day immediately following the last date (such last date, the “Expiration Date”) on which tenders or exchanges could have been made pursuant to such tender offer or exchange offer (as the same may be amended through the Expiration Date), then, and in each case, immediately after the close of business on such date, the Conversion Rate Price shall be increased decreased so that the same shall equal the rate determined by multiplying the Conversion Rate Price in effect immediately prior to the close of business on the Trading Day immediately following the Expiration Date by a fraction: