Common use of Conversion Settlement Defaults Clause in Contracts

Conversion Settlement Defaults. If (x) the Company fails to deliver, by the related Conversion Settlement Date, any shares of Common Stock (the “Defaulted Shares”) forming part of the Conversion Consideration of the conversion of the Notes; and (y) a Holder (whether directly or indirectly, including by any broker acting on such Holder’s behalf or acting with respect to such Defaulted Shares) purchases any shares of Common Stock (whether in the open market or otherwise) to cover any such Defaulted Shares (whether to satisfy any settlement obligations with respect thereto of such Holder or otherwise), then, without limiting such Holder’s right to pursue any other remedy available to it (whether hereunder, under applicable law or otherwise), such Holder will have the right, exercisable by written notice to the Company, to cause the Company to either: (i) pay, on or before the second (2nd) Business Day after the date such notice is delivered, cash to the Holder in an amount equal to the aggregate purchase price (including any brokerage commissions and other out-of-pocket costs) incurred to purchase such shares (such aggregate purchase price, the “Covering Price”); or (ii) promptly deliver, to the Holder, such Defaulted Shares in accordance with this Indenture and the Notes, together with cash in an amount equal to the excess, if any, of the Covering Price over the product of (x) the number of such Defaulted Shares; and (y) the Daily VWAP per share of Common Stock on the Conversion Date relating to such conversion.

Conversion Settlement Defaults. If (x) the Company fails to deliver, by the related Conversion Settlement Date, any shares of Common Stock (the “Defaulted Shares”) forming part of the Conversion Consideration of the conversion of this Note, including any portion constituting an Early Redemption Payment required to be paid by the NotesCompany on the next Early Redemption Date or Early Redemption Stock Payment Date, as applicable, or any outstanding deferred Early Redemption Payment; and (y) a the Holder (whether directly or indirectly, including by any broker acting on such the Holder’s behalf or acting with respect to such Defaulted Shares) purchases any shares of Common Stock (whether in the open market or otherwise) to cover any such Defaulted Shares (whether to satisfy any settlement obligations with respect thereto of such the Holder or otherwise), then, without limiting such the Holder’s right to pursue any other remedy available to it (whether hereunder, under applicable law or otherwise), such the Holder will have the right, exercisable by written notice to the Company, to cause the Company to either: (i1) pay, on or before the second (2nd) Business Day after the date such notice is delivered, cash to the Holder in an amount equal to the aggregate purchase price (including any brokerage commissions and other out-of-pocket costs) incurred to purchase such shares (such aggregate purchase price, the “Covering Price”); or (ii) promptly deliver, to the Holder, such Defaulted Shares in accordance with this Indenture and the Notes, together with cash in an amount equal to the excess, if any, of the Covering Price over the product of (x) the number of such Defaulted Shares; and (y) the Daily VWAP per share of Common Stock on the Conversion Date relating to such conversion.