Common use of Conversion Consideration Clause in Contracts

Conversion Consideration. (a) Upon surrendering any Notes for conversion, the Holder of such Notes shall receive, in respect of each $1,000 principal amount of Notes: shares of Common Stock at an initial conversion rate of 160.772 shares per $1,000 principal amount of Notes (the “Conversion Rate”), which is based upon an initial Conversion Price of approximately $6.22 per share. The Conversion Rate (and Conversion Price) are subject to adjustment as described below. (b) If a Holder receives shares of Common Stock upon conversion of Notes, such Holder will also receive the associated rights under any stockholder rights plan that the Company may adopt, whether or not the rights have separated from the Common Stock at the time of conversion unless, prior to conversion, the rights have expired, terminated or been exchanged.

Conversion Consideration. (a) Upon surrendering any Notes Debentures for conversion, the Holder of such Notes Debentures shall receive, in respect of each $1,000 principal amount of NotesDebentures: shares of Common Stock at an initial conversion rate of 160.772 60.241 shares per $1,000 principal amount of Notes Debentures (the “Conversion Rate”), which is based upon on an initial Conversion Price conversion price of approximately $6.22 16.60 per shareshare (the “Conversion Price”). The Conversion Rate (and Conversion Price) are subject to adjustment as described below. (b) . If a Holder receives shares of Common Stock upon conversion of NotesDebentures, such Holder will also receive the associated rights under any stockholder rights plan that the Company may adopt, whether or not the rights have separated from the Common Stock at the time of conversion unless, prior to conversion, the rights have expired, terminated or been exchanged.