Common use of Notice to Holders Prior to Certain Actions Clause in Contracts

Notice to Holders Prior to Certain Actions. In the event that: (a) the Company shall declare or authorize any event which could result in an adjustment in the Conversion Price under Section 1204 or require the execution of a supplemental indenture under Section 1205; or (b) the Company shall authorize the granting to the holders of Common Stock generally of rights, options or warrants to subscribe for or purchase any shares of any class or series of Capital Stock of the Company or any Subsidiary or any other rights, options or warrants, the reclassification of Common Stock (other than a subdivision or combination of outstanding Common Stock, or a change in par value, or from par value to no par value, or from no par value to par value), the combination, consolidation or merger of the Company for which approval of any stockholders of the Company is required, the sale or transfer of all or substantially all of the assets of the Company or the voluntary or involuntary dissolution, liquidation or winding-up of the Company in whole or in part; then, in each such case, the Company shall file or cause to be filed with the Trustee and shall give or cause to be given to each Holder, as promptly as possible but in any event at least 15 days prior to the applicable date hereinafter specified, a notice stating the date on which a record is to be taken for the purpose of determining the holders of outstanding Common Stock entitled to participate in such event, the date on which such event is expected to become effective or occur and the date on which it is expected that holders of outstanding Common Stock of record shall be entitled to surrender their shares, or receive any items, in connection with such event. Failure to give such notice, or any defect therein, shall not affect the legality or validity of such event.

Notice to Holders Prior to Certain Actions. In the event that: case (a) the Company shall declare makes any distribution or authorize any event which could result in dividend that would require an adjustment in the Conversion Price under pursuant to Section 1204 or require the execution of a supplemental indenture under Section 1205; or 11.05 hereof, (b) the Company shall authorize the granting takes any action that would require a supplemental indenture pursuant to the holders Section 11.06 hereof or (c) of Common Stock generally of rights, options or warrants to subscribe for or purchase any shares of any class or series of Capital Stock of the Company or any Subsidiary or any other rights, options or warrants, the reclassification of Common Stock (other than a subdivision or combination of outstanding Common Stock, or a change in par value, or from par value to no par value, or from no par value to par value), the combination, consolidation or merger of the Company for which approval of any stockholders of the Company is required, the sale or transfer of all or substantially all of the assets of the Company or the voluntary or involuntary dissolution, liquidation or winding-up of the Company in whole or in part; then, in each such caseCompany, the Company shall file or cause to be filed with the Trustee and shall give or cause to be given mailed to each Holder, Holder of Debentures as promptly as possible but in any event at least 15 days prior to the applicable date hereinafter specified, a notice stating (i) the date on which a record date is to be taken for the purpose of determining such dividend, distribution, rights, options or warrants, or, if a record is not to be taken, the date as of which the holders of outstanding Common Stock of record to be entitled to participate in such eventdividend, distribution, rights, options or warrants are to be determined or (ii) the date on which such event reclassification, change, consolidation, merger, sale, conveyance, transfer, dissolution, liquidation or winding-up is expected to become effective or occur and the date on as of which it is expected that holders of outstanding record of Common Stock of record shall be entitled to surrender exchange their sharesCommon Stock for securities or other property deliverable upon such reclassification, change, consolidation, merger, sale, conveyance, transfer, dissolution, liquidation or receive any items, in connection with such eventwinding-up. Failure Neither the failure to give such notice, or notice nor any defect therein, therein shall not affect the legality or validity of such eventthe proceedings referenced in clauses (a) through (c) of this Section 11.11.

Notice to Holders Prior to Certain Actions. In the event thatcase of any: (a) action by the Company shall declare or authorize any event which could result in one of its Subsidiaries that would require an adjustment in the Conversion Price under Rate pursuant to Section 1204 14.03 or require the execution of a supplemental indenture under Section 120514.10; or 73 (b) the Company shall authorize the granting to the holders of Common Stock generally of rights, options or warrants to subscribe for or purchase any shares of any class or series of Capital Stock of the Company or any Subsidiary or any other rights, options or warrants, the reclassification of Common Stock (other than a subdivision or combination of outstanding Common Stock, or a change in par value, or from par value to no par value, or from no par value to par value), the combination, consolidation or merger of the Company for which approval of any stockholders of the Company is required, the sale or transfer of all or substantially all of the assets of the Company or the voluntary or involuntary dissolution, liquidation or winding-up of the Company in whole or in partCompany; then, in each case (unless notice of such caseevent is otherwise required pursuant to another provision of this Indenture), the Company shall file or cause to be filed with the Trustee and shall give or cause the Conversion Agent (if other than the Trustee) and to be given delivered to each Holder, as promptly as possible but in any event at least 15 10 days prior to the applicable date hereinafter specified, a notice stating (i) the date on which a record is to be taken for the purpose of determining such action by the Company or one of its Subsidiaries or, if a record is not to be taken, the date as of which the holders of outstanding Common Stock entitled of record are to participate in be determined for the purposes of such eventaction by the Company or one of its Subsidiaries, or (ii) the date on which such event dissolution, liquidation or winding-up is expected to become effective or occur occur, and the date on as of which it is expected that holders of outstanding Common Stock of record shall be entitled to surrender exchange their sharesCommon Stock for securities or other property deliverable upon such dissolution, liquidation or receive any items, in connection with such eventwinding-up. Failure to give such notice, or any defect therein, shall not affect the legality or validity of such eventaction by the Company or one of its Subsidiaries, dissolution, liquidation or winding-up. Section 14.10.

Notice to Holders Prior to Certain Actions. In the event that: (a) the Company shall declare or authorize any event which could result in an adjustment in the Conversion Price under Section 1204 or require the execution of a supplemental indenture under Section 1205; or (b) the Company shall authorize the granting to the holders of Common Stock generally of rights, options or warrants to subscribe for or purchase any shares of any class or series of Capital Stock of the Company or any Subsidiary or any other rights, options or warrants, the reclassification of Common Stock (other than a subdivision or combination of outstanding Common Stock, or a change in par value, or from par value to no par value, or from no par value to par value), the combination, consolidation or merger of the Company for which approval of any stockholders of the Company is required, the sale or transfer of all or substantially all of the assets of the Company or the voluntary or involuntary dissolution, liquidation or winding-up of the Company in whole or in part; then, in each such case, the Company shall file or cause to be filed with the Trustee and shall give or cause to be given to each Holder, as promptly as possible but in any event at least 15 days prior to the applicable date hereinafter specified, a notice stating the date on which a record is to be taken for the purpose of determining the holders of outstanding Common Stock entitled to participate in such event, the date on which such event is expected to become effective or occur and the date on which it is expected that holders of outstanding Common Stock of record shall be entitled to surrender their shares, or receive any items, in connection with such event. Failure to give such notice, or any defect therein, shall not affect the legality or validity of such event.be