Common use of Conversion Upon Certain Distributions Clause in Contracts

Conversion Upon Certain Distributions. Subject to the provisions of this paragraph 8 and the Applicable Indenture but notwithstanding the fact that any other condition to conversion in paragraph (a), (b), (c) or (e) has not been satisfied, in the event that the Company declares a dividend or distribution described in Section 8.7 of the Supplemental Indenture, or a dividend or a distribution described in Section 8.8(a) or 8.8(b) of the Supplemental Indenture where in the case of a dividend or distribution pursuant to 8.8(a) or 8.8(b) of the Supplemental Indenture, the fair market value, per share, of such dividend or distribution per share of Common Stock, as determined in the Applicable Indenture, exceeds 15% of the Sale Price of the Common Stock on the Business Day immediately preceding the date of declaration for such dividend or distribution, then the Securities may be surrendered for conversion beginning on the date the Company gives notice to the Holders of such right, which shall not be less than 20 days prior to the date for such dividend or distribution, and Securities may be surrendered for conversion at any time thereafter until the close of business on the Business Day prior to the date of distribution or until the Company announces that such dividend or distribution will not take place.

Conversion Upon Certain Distributions. Subject to the provisions of this paragraph 8 and the Applicable Indenture but notwithstanding the fact that any other condition to conversion in paragraph (a), (b), (c) or (e) has not been satisfied, in the event that the Company declares a dividend or distribution described in Section 8.7 10.07 of the Supplemental Indenture, or a dividend or a distribution described in Section 8.8(a10.08(a) or 8.8(b10.08(b) of the Supplemental Indenture where in the case of a dividend or distribution pursuant to 8.8(a10.08(a) or 8.8(b) of the Supplemental Indenture10.08(b), the fair market value, per share, of such dividend or distribution per share of Common Stock, as determined in the Applicable Indenture, exceeds 15% of the Sale Price of the Common Stock on the Business Day immediately preceding the date of declaration for such dividend or distribution, then the Securities may be surrendered for conversion beginning on the date the Company gives notice to the Holders of such right, which shall not be less than 20 days prior to the date for such dividend or distribution, and Securities may be surrendered for conversion at any time thereafter until the close of business on the Business Day prior to the date of distribution or until the Company announces that such dividend or distribution will not take place.