Common use of Notice of Adjustments of Conversion Rate Clause in Contracts

Notice of Adjustments of Conversion Rate. Whenever the Conversion Rate is adjusted as herein provided (other than in the case of an adjustment pursuant to the second paragraph of Section 12.04(j) for which the notice required by such paragraph has been provided), the Guarantor shall promptly file with the Trustee and any Conversion Agent other than the Trustee an Officer`s Certificate setting forth the adjusted Conversion Rate and showing in reasonable detail the facts upon which such adjustment is based. Unless and until a Responsible Officer of the Trustee receives an Officer`s Certificate describing an adjustment of the Conversion Rate, the Trustee may assume without inquiry that no such adjustment has been made. Promptly after delivery of such Officer`s Certificate, the Company shall prepare a notice stating that the Conversion Rate has been adjusted and setting forth the adjusted Conversion Rate and the date on which each adjustment becomes effective, and shall mail such notice to each Holder at the address of such Holder as it appears in the Register within 20 days of the effective date of such adjustment. Failure to deliver such notice shall not affect the legality or validity of any such adjustment.

Notice of Adjustments of Conversion Rate. Whenever the Conversion Rate is adjusted as herein provided (other than in the case of an adjustment pursuant to the second paragraph of Section 12.04(j12.4(h) for which the notice required by such paragraph has been provided), the Guarantor Company shall promptly file with the Trustee and any Conversion Agent other than the Trustee an Officer`s Officers’ Certificate setting forth the adjusted Conversion Rate and showing in reasonable detail the facts upon which such adjustment is based. Unless and until a Responsible Officer of the Trustee receives an Officer`s Certificate describing an adjustment of the Conversion Rate, the Trustee may assume without inquiry that no such adjustment has been made. Promptly after delivery of such Officer`s Officers’ Certificate, the Company shall prepare a notice stating that the Conversion Rate has been adjusted and setting forth the adjusted Conversion Rate and the date on which each adjustment becomes effective, and shall mail such notice to each Holder at the address of such Holder as it appears in the Register within 20 days of the effective date of such adjustment. If any adjustment to the Conversion Rate would be less than 1% of the then effective Conversion Rate, such adjustment shall be carried forward and adjustment with respect thereto shall be made at the time of and together with any subsequent adjustments which, together with the original adjustment, shall aggregate at least 1% of the then effective Conversion Rate; provided, however, that any carryforward amount will be paid to the Holder upon conversion regardless of the 1% threshold. Failure to deliver such notice shall not affect the legality or validity of any such adjustment.

Notice of Adjustments of Conversion Rate. Whenever the Conversion Rate is adjusted as herein provided (other than in the case of an adjustment pursuant to the second paragraph of Section 12.04(j12.04(i) for which the notice required by such paragraph has been provided), the Guarantor Company shall promptly file with the Trustee and any Conversion Agent other than the Trustee an Officer`s Officers’ Certificate setting forth the adjusted Conversion Rate and showing in reasonable detail the facts upon which such adjustment is based. Unless and until a Responsible Officer of the Trustee receives at the Corporate Trust Office of the Trustee an Officer`s Officers’ Certificate describing an adjustment of the Conversion RatePrice, the Trustee may assume without inquiry that no such adjustment has been made. Promptly after delivery of such Officer`s Officers’ Certificate, the Company shall prepare a notice stating that the Conversion Rate has been adjusted and setting forth the adjusted Conversion Rate and the date on which each adjustment becomes effective, and shall mail such notice to each Holder at the address of such Holder as it appears in the Register within 20 days of the effective date of such adjustment. Failure to deliver such notice shall not affect the legality or validity of any such adjustment.

Notice of Adjustments of Conversion Rate. Whenever the Conversion Rate is adjusted as herein provided (other than in the case of an adjustment pursuant to the second paragraph of Section 12.04(j12.04(i) for which the notice required by such paragraph has been provided), the Guarantor Company shall promptly file with the Trustee and any Conversion Agent other than the Trustee an Officer`s Officers' Certificate setting forth the adjusted Conversion Rate and showing in reasonable detail the facts upon which such adjustment is based. Unless and until a Responsible Officer of the Trustee receives an Officer`s Officers' Certificate describing an adjustment of the Conversion RatePrice, the Trustee may assume without inquiry that no such adjustment has been made. Promptly after delivery of such Officer`s Officers' Certificate, the Company shall prepare a notice stating that the Conversion Rate has been adjusted and setting forth the adjusted Conversion Rate and the date on which each adjustment becomes effective, and shall mail such notice to each Holder at the address of such Holder as it appears in the Register within 20 days of the effective date of such adjustment. Failure to deliver such notice shall not affect the legality or validity of any such adjustment.