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

Notice to Holders Prior to Certain Actions. In case of any: (a) action by the Company or one of its Subsidiaries that would require an adjustment in the Conversion Rate pursuant to Section 14.05 or Section 14.12; (b) Specified Corporate Event; or (c) voluntary or involuntary dissolution, liquidation or winding-up of the Company; then, in each case (unless notice of such event is otherwise required pursuant to another provision of this Agreement) and to the extent applicable, the Company shall cause to be filed with the Representative and the Conversion Agent (if other than the Representative) and to be delivered to each Holder at its address appearing on the Note Register, as promptly as practicable but in any event at least 20 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 such action by the Company or, if a record is not to be taken, the date as of which the holders of Common Stock of record are to be determined for the purposes of such action by the Company or (ii) the date on which such Specified Corporate Event, dissolution, liquidation or winding-up is expected to become effective or occur, and the date as of which it is expected that holders of Common Stock of record shall be entitled to exchange their Common Stock for securities or other property deliverable upon such Specified Corporate Event, dissolution, liquidation or winding up. Failure to give such notice, or any defect therein,

Notice to Holders Prior to Certain Actions. In case of any: any (a) action by the Company Issuer or one of its Subsidiaries that would require an adjustment in the Conversion Rate pursuant to Section 14.05 13.03 or Section 14.12; 13.04 or (b) Specified Corporate Event; or (c) voluntary or involuntary dissolution, liquidation or winding-up of the Company; Issuer, then, in each case (unless notice of such event is otherwise required pursuant to another provision of this Agreement) and to the extent applicableIndenture), the Company Issuer shall cause to be filed with the Representative Trustee and the Conversion Agent (if other than the RepresentativeTrustee) and to be delivered to each Holder at its address appearing on the Note RegisterHolder, as promptly as practicable but in any event at least 20 days prior to the applicable date hereinafter specifiedpossible, a notice stating (i) the date on which a record is to be taken for the purpose of such action by the Company Issuer or one of its Subsidiaries or, if a record is not to be taken, the date as of which the holders of Common Stock Shares of record are to be determined for the purposes of such action by the Company Issuer or one of its Subsidiaries, or (ii) the date on which such Specified Corporate Event, dissolution, liquidation or winding-up is expected to become effective or occur, and the date as of which it is expected that holders of Common Stock Shares of record shall be entitled to exchange their Common Stock Shares for securities or other property deliverable upon such Specified Corporate Event, dissolution, liquidation or winding winding-up. Failure to give such notice, or any defect therein,, shall not affect the legality or validity of such action by the Issuer or one of its Subsidiaries, dissolution, liquidation or winding-up.

Notice to Holders Prior to Certain Actions. In case of any: (a) action by the Company or one of its Subsidiaries that would require an adjustment in the Conversion Rate pursuant to Section 14.05 or Section 14.12; (b) Specified Corporate Event; or (c) voluntary or involuntary dissolution, liquidation or winding-up of the Company; then, in each case (unless notice of such event is otherwise required pursuant to another provision of this Agreement) and to the extent applicable, the Company shall cause to be filed with the Representative and the Conversion Agent (if other than the Representative) and to be delivered to each Holder at its address appearing on the Note Register, as promptly as practicable but in any event at least 20 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 such action by the Company or, if a record is not to be taken, the date as of which the holders of Common Stock of record are to be determined for the purposes of such action by the Company or (ii) the date on which such Specified Corporate Event, dissolution, liquidation or winding-up is expected to become effective or occur, and the date as of which it is expected that holders of Common Stock of record shall be entitled to exchange their Common Stock for securities or other property deliverable upon such Specified Corporate Event, dissolution, liquidation or winding up. Failure to give such notice, or any defect therein,, shall not affect the legality or validity of such action by the Company or one of its Subsidiaries, Specified Corporate Event, dissolution, liquidation or winding-up. Section 14.12