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Calculations
. All calculations under this
Section 3
shall be made to the nearest cent or the nearest 1/100th of
a share
, as
the case
may be.
For purposes of this
Section 3, the
number of shares of Common Stock
deemed to be
issued and outstanding
as of a given date shall be the
sum of
the number of shares of Common Stock (excluding
treasury shares
, if any) issued and outstanding.
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Calculations
. All calculations under this
Section 5
shall be made to the nearest cent or the nearest 1/100th of
a share
, as
the case
may be.
For purposes of this
Section 5, the
number of shares of Common Stock
deemed to be
issued and outstanding
as of a given date shall be the
sum of
the number of shares of Common Stock (excluding any treasury
shares of the Company
) issued and outstanding.
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Calculations
. All calculations under this
Section 9
shall be made to the nearest cent or the nearest 1/100th of
a share
, as applicable. The number of
shares of Common Stock outstanding
at any given time shall not include
shares owned
or held by or for
the account
of the Company
, and the
disposition of
any such shares shall be considered an issue or
sale of Common Stock
.
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Calculations
.
Except as otherwise provided
herein,
the Company shall
be
responsible for
making all calculations called for under
the Notes
. These calculations include, but are
not limited
to, determinations of the Last Reported
Sale Prices
of
the Common Stock
, the Daily VWAPs, the Daily Conversion Values, the
Daily Settlement Amounts
,
accrued interest payable
on the Notes and the Conversion
Rate of
the Notes. The Company shall make all these calculations
in good faith
and, absent
manifest error
, the Company’s calculations shall be
final and binding
on
Holders of Notes
. The Company shall provide a
schedule of
its calculations to each of
the Trustee
and the
Conversion Agent
, and each of the Trustee and Conversion Agent is
entitled to rely
conclusively upon the accuracy
of the Company
’s calculations without
independent verification
. The Trustee will forward the Company’s calculations to any
Holder of Notes
upon
the request
of that Holder at the sole
cost and expense
of the Company.
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Calculations
. All calculations of Value and Exposure
for purposes of
Paragraphs 3
and 6(d) will be made by
the Valuation Agent
as of the
Valuation Time
. The Valuation Agent will notify
each party
(or the
other party
, if the Valuation Agent is
a party
) of its calculations not later than the
Notification Time
on the
Local Business Day
following the applicable
Valuation Date
(or
in the case
of Paragraph 6(d), following the
date of calculation
).
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Calculations
. All calculations under this
Section 3
shall be made to the nearest cent or the nearest 1/100th of an ADS, as
the case
may be.
For purposes of this
Section 3, the
number of
Ordinary Shares
deemed to be
issued and outstanding
as of a given date shall be the
sum of
the number of Ordinary Shares (excluding
treasury shares
, if any) issued and outstanding.
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Calculations
.
Except as otherwise provided
herein, all
interest rate
and
basis point
calculations hereunder will be made on the
basis of
a 360-day year and twelve 30-day months and will be carried out to at least three
decimal places
.
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Calculations
. All calculations
with respect to
the
Conversion Rate
and adjustments thereto will be made to the nearest 1/10,000th of
a share
of
Common Stock
(with 5/100,000ths rounded upward).
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Calculations
. Any interest or fee accruing under
this Agreement
accrues from day to day and is calculated on the
basis of
the actual
number of days
elapsed and
a year
of 360 or 365 days or otherwise, depending on what
the Facility Agent
determines is
market practice
.
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Calculations
. All interest and other
payments of
an annual
nature under any of
the Security Documents
shall accrue from day to day and be calculated on the
basis of
actual days
elapsed and a three hundred and sixty (360) day year.
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