Common use of Calculation of Limitation Clause in Contracts

Calculation of Limitation. To the extent that the limitation contained in Section 3.8(b) applies, the determination of whether a Warrant is exercisable (in relation to other securities owned by the BOL Warrantholder thereof together with any Affiliates and Attribution Parties) shall be in the sole discretion of such BOL Warrantholder. The submission of an Exercise Notice by a BOL Warrantholder shall be deemed to be such BOL Warrantholder’s representation (upon which the Company and the Warrant Agent shall be entitled to rely without any investigation or verification) that either (i) such BOL Warrantholder has waived the application of the limitations in Section 3.8(b) pursuant to Section 3.8(b)(i) and such waiver has become effective or (ii) such proposed exercise of the Warrant or Warrants subject to such Exercise Notice is not in excess of the limitation contained in Section 3.8(b). Neither the Company nor the Warrant Agent shall have any liability to a BOL Warrantholder or any other Person in respect of such BOL Warrantholder’s election to be subject to the limitations in Section 3.8(b) or the application thereof to such BOL Warrantholder, the Company’s and the Warrant Agent’s reliance on such BOL Warrantholder’s representation contained (or deemed contained) in an Exercise Notice, any breach of such representation, error in any underlying calculation or understanding of the facts or legal determinations on which it is based, or any other actual or apparent non-compliance by such Warrantholder with the limitation set forth herein. For purposes of this Section 3.8, in determining the number of outstanding Ordinary Shares, a BOL Warrantholder may rely on the number of outstanding Ordinary Shares as reflected in (A) the Company’s most recent periodic or annual report filed with the Commission, as the case may be, (B) a more recent public announcement by the Company or (C) a more recent written notice by the Company setting forth the number of Ordinary Shares outstanding; provided, that, in the case of clause (B) and (C), the Warrantholder may rely only on the most recent such announcement or notice. In each case, the number of outstanding Ordinary Shares shall be determined by a BOL Warrantholder after giving effect to the conversion or exercise of securities of the Company, including any Warrant then being exercised, by such BOL Warrantholder or otherwise included in such BOL Warrantholder’s beneficial ownership since the date as of which such number of outstanding Ordinary Shares was reported.

Calculation of Limitation. To the extent that the limitation contained in Section 3.8(b) applies, the determination of whether a Warrant is exercisable (in relation to other securities owned by the BOL Warrantholder thereof together with any Affiliates and Attribution Parties) shall be in the sole discretion of such BOL Warrantholder. The submission of an Exercise Notice by a BOL Warrantholder shall be deemed to be such BOL Warrantholder’s representation (upon which the Company and the Warrant Agent shall be entitled to rely without any investigation or verification) that either (i) such BOL Warrantholder has waived the application of the limitations in Section 3.8(b) pursuant to Section 3.8(b)(i) and such waiver has become effective or (ii) such proposed exercise of the Warrant or Warrants subject to such Exercise Notice is not in excess of the limitation contained in Section 3.8(b). Neither the Company nor the Warrant Agent shall have any liability to a BOL Warrantholder or any other Person in respect of such BOL Warrantholder’s election to be subject to the limitations in Section 3.8(b) or the application thereof to such BOL Warrantholder, the Company’s and the Warrant Agent’s reliance on such BOL Warrantholder’s representation contained (or deemed contained) in an Exercise Notice, any breach of such representation, error in any underlying calculation or understanding of the facts or legal determinations on which it is based, or any other actual or apparent non-non- compliance by such Warrantholder with the limitation set forth herein. For purposes of this Section 3.8, in determining the number of outstanding Ordinary Shares, a BOL Warrantholder may rely on the number of outstanding Ordinary Shares as reflected in (A) the Company’s most recent periodic or annual report filed with the Commission, as the case may be, (B) a more recent public announcement by the Company or (C) a more recent written notice by the Company setting forth the number of Ordinary Shares outstanding; provided, that, in the case of clause (B) and (C), the Warrantholder may rely only on the most recent such announcement or notice. In each case, the number of outstanding Ordinary Shares shall be determined by a BOL Warrantholder after giving effect to the conversion or exercise of securities of the Company, including any Warrant then being exercised, by such BOL Warrantholder or otherwise included in such BOL Warrantholder’s beneficial ownership since the date as of which such number of outstanding Ordinary Shares was reported.

Calculation of Limitation. To the extent that the limitation contained in Section 3.8(b3.3(a) applies, the determination of whether a Warrant is exercisable (in relation to other securities owned by the BOL Warrantholder thereof together with any Affiliates and Attribution Parties) shall be in the sole discretion of such BOL Warrantholder. The submission of an Exercise Notice by a BOL Warrantholder shall be deemed to be such BOL Warrantholder’s representation (upon which the Company and the Warrant Agent shall be entitled to rely without any investigation or verification) that either (i) such BOL Warrantholder has waived the application of the limitations in Section 3.8(b3.3(a) pursuant to Section 3.8(b)(i3.3(a)(i) and such waiver has become effective or (ii) such proposed exercise of the Warrant or Warrants subject to such Exercise Notice is not in excess of the limitation contained in Section 3.8(b3.3(a). Neither the Company nor the Warrant Agent shall have any liability to a BOL Warrantholder or any other Person in respect of such BOL Warrantholder’s election to be subject to the limitations in Section 3.8(b) or the application thereof to such BOL Warrantholder, the Company’s and the Warrant Agent’s reliance on such BOL Warrantholder’s representation contained (or deemed contained) in an Exercise Notice, any breach of such representation, error in any underlying calculation or understanding of the facts or legal determinations on which it is based, or any other actual or apparent non-compliance by such Warrantholder with the limitation set forth herein. For purposes of this Section 3.83.3, in determining the number of outstanding Ordinary Shares, a BOL Warrantholder may rely on the number of outstanding Ordinary Shares as reflected in (A) the Company’s most recent periodic or annual report filed with the Commission, as the case may be, (B) a more recent public announcement by the Company or (C) a more recent written notice by the Company setting forth the number of Ordinary Shares outstanding; provided, that, that¸ in the case of clause (B) and (C), the Warrantholder may rely only on the most recent such announcement or notice. In each case, the number of outstanding Ordinary Shares shall be determined by a BOL the Warrantholder after giving effect to the conversion or exercise of securities of the Company, including any Warrant then being exercised, by such BOL Warrantholder the Holder or otherwise included in such BOL Warrantholderthe Holder’s beneficial ownership since the date as of which such number of outstanding Ordinary Shares was reported.

Calculation of Limitation. To For purposes of this Section 2(f), the extent that number of shares of Common Stock beneficially owned by the Holder and its Affiliates and Attribution Parties shall include the number of shares of Common Stock issuable upon exercise of this Warrant with respect to which such determination is being made, but shall exclude the number of shares of Common Stock which would be issuable upon (i) exercise of the remaining, non-exercised portion of this Warrant beneficially owned by the Holder or any of its Affiliates or Attribution Parties and (ii) exercise or conversion of the unexercised or non-converted portion of any other securities of the Company (including, without limitation, the Company’s 13% Senior Secured Notes due 2024 and any other warrants, options or other convertible debt securities of the Company) subject to a limitation on conversion or exercise analogous to the limitation contained in Section 3.8(b) applies, the determination of whether a Warrant is exercisable (in relation to other securities herein beneficially owned by the BOL Warrantholder thereof together with Holder or any of its Affiliates and or Attribution Parties) shall be in the sole discretion of such BOL Warrantholder. The submission of an a Notice of Exercise Notice by a BOL Warrantholder shall be deemed to be such BOL Warrantholderthe Holder’s representation (upon which that the Company and the Warrant Agent shall be entitled to rely without any investigation or verification) that either (i) such BOL Warrantholder has waived the application of the limitations in Section 3.8(b) pursuant to Section 3.8(b)(i) and such waiver has become effective or (ii) such proposed exercise of the this Warrant or Warrants is not subject to such Exercise Notice is not in excess of the limitation contained in this Section 3.8(b2(f). Neither In addition, a determination as to any group status as contemplated above shall be determined in accordance with Section 13(d) of the Company nor the Warrant Agent shall have any liability to a BOL Warrantholder or any other Person in respect of such BOL Warrantholder’s election to be subject to the limitations in Section 3.8(b) or the application thereof to such BOL Warrantholder, the Company’s Exchange Act and the Warrant Agent’s reliance on such BOL Warrantholder’s representation contained (or deemed contained) in an Exercise Notice, any breach of such representation, error in any underlying calculation or understanding of the facts or legal determinations on which it is based, or any other actual or apparent non-compliance by such Warrantholder with the limitation set forth hereinrules and regulations promulgated thereunder. For purposes of this Section 3.82(f), in determining the number of outstanding Ordinary Sharesshares of Common Stock, a BOL Warrantholder Holder may rely on the number of outstanding Ordinary Shares shares of Common Stock as reflected in (A) the Company’s most recent periodic or annual report filed with the Securities and Exchange Commission, as the case may be, (B) a more recent public announcement by the Company or (C) a more recent written notice by the Company or the Transfer Agent setting forth the number of Ordinary Shares shares of Common Stock outstanding; provided, that, in the case of clause (B) and (C), the Warrantholder may rely only on the most recent such announcement or notice. In each case, the number of outstanding Ordinary Shares shares of Common Stock shall be determined by a BOL Warrantholder after giving effect to the conversion or exercise of securities of the Company, including any Warrant then being exercisedthis Warrant, by such BOL Warrantholder the Holder or otherwise included in such BOL Warrantholder’s beneficial ownership its Affiliates or Attribution Parties since the date as of which such number of outstanding Ordinary Shares shares of Common Stock was reported.

Calculation of Limitation. To the extent that the limitation contained in Section 3.8(b5(g)(i) applies, the determination of whether a Warrant is exercisable (in relation to other securities owned by the BOL Warrantholder Holder thereof together with any Affiliates and Attribution Parties) shall be in the sole discretion of such BOL WarrantholderHolder. The submission of an Exercise Notice Election to Purchase by a BOL Warrantholder Holder shall be deemed to be such BOL WarrantholderHolder’s representation (upon which the Company and the Warrant Agent shall be entitled to rely without any investigation or verification) that either (i) such BOL Warrantholder Holder has waived the application of the limitations in Section 3.8(b5(g)(i) pursuant to Section 3.8(b)(i5(g)(i)(X) and such waiver has become effective or (ii) such proposed exercise of the Warrant or Warrants subject to such Exercise Notice Election to Purchase is not in excess of the limitation contained in Section 3.8(b5(g)(i). Neither the The Company nor the Warrant Agent shall not have any liability to a BOL Warrantholder Holder or any other Person in respect of such BOL Warrantholder’s election to be subject to the limitations in Section 3.8(b) or the application thereof to such BOL Warrantholder, the Company’s and the Warrant Agent’s reliance on such BOL WarrantholderHolder’s representation contained (or deemed contained) in an Exercise NoticeElection to Purchase, any breach of such representation, error in any underlying calculation or understanding of the facts or legal determinations on which it is based, or any other actual or apparent non-compliance by such Warrantholder Holder with the limitation set forth herein. For purposes of this Section 3.85(g), in determining the number of outstanding Ordinary Sharesshares of Common Stock, a BOL Warrantholder Holder may rely on the number of outstanding Ordinary Shares shares of Common Stock as reflected in (A) the Company’s most recent periodic or annual report filed with the CommissionSEC, as the case may be, (B) a more recent public announcement by the Company or (C) a more recent written notice by the Company setting forth the number of Ordinary Shares shares of Common Stock outstanding; provided, that, that¸ in the case of clause (B) and (C), the Warrantholder Holder may rely only on the most recent such announcement or notice. In each case, the number of outstanding Ordinary Shares shares of Common Stock shall be determined by a BOL Warrantholder the Holder after giving effect to the conversion or exercise of securities of the Company, including any Warrant then being exercised, by such BOL Warrantholder the Holder or otherwise included in such BOL Warrantholderthe Holder’s beneficial ownership since the date as of which such number of outstanding Ordinary Shares shares of Common Stock was reported.

Calculation of Limitation. To the extent that the limitation contained in Section 3.8(b20(a) applies, the determination of whether a Warrant is exercisable (in relation to other securities owned by the BOL Warrantholder Holder thereof together with any Affiliates and Attribution Parties) shall be in the sole discretion of such BOL WarrantholderHolder. The submission of an a Warrant Exercise Notice by a BOL Warrantholder Holder shall be deemed to be such BOL WarrantholderHolder’s representation (upon which the Company and the Warrant Agent Agent, if any, shall be entitled to rely without any investigation or verification) that either (i) such BOL Warrantholder Holder has waived the application of the limitations in Section 3.8(b20(a) pursuant to Section 3.8(b)(i20(a)(i) and such waiver has become effective or (ii) such proposed exercise of the Warrant or Warrants subject to such Warrant Exercise Notice is not in excess of the limitation contained in Section 3.8(b20(a). Neither the Company nor the Warrant Agent Agent, if any, shall have any liability to a BOL Warrantholder Holder or any other Person in respect of such BOL Warrantholder’s election to be subject to the limitations in Section 3.8(b) or the application thereof to such BOL Warrantholder, the Company’s and the such Warrant Agent’s reliance on such BOL WarrantholderHolder’s representation contained (or deemed contained) in an a Warrant Exercise Notice, any breach of such representation, error in any underlying calculation or understanding of the facts or legal determinations on which it is based, or any other actual or apparent non-compliance by such Warrantholder Holder with the limitation set forth herein. For purposes of this Section 3.820, in determining the number of outstanding Ordinary Shares, a BOL Warrantholder Holder may rely on the number of outstanding Ordinary Shares as reflected in (A) the Company’s most recent periodic or annual report filed with the CommissionSEC, as the case may be, (B) a more recent public announcement by the Company or (C) a more recent written notice by the Company setting forth the number of Ordinary Shares outstanding; provided, that, that¸ in the case of clause (B) and (C), the Warrantholder Holder may rely only on the most recent such announcement or notice. In each case, the number of outstanding Ordinary Shares shall be determined by a BOL Warrantholder the Holder after giving effect to the conversion or exercise of securities of the Company, including any Warrant then being exercised, by such BOL Warrantholder the Holder or otherwise included in such BOL Warrantholderthe Holder’s beneficial ownership since the date as of which such number of outstanding Ordinary Shares was reported.