Common use of Adjustments of Prices Clause in Contracts

Adjustments of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts or the Daily Settlement Amounts over a span of multiple days (including, without limitation, an Observation Period and the period, if any, for determining the Stock Price for purposes of a Make-Whole Fundamental Change or a Notice of Redemption), the Company shall, in good faith, make appropriate adjustments (without duplication in respect of any adjustment made pursuant to ‎Section 14.04) to each to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the Ex-Dividend Date, Effective Date or expiration date, as the case may be, of the event occurs at any time during the period when the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts or the Daily Settlement Amounts are to be calculated.

Adjustments of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts or the Daily Settlement Amounts over a span of multiple days (including, without limitation, an Observation Period and the period, if any, for determining the Stock Price for purposes of a Make-Whole Fundamental Change or a Notice of Redemption), the Company shall, in good faith, make appropriate adjustments (without duplication in respect of any adjustment made pursuant to ‎Section Section 14.04) to each to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the Ex-Dividend Date, Effective Date or expiration date, as the case may be, of the event occurs at any time during the period when the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts or the Daily Settlement Amounts are to be calculated.

Adjustments of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts or the Daily Settlement Amounts Conversion Make-Whole Share Price over or based on a span of multiple days (including, without limitation, including an Observation Period and Period, the period, if any, period for determining the Stock Price for purposes of a Make-Whole Fundamental Change or a Notice of RedemptionAdjustment Event, the period for determining the Conversion Make-Whole Share Price and the period for determining whether the Company may exercise its Optional Redemption right), the Company shall, in good faith, Board of Directors shall make appropriate adjustments (without duplication in respect of any adjustment made pursuant to ‎Section 14.04) to each to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the Ex-Dividend Date, Effective Date or expiration date, as the case may be, of the event occurs occurs, at any time during the period when the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts or the Daily Settlement Amounts Conversion Make-Whole Share Price are to be calculated.

Adjustments of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts or the Daily Settlement Amounts over a span of multiple days (including, without limitation, an Observation Period and the period, if any, for determining the Stock Price for purposes of a Make-Whole Fundamental Change or a Notice of RedemptionChange), the Company shall, in good faith, make appropriate adjustments (without duplication in respect of any adjustment made pursuant to ‎Section Section 14.04) to each to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the Ex-Dividend Date, Effective Date or expiration date, as the case may be, of the event occurs occurs, at any time during the period when the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts or the Daily Settlement Amounts are to be calculated.

Adjustments of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale Prices, the Trading Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts or the Daily Net Settlement Amounts over a span of multiple days (including, without limitation, including an Observation Period and the periodand, if anyapplicable, the period for determining the Stock Price for purposes of a Redemption Notice or a Make-Whole Fundamental Change or a Notice of RedemptionChange), the Company shall, in good faith, shall make appropriate adjustments (without duplication in respect of any adjustment made pursuant to ‎Section 14.04) its good faith judgment to each such calculation to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate as provided in Section 13.04 where the Ex-Dividend Date, Effective Date or expiration date, as the case may be, date of the event occurs occurs, at any time during the period when the Last Reported Sale Prices, the Trading Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts or the Daily Net Settlement Amounts are to be calculated. For the avoidance of doubt, adjustments made pursuant to this Section 13.05 will be made without duplication of any adjustment made pursuant to Section 13.04.

Adjustments of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts or the Daily Settlement Amounts over a span of multiple days (including, without limitation, an Observation Period and the period, if any, for determining the Stock Price for purposes of a Make-Whole Fundamental Change or a Notice of Redemptionredemption pursuant to Article 16), the Company shall, in good faith, shall make appropriate adjustments (without duplication in respect of any adjustment made pursuant to ‎Section the provisions described under Section 14.04) to each to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the Ex-Dividend Date, Effective Date or expiration date, as the case may be, date of the event occurs occurs, at any time during the period when the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts or the Daily Settlement Amounts are to be calculated.

Adjustments of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts Amounts, the ADS Price for purposes of a Make- Whole Fundamental Change or the Daily Settlement Amounts Redemption Reference Price for purposes of the Company’s election to redeem the Notes over a span of multiple days (including, without limitation, an Observation Period and the period, if any, for determining the Stock Price for purposes of a Make-Whole Fundamental Change or a Notice of Redemption)days, the Company Board of Directors shall, in good faith, make appropriate adjustments (without duplication in respect of any adjustment made pursuant to ‎Section 14.04the provisions described under Section 14.04 above) to each to account for any adjustment to the Conversion Rate that becomes effectiveeffective pursuant to Section 14.04, or any event requiring an adjustment to the Conversion Rate pursuant to Section 14.04 where the Ex-Dividend Date, Effective Date or expiration date, as the case may be, of the event occurs occurs, at any time during the period when the such Last Reported Sale Prices, ADS Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts Values or the Daily Settlement Amounts are to be calculated.. ​

Adjustments of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts or Amounts, the Daily Settlement Amounts over a span of multiple days (including, without limitation, an Observation Period and the period, if any, for determining the Stock Price ADS Prices for purposes of a Make-Whole Fundamental Change or the Redemption Reference Price for purposes of the Company’s election to redeem the Notes in connection with changes in tax laws or to redeem the Notes as described under Section 16.02 over a Notice span of Redemption)multiple days, the Company shall, in good faith, Board of Directors shall make appropriate adjustments (without duplication in respect of any adjustment made pursuant to ‎Section 14.04) to each to account for any adjustment to the Conversion Rate that becomes effectiveeffective pursuant to Section 14.04, or any event requiring an adjustment to the Conversion Rate pursuant to Section 14.04 where the Ex-Dividend Date, Effective Date or expiration date, as the case may be, of the event occurs occurs, at any time during the period when the such Last Reported Sale Prices, ADS Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts Values or the Daily Settlement Amounts are to be calculated.

Adjustments of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts or Amounts, the Daily Settlement Amounts over a span of multiple days (including, without limitation, an Observation Period and the period, if any, for determining the Stock ADS Price for purposes of a Make-Whole Fundamental Change or the Redemption Reference Price for purposes of the Company’s election to redeem the Notes in connection with a Notice Change in Tax Law or to redeem the Notes as described under Section 16.02 over a span of Redemption)multiple days, the Company shall, in good faith, Board of Directors shall make appropriate adjustments (without duplication in respect of any adjustment made pursuant to ‎Section 14.04) to each to account for any adjustment to the Conversion Rate that becomes effectiveeffective pursuant to Section 14.04, or any event requiring an adjustment to the Conversion Rate pursuant to Section 14.04 where the Ex-Dividend Date, Effective Date or expiration date, as the case may be, of the event occurs occurs, at any time during the period when the such Last Reported Sale Prices, ADS Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts Values or the Daily Settlement Amounts are to be calculated.

Adjustments of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts or the Daily Settlement Amounts over a span of multiple days (including, without limitation, including an Observation Period and the period, if any, period for determining the Stock Price for purposes of a Make-Whole Fundamental Change or a Notice of Optional Redemption), the Company shall, in good faithfaith and in a commercially reasonable manner, make appropriate adjustments (adjustments, without duplication in respect of any adjustment made pursuant to ‎Section 14.04) Section 13.04, to each to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the Ex-Dividend Date, Effective Date or expiration date, as the case may be, date of the event occurs occurs, at any time during the period when the such Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts or the Daily Settlement Amounts are to be calculated.

Adjustments of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Measurement Amount, the Daily Settlement Amounts or the Daily Net Settlement Amounts over a span of multiple days (including, without limitation, including an Observation Period and the period, if any, period for determining the Stock Price for purposes of a Make-Whole Fundamental Change or a Notice of Optional Redemption), the Company shall, in good faith, shall make appropriate adjustments (without duplication in respect of any adjustment made pursuant to ‎Section Section 14.04) to each to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the Ex-Dividend Date, Effective Date or expiration dateExpiration Date, as the case may be, of the event occurs occurs, at any time during the period when the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Measurement Amount, the Daily Settlement Amounts or the Daily Net Settlement Amounts are to be calculated.

Adjustments of Prices. Whenever any provision of this Supplemental Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts or Amounts, the Daily Settlement Amounts over a span of multiple days (including, without limitation, an Observation Period and the period, if any, for determining the Stock ADS Price for purposes of a Make-Whole Fundamental Change or the Redemption Reference Price for purposes of an Optional Redemption, a Notice Cleanup Redemption or a Tax Redemption pursuant to Article 16 over a span of Redemption)multiple days, the Company shall, in good faith, shall make appropriate adjustments (without duplication in respect of any adjustment made pursuant to ‎Section 14.04) good faith and in a commercially reasonable manner to each to account for any adjustment to the Conversion Rate that becomes effectiveeffective pursuant to Section 14.04, or any event requiring an adjustment to the Conversion Rate pursuant to Section 14.04 where the Ex-Dividend Date, Effective Date or expiration date, as the case may be, of the event occurs occurs, at any time during the period when the such Last Reported Sale Prices, ADS Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts Values or the Daily Settlement Amounts are to be calculated.

Adjustments of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts or the Daily Settlement Amounts over a span of multiple days (including, without limitation, an Observation Period and the period, if any, for determining the Stock Price for purposes of a Make-Whole Fundamental Change or a Notice of Redemption), the Company shall, in good faith, make appropriate adjustments (without duplication in respect of any adjustment made pursuant to ‎Section 14.04) to each to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the Ex-Dividend Date, Effective Date or expiration date, as the case may be, of the event occurs occurs, at any time during the period when the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts or the Daily Settlement Amounts are to be calculated.

Adjustments of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts or Amounts, the Daily Settlement Amounts over a span of multiple days (including, without limitation, an Observation Period and the period, if any, for determining the Stock ADS Price for purposes of a Make-Whole Fundamental Change or the Redemption Reference Price for purposes of the Company’s election to redeem the Notes in accordance with Article XVI over a Notice span of Redemption)multiple days, the Company shall, in good faith, Board of Directors shall make appropriate adjustments (without duplication in respect of any adjustment made pursuant to ‎Section 14.04) to each to account for any adjustment to the Conversion Rate that becomes effectiveeffective pursuant to Section 14.04, or any event requiring an adjustment to the Conversion Rate pursuant to Section 14.04 where the Ex-Dividend Date, Effective Date or expiration date, as the case may be, of the event occurs occurs, at any time during the period when the such Last Reported Sale Prices, ADS Prices, the Redemption Reference Price, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts Values or the Daily Settlement Amounts are to be calculated.

Adjustments of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts or Amounts, the Daily Settlement Amounts over a span of multiple days (including, without limitation, an Observation Period and the period, if any, for determining the Stock ADS Price for purposes of a Make-Whole Fundamental Change or the Redemption Reference Price for purposes of the Company’s election to redeem the Notes in connection with a Notice Tax Redemption or Cleanup Redemption, as the case may be, over a span of Redemption)multiple days, the Company shall, in good faith, Board of Directors shall make appropriate adjustments (without duplication in respect of any adjustment made pursuant to ‎Section 14.04) to each to account for any adjustment to the Conversion Rate that becomes effectiveeffective pursuant to Section 14.04, or any event requiring an adjustment to the Conversion Rate pursuant to Section 14.04 where the Ex-Dividend Date, Effective Date or expiration date, as the case may be, of the event occurs occurs, at any time during the period when the such Last Reported Sale Prices, ADS Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts Values or the Daily Settlement Amounts are to be calculated.. ​

Adjustments of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts or the Daily Settlement Amounts over a span of multiple days (including, without limitation, an Observation Period and the period, if any, for determining the Stock ADS Price for purposes of a Make-Whole Fundamental Change or the Redemption Reference Price for purposes of a Notice Cleanup Redemption or a Tax Redemption pursuant to ‎Article 16 over a span of Redemption)multiple days, the Company shall, in good faith, Board of Directors shall make appropriate adjustments (without duplication in respect of any adjustment made pursuant to ‎Section 14.04) good faith to each to account for any adjustment to the Conversion Rate that becomes effectiveeffective pursuant to ‎Section 14.04, or any event requiring an adjustment to the Conversion Rate pursuant to ‎Section 14.04 where the Record Date, Ex-Dividend Date, Effective Date or expiration date, as the case may be, of the event occurs occurs, at any time during the period when the such Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values, the or Daily Net Settlement Amounts or the Daily Settlement Amounts such ADS Prices or Redemption Reference Price are to be calculated.

Adjustments of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts or the Daily Settlement Amounts ADS Price for purposes of a Make- Whole Fundamental Change or the Redemption Reference Price for purposes of an Optional Redemption, a Cleanup Redemption, or a Tax Redemption pursuant to Article 16 over a span of multiple days (including, without limitation, an Observation Period and the period, if any, for determining the Stock Price for purposes of a Make-Whole Fundamental Change or a Notice of Redemption)days, the Company shall, in good faith, Board of Directors shall make appropriate adjustments (without duplication in respect of any adjustment made pursuant to ‎Section 14.04) good faith to each to account for any adjustment to the Conversion Rate that becomes effectiveeffective pursuant to Section 14.04, or any event requiring an adjustment to the Conversion Rate pursuant to Section 14.04 where the Record Date, Ex-Dividend Date, Effective Date or expiration date, as the case may be, of the event occurs occurs, at any time during the period when the such Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts Amounts, ADS Prices or the Daily Settlement Amounts Redemption Reference Price are to be calculated.

Adjustments of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts or the Daily Settlement Amounts over a span of multiple days (including, without limitation, an Observation Period and the period, if any, for determining the Stock Price for purposes of a Make-Whole Fundamental Change or a Notice of Sale Price Redemption), the Company shall, in good faith, make appropriate adjustments (without duplication in respect of any adjustment made pursuant to ‎Section 14.04) to each to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the Ex-Dividend Date, Effective Date or expiration date, as the case may be, of the event occurs at any time during the period when the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts or the Daily Settlement Amounts are to be calculated.

Adjustments of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts or Amounts, the Daily Settlement Amounts over a span of multiple days (including, without limitation, an Observation Period and the period, if any, for determining the Stock ADS Price for purposes of a Make-Whole Fundamental Change or the Redemption Reference Price for purposes of an Optional Redemption, a Notice Cleanup Redemption or a Tax Redemption pursuant to Article 16 over a span of Redemption)multiple days, the Company shall, in good faith, shall make appropriate adjustments (without duplication in respect of any adjustment made pursuant to ‎Section 14.04) good faith and in a commercially reasonable manner to each to account for any adjustment to the Conversion Rate that becomes effectiveeffective pursuant to Section 14.04, or any event requiring an adjustment to the Conversion Rate pursuant to Section 14.04 where the Ex-Dividend Date, Effective Date or expiration date, as the case may be, of the event occurs occurs, at any time during the period when the such Last Reported Sale Prices, ADS Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts Values or the Daily Settlement Amounts are to be calculated.

Adjustments of Prices. Whenever any provision of this Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts or Amounts, the Daily Settlement Amounts over a span of multiple days (including, without limitation, an Observation Period and the period, if any, for determining the Stock ADS Price for purposes of a Make-Whole Fundamental Change or the Redemption Reference Price for purposes of an Optional Redemption, a Notice Cleanup Redemption or a Tax Redemption pursuant to Article 16 over a span of Redemption)multiple days, the Company shall, in good faith, shall make appropriate adjustments (without duplication in respect of any adjustment made pursuant to ‎Section 14.04) good faith and in a commercially reasonable manner to each to account for any adjustment to the Conversion Rate that becomes effectiveeffective pursuant to Section 14.04, or any event requiring an adjustment to the Conversion Rate pursuant to Section 14.04 where the Ex-Dividend Date, Effective Date or expiration date, as the case may be, of the event occurs occurs, at any time during the period when the such Last Reported Sale Prices, ADS Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts Values or the Daily Settlement Amounts are to be calculated.

Adjustments of Prices. Whenever any provision of this the Indenture requires the Company to calculate the Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts Values or the Daily Settlement Amounts over a span of multiple days (including, without limitation, including an Observation Period and Period, the period, if any, period for determining the Stock Price for purposes of a Make-Whole Fundamental Change or a Notice Optional Redemption and the period for determining the Redemption Conversion Value for purposes of an Unwind Redemption), the Company shallCompany, in good faithfaith and in a commercially reasonable manner, shall make appropriate adjustments (adjustments, without duplication in respect of any adjustment made pursuant to ‎Section 14.04) Section 11.04, to each to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the Ex-Dividend Date, Effective Date or expiration date, as the case may be, date of the event occurs occurs, at any time during the period when the such Last Reported Sale Prices, the Daily VWAPs, the Daily Conversion Values, the Daily Net Settlement Amounts Values or the Daily Settlement Amounts are to be calculated.