Common use of Certain Conversions Clause in Contracts

Certain Conversions. Notwithstanding anything to the contrary in this Article 4, in the event of a Fundamental Change in which the consideration is comprised entirely of cash, the Conversion Value will be calculated based solely on the amount of cash which holders of the Company’s Common Stock are entitled to receive in respect of each share of Common Stock upon such Fundamental Change. In such event, the Company will pay the Holders in cash, as promptly as practicable but in any event not later than the third Trading Day following the surrender of the Securities for conversion.

Certain Conversions. Notwithstanding anything to the contrary in this Article 4, in the event of a Fundamental Change in which the consideration is comprised entirely of cash, the Conversion Value consideration to be paid upon conversion will be calculated based solely on the amount of cash which holders of the Company’s Common Stock are entitled to receive in respect of each share of Common Stock upon such Fundamental Change. In such event, the Company will pay the Holders in cash, as promptly as practicable but in any event not later than the third Trading Day following the surrender of the Securities for conversion.