Common use of Revocation and Effect of Consents Clause in Contracts

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a holder of a Convertible Note is a continuing consent by the holder and every subsequent holder of a Convertible Note or portion of a Convertible Note that evidences the same debt as the consenting holder’s Convertible Note, even if notation of the consent is not made on any Convertible Note. However, any such holder or subsequent holder may revoke the consent as to his or her Convertible Note or portion of a Convertible Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the holders of the requisite principal amount of Convertible Notes have consented to the amendment or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes entitled to consent to any amendment or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons who were holders of Convertible Notes at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons continue to be holders after such record date.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder Noteholder of a Convertible Note Security is a continuing consent by the holder Noteholder and every subsequent holder Noteholder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt as the consenting holder’s Convertible NoteNoteholder's Security, even if notation of the consent is not made on any Convertible NoteSecurity. However, any such holder Noteholder or subsequent holder Noteholder may revoke the consent as to his or her Convertible Note such Noteholder's Security or portion of a Convertible Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Noteholders of the requisite principal amount of Convertible Notes Securities have consented to the amendment amendment, supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Noteholders entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons who were holders of Convertible Notes Noteholders at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be holders Noteholders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Noteholders of the principal amount of Securities required hereunder or such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder of a Convertible Note Holder is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt as the consenting holder’s Convertible NoteHolder's Security, even if notation of the consent is not made on any Convertible Notesuch Security. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note Security or portion of a Convertible Note Security if the Trustee receives the written notice of revocation before the date on which the Trustee receives an Officers’ Officer's Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes Securities have consented to the amendment amendment, supplement or waiver. Such amendment, waiver or supplement, as the case may be, shall be effective upon receipt by the Trustee of such Officer's Certificate. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then notwithstanding the provisions last two sentences of the immediately preceding paragraph, those persons Persons who were holders Holders at the close of Convertible Notes at business on such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. All Holders that consent to such modification, waiver or action in the manner and within the time period requested shall be entitled to receive the consideration, if any, offered for such consent.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a holder of a Convertible Note Holder is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note that Security or portion of a Convertible Note that Security that evidences the same debt as the consenting holder’s Convertible NoteHolder's Security, even if notation of the consent is not made on any Convertible NoteSecurity. HoweverSubject to the following paragraph, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note such Holder's Security or portion of a Convertible Note if such Security by written notice to the Trustee receives or the notice of revocation Company received before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes Securities have consented (and not theretofore revoked such consent) to the amendment amendment, supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then then, notwithstanding the provisions last sentence of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder Noteholder of a Convertible Note Security is a continuing consent by the holder Noteholder and every subsequent holder Noteholder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt as the consenting holder’s Convertible NoteNoteholder's Security, even if notation of the consent is not made on any Convertible NoteSecurity. However, any such holder Noteholder or subsequent holder Noteholder may revoke the consent as to his or her Convertible Note such Noteholder's Security or portion of a Convertible Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Noteholders of the requisite principal amount of Convertible Notes Securities have consented to the amendment amendment, supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Noteholders entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons who were holders of Convertible Notes Noteholders at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be holders Noteholders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Noteholders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder Holder of a Convertible Note is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note or portion of a Convertible Note that evidences the same debt as the consenting holder’s Convertible Holder's Note, even if notation of the consent is not made on any Convertible Note. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note or portion of a Convertible Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Officer's Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes have consented to the amendment amendment, supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Holders of the principal amount of Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until to an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder Holder of a Convertible Note is a continuing consent by shall bind the holder Holder and every subsequent holder Holder of a Convertible Note or portion of a Convertible Note that evidences the same debt as the consenting holderHolder’s Convertible Note, even if notation of the consent is not made on any Convertible Note. However, until an amendment, supplement or waiver becomes effective, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note or portion of a Convertible Note if Note. For such revocation to be effective, the Trustee receives must receive the notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the holders of the requisite principal amount of Convertible Notes have consented to the amendment amendment, supplement or waiverwaiver becomes effective. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment or waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at such date as the Company may designate. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consent from the Holders of the principal amount of Notes required hereunder for such amendment or waiver to be effective also shall have been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until A consent to an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder Holder of a Convertible Note is a continuing consent by shall bind the holder Holder and every subsequent holder Holder of a Convertible Note or portion of a Convertible Note that evidences the same debt as the consenting holderHolder’s Convertible Note, even if notation of the consent is not made on any Convertible Note. However, until an amendment, supplement or waiver becomes effective, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note or portion of a Convertible Note if Note. For such revocation to be effective, the Trustee receives must receive the notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the holders of the requisite principal amount of Convertible Notes have consented to the amendment amendment, supplement or waiverwaiver becomes effective. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment or waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at such date as the Company may designate. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consent from the Holders of the principal amount of Notes required hereunder for such amendment or waiver to be effective also shall have been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a holder Holder of a Convertible Note Security is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt as the consenting holder’s Convertible NoteHolder's Security, even if notation of the consent is not made on any Convertible NoteSecurity. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note Security or portion of a Convertible Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes Securities of the applicable Series have consented (and not theretofore revoked such consent) to the amendment or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment amendment, supplement or waiver, which record date shall be the date so fixed by the Company, notwithstanding the provisions of the TIA. If a record date is fixed, then notwithstanding the provisions last sentence of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date (date, and only those Persons ( or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously givengiven (up to the time such consent becomes non-revocable in accordance with such sentence), whether or not such persons Persons continue to be holders Holders after such record date.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder Noteholder of a Convertible Note Security is a continuing consent by the holder Noteholder and every subsequent holder Noteholder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt as the consenting holder’s Convertible NoteNoteholder's Security, even if notation of the consent is not made on any Convertible NoteSecurity. However, any such holder Noteholder or subsequent holder Noteholder may revoke the consent as to his or her Convertible Note such Noteholder's Security or portion of a Convertible Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Noteholders of the requisite principal amount of Convertible Notes Securities have consented to the amendment amendment, supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Noteholders entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons who were holders of Convertible Notes Noteholders at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be holders Noteholders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Noteholders of the principal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a holder Holder of a Convertible Note Security is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt as the consenting holder’s Convertible NoteHolder's Security, even if notation of the consent is not made on any Convertible NoteSecurity. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note Security or portion of a Convertible Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes Securities have consented to the amendment or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons continue to be holders Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Holders of the principal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a holder of a Convertible Note Holder is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note that Security or portion of a Convertible Note that Security that evidences the same debt as the consenting holder’s Convertible NoteHolder's Security, even if notation of the consent is not made on any Convertible NoteSecurity. HoweverSubject to the following paragraph, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note such Holder's Security or portion of a Convertible Note if such Security by notice to the Trustee receives or the notice of revocation Company received before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes Securities have consented (and not theretofore revoked such consent) to the amendment amendment, supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then then, notwithstanding the provisions last sentence of the immediately preceding paragraph, those persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be holders Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date.

Revocation and Effect of Consents. Until A consent to an amendment (which includes a supplement) or waiver becomes effective, a consent to it by a holder of a Convertible Note Holder is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt as the consenting holderHolder’s Convertible NoteSecurity, even if notation of the consent is not made on any Convertible NoteSecurity. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note Security or portion of a Convertible Note Security if the Trustee receives the written notice of revocation before at any time prior to (but not after) the date on which the Trustee receives an Officers’ Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes Securities have consented (and not theretofore revoked such consent) to the amendment amendment, supplement or waiver. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment or waiverwaiver or to take any other action under this Indenture. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Holders of the principal amount of the Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment (which includes any supplement) or waiver becomes effective, a consent to it by a holder of a Convertible Note Holder is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt as the consenting holder’s Convertible NoteHolder's Security, even if notation of the consent is not made on any Convertible NoteSecurity. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note Security or portion of a Convertible Note Security if the Trustee receives the written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the holders of the requisite principal amount of Convertible Notes have consented to the amendment or waiverwaiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment or waiverwaiver or to take any other action under this Indenture. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Holders of the principal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder Securityholder of a Convertible Note Security is a continuing consent by the holder Securityholder and every subsequent holder Securityholder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt as the consenting holderSecurityholder’s Convertible NoteSecurity, even if notation of the consent is not made on any Convertible NoteSecurity. However, any such holder Securityholder or subsequent holder Securityholder may revoke the consent as to his or her Convertible Note such Securityholder’s Security or portion of a Convertible Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the holders Securityholders of the requisite principal amount of Convertible Notes Securities have consented to the amendment amendment, supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Securityholders entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons who were holders of Convertible Notes Securityholders at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be holders Securityholders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Securityholders of the principal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder Holder of a Convertible Note Security is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt as the consenting holder’s Convertible NoteHolder's Security, even if notation of the consent is not made on any Convertible NoteSecurity. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note Security or portion of a Convertible Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes Securities of the applicable Series have consented (and not theretofore revoked such consent) to the amendment amendment, supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment amendment, supplement or waiver, which record date shall be the date so fixed by the Company, notwithstanding the provisions of the TIA. If a record date is fixed, then notwithstanding the provisions last sentence of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date date, and only those Persons (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously givengiven (up to the time such consent becomes non-revocable in accordance with such sentence), whether or not such persons Persons continue to be holders Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date unless the consent of the requisite number of Holders has been obtained.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it such amendment, supplement or waiver by a holder Holder of a Convertible Note Security is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt Indebtedness as the consenting holder’s Convertible NoteHolder's Security, even if notation of the consent is not made on any Convertible NoteSecurity. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note Security or portion of a Convertible Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount Principal Amount of Convertible Notes Securities of each affected series have consented to the amendment amendment, supplement or waiverwaiver (or before such later date as may be required by law or stock exchange rule). The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment amendment, supplement or waiverwaiver permitted by this Indenture. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be holders Holders after such record date. No consent of a Holder of a series of Securities shall be valid or effective for more than 90 days after such record date unless consents from Holders of the Principal Amount of Securities of such series required hereunder for such amendment, supplement or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder Holder of a Convertible Note is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note or portion of a Convertible Note that evidences the same debt Indebtedness as the consenting holder’s Convertible Holder's Note, even if notation of the consent is not made on any Convertible Note. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note or portion of a Convertible Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Officer's Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes have consented to the amendment or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders Holders of Convertible Notes entitled to consent to any amendment or waiver. If a record date is fixed, then then, notwithstanding the provisions of the immediately preceding paragraph, those persons Persons who were holders Holders of Convertible Notes at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders of Notes after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Holders of the principal amount of Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder Holder of a Convertible Note is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note or portion of a Convertible Note that evidences the same debt Indebtedness as the consenting holder’s Convertible Holder's Note, even if notation of the consent is not made on any Convertible Note. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note or portion of a Convertible Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes have consented to the amendment or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders Holders of Convertible Notes entitled to consent to any amendment or waiver. If a record date is fixed, then then, notwithstanding the provisions of the immediately preceding paragraph, those persons Persons who were holders Holders of Convertible Notes at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders of Notes after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Holders of the principal amount of Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until the earlier of the time that an amendment or waiver becomes effectiveeffective or for a period of 90 days from the date the consent was given, a consent to it an amendment or waiver by a holder Holder of a Convertible 1997 Note is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible 1997 Note or portion of a Convertible 1997 Note that evidences the same debt as the consenting holder’s Convertible Holder's Note, even if notation of the consent is not made on any Convertible 1997 Note. However, any Any such holder Holder or subsequent holder may Holder may, however, revoke the its consent as to his or her Convertible its 1997 Note or portion of a Convertible 1997 Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount of Convertible 1997 Notes have consented to the amendment or waiverwaiver (or before such later date as may be required by law or stock exchange rule). The Company Trustee may, but shall not be obligated toupon written direction of the Company, or as otherwise required hereunder or by Applicable Law, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Holders of the aggregate principal amount of 1997 Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder Holder of a Convertible Note Security is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt Indebtedness as the consenting holder’s Convertible NoteHolder's Security, even if notation of the consent is not made on any Convertible NoteSecurity. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note Security or portion of a Convertible Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Officer's Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes Securities have consented to the amendment or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Securities entitled to consent to any amendment or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Securities at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders of Securities after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Holders of the principal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder of a Convertible Note Security is a continuing consent by the holder Noteholder and every subsequent holder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt as the consenting holder’s Convertible Note's Security, even if notation of the consent is not made on any Convertible NoteSecurity. However, any such holder Noteholder or subsequent holder Noteholder may revoke the consent as to his or her Convertible Note such holder's Security or portion of a Convertible Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders of the requisite principal amount of Convertible Notes Securities have consented to the amendment amendment, supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Noteholders entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons who were holders of Convertible Notes Noteholders at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be holders Noteholders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from holders of the principal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. (a) Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder of a Convertible Note Holder is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note or portion of a Convertible Note that evidences the same debt Indebtedness as the consenting holder’s Convertible Holder's Note, even if notation of the consent is not made on any Convertible Note. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note or portion of a Convertible Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes have consented to the amendment or waiver. . (b) The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders Holders of Convertible Notes entitled to consent to any amendment or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons Persons who were holders Holders of Convertible Notes at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders of Notes after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Holders of the principal amount of Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until A consent to an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder Holder of a Convertible Note is a continuing consent by shall bind the holder Holder and every subsequent holder Holder of a Convertible Note or portion of a Convertible Note that evidences the same debt as the consenting holder’s Convertible Holder's Note, even if notation of the consent is not made on any Convertible Note. However, until an amendment, supplement or waiver becomes effective, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note or portion of a Convertible Note if Note. For such revocation to be effective, the Trustee receives must receive the notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the holders of the requisite principal amount of Convertible Notes have consented to the amendment amendment, supplement or waiverwaiver becomes effective. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment or waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at such date as the Company may designate. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consent from the Holders of the principal amount of Notes required hereunder for such amendment or waiver to be effective also shall have been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a holder of a Convertible Note Holder is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt as the consenting holder’s Convertible NoteHolder's Security, even if notation of the consent is not made on any Convertible Notesuch Security. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note Security or portion of a Convertible Note Security if the Trustee receives the written notice of revocation before the date on which the Trustee receives an Officers’ Officer's Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes Securities have consented to the amendment amendment, supplement or waiver. Such amendment, waiver or supplement, as the case may be, shall be effective upon receipt by the Trustee of such Officer's Certificate. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then notwithstanding the provisions last two sentences of the immediately preceding paragraph, those persons Persons who were holders Holders at the close of Convertible Notes at business on such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. All Holders that consent to such modification, waiver or action in the manner and within the time period requested shall be entitled to receive the consideration, if any, offered for such consent.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder Noteholder of a Convertible Note Security is a continuing consent by the holder Noteholder and every subsequent holder Noteholder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt as the consenting holderNoteholder’s Convertible NoteSecurity, even if notation of the consent is not made on any Convertible NoteSecurity. However, any such holder Noteholder or subsequent holder Noteholder may revoke the consent as to his or her Convertible Note such Noteholder’s Security or portion of a Convertible Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the holders Noteholders of the requisite principal amount of Convertible Notes Securities have consented to the amendment amendment, supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Noteholders entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons who were holders of Convertible Notes Noteholders at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be holders Noteholders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Noteholders of the principal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder Holder of a Convertible Note Security of any series is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt as the consenting holder’s Convertible NoteHolder's Security, even if notation of the consent is not made on any Convertible NoteSecurity. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note Security or portion of a Convertible Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes Securities have consented to the amendment or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders Holders of Convertible Notes Securities of any series entitled to consent to any amendment or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Securities of such series at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Holders of the principal amount of Securities of such series required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a holder Holder of a Convertible Note is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note or portion of a Convertible Note that evidences the same debt Indebtedness as the consenting holder’s Convertible ▇▇▇▇▇▇'s Note, even if notation of the consent is not made on any Convertible Note. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note or portion of a Convertible Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes have consented to the amendment or waiverwaiver (or before such later date as may be required by law or stock exchange rule). The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons continue to be holders Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Holders of the principal amount of Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a holder of a Convertible Note Holder is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt as the consenting holder’s Convertible NoteHolder's Security, even if notation of the consent is not made on any Convertible NoteSecurity. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note Security or portion of a Convertible Note if his Security by notice to the Trustee receives or the notice of revocation Company received before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes Securities have consented (and not theretofore revoked such consent) to the amendment amendment, supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then notwithstanding the provisions last sentence of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder of a Convertible Note Noteholder is a continuing consent by the holder Noteholder and every subsequent holder Noteholder of a Convertible Note or portion of a Convertible Note that evidences the same debt as the consenting holder’s Convertible Noteholder's Note, even if notation of the consent is not made on any Convertible Note. However, any such holder Noteholder or subsequent holder Noteholder may revoke the consent as to his or her Convertible such Noteholder's Note or portion of a Convertible Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Noteholders of the requisite principal amount of Convertible Notes have consented to the amendment amendment, supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Noteholders entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons who were holders of Convertible Notes Noteholders at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be holders Noteholders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Noteholders of the principal amount of Notes required hereunder or such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder of a Convertible Note Holder is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible that Note or portion of a Convertible that Note that evidences the same debt as the consenting holder’s Convertible Holder's Note, even if notation of the consent is not made on any Convertible Note. HoweverSubject to the following paragraph, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible such Holder's Note or portion of a Convertible such Note if by notice to the Trustee receives or the notice of revocation Company received by the Trustee or the Company, as the case may be, before the date on which the Trustee receives an Officers’ ' Certificate certifying that 110 the holders Holders of the requisite principal amount of Convertible Notes have consented (and not theretofore revoked such consent) to the amendment amendment, supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then then, notwithstanding the provisions last sentence of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date. No such consent shall be valid or effective for more than 180 days after such record date.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder Holder of a Convertible Note Security of any series is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt as the consenting holder’s Convertible NoteHolder's Security, even if notation of the consent is not made on any Convertible NoteSecurity. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note Security or portion of a Convertible Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes Securities have consented to the amendment or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders Holders of Convertible Notes Securities of any series entitled to consent to any amendment or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Securities of such series at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Holders of the principal amount of Securities of such series required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a holder of a Convertible Note is a continuing consent by the holder and every subsequent holder of a Convertible Note or portion of a Convertible Note that evidences the same debt as the consenting holder’s Convertible 's Note, even if notation of the consent is not made on any Convertible Note. However, any such holder or subsequent holder may revoke the consent as to his or her Convertible Note or portion of a Convertible Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders of the requisite principal amount of Convertible Notes have consented to the amendment or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes entitled to consent to any amendment or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from holders of the principal amount of Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it such amendment, supplement or waiver by a holder Holder of a Convertible Note is a continuing consent by Security shall bind the holder Holder and every subsequent holder Holder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt as the consenting holder▇▇▇▇▇▇’s Convertible NoteSecurity, even if notation of the consent is not made on any Convertible NoteSecurity. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note Security or portion of a Convertible Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the holders of the requisite principal amount of Convertible Notes have consented to the amendment amendment, supplement or waiverwaiver becomes effective. The Company may, but shall not be obligated to, fix set a record date for the purpose of determining the holders identity of Convertible Notes Holders entitled to consent to any amendment amendment, supplement or waiverwaiver permitted by this Indenture. If a record date is fixed, then notwithstanding the provisions Holders of the immediately preceding paragraph, those persons who were holders of Convertible Notes at Securities outstanding on such record date (or their duly designated proxies)date, and only those personsno other Holders, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be holders Holders remain Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Holders of the principal amount of the Securities required hereunder for such amendment, supplement or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder Holder of a Convertible Note is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note or portion of a Convertible Note that evidences the same debt as the consenting holder’s Convertible ▇▇▇▇▇▇'s Note, even if notation of the consent is not made on any Convertible Note. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note or portion of a Convertible Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes have consented to the amendment amendment, supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Holders of the principal amount of Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a holder of a Convertible Senior Note is a continuing consent by the holder and every subsequent holder holder, of a Convertible Senior Note or portion of a Convertible Senior Note that evidences the same debt as the consenting holder’s Convertible 's Senior Note, even if notation of the consent is not made on any Convertible Senior Note. However, any such holder or subsequent holder may revoke the consent as to his or her Convertible Senior Note or portion of a Convertible Senior Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders of the requisite principal amount of Convertible Senior Notes have consented to the amendment or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes entitled to consent to any amendment or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons who were holders of Convertible Notes at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons continue to be holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from holders of the principal amount of Senior Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder of a Convertible Note is a continuing consent by the holder and every subsequent holder of a Convertible Note or portion of a Convertible Note that evidences the same debt as the consenting holder’s Convertible 's Note, even if notation of the consent is not made on any Convertible Note. However, any such holder or subsequent holder may revoke the consent as to his or her Convertible Note or portion of a Convertible Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders of the requisite aggregate principal amount of Convertible then outstanding Notes have consented to the amendment amendment, supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons who were holders of Convertible Notes at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from holders of the aggregate principal amount of Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder Holder of a Convertible Note Debenture is a continuing consent by the holder Holder of a Debenture and every subsequent holder Holder of a Convertible Note Debenture or portion of a Convertible Note Debenture that evidences the same debt as the consenting holder’s Convertible NoteHolder's Debenture, even if notation of the consent is not made on any Convertible NoteDebenture. However, any such holder Holder of a Debenture or subsequent holder Holder of a Debenture may revoke the consent as to his or her Convertible Note or portion of a Convertible Note its Debenture if the Trustee receives the written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the holders of the requisite principal amount of Convertible Notes have consented to the waiver, supplement or amendment becomes effective. An amendment, supplement or waiverwaiver becomes effective in accordance with its terms and thereafter binds every Holder. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then then, notwithstanding the provisions last two sentences of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those persons, Persons shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a holder Holder of a Convertible Note Security is a continuing consent by the holder Holder and every subsequent holder subse- 907, 1001 ▇▇▇▇▇ ▇▇▇▇▇▇ of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt as the consenting holder’s Convertible NoteHolder's Security, even if notation of the consent is not made on any Convertible NoteSecurity. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note Security or portion of a Convertible Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes Securities have consented to the amendment or waiver. After an amendment or waiver becomes effective, it shall bind every Holder of each series of Securities affected by such amendment or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons continue to be holders Holders after such record date.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder Holder of a Convertible Note is a continuing consent by the holder Holder of a Note and every subsequent holder Holder of a Convertible Note or portion of a Convertible Note that evidences the same debt as the consenting holder’s Convertible Holder's Note, even if notation of the consent is not made on any Convertible Note. However, any such holder Holder of a Note or subsequent holder Holder of a Note may revoke the consent as to his or her Convertible Note or portion of a Convertible its Note if the Trustee or Collateral Agent, as applicable, receives the written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the holders of the requisite principal amount of Convertible Notes have consented to the waiver, supplement or amendment becomes effective. An amendment, supplement or waiverwaiver becomes effective in accordance with its terms and thereafter binds every Holder. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment amendment, supplement, or waiver. If a record date is fixed, then then, notwithstanding the provisions of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those personssuch Persons, shall be entitled to consent to such amendment amendment, supplement, or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a holder of a Convertible Note Holder is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible that Note or portion of a Convertible that Note that evidences the same debt as the consenting holder’s Convertible Holder's Note, even if notation of the consent is not made on any Convertible Note. HoweverSubject to the following paragraph, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible such Holder's Note or portion of a Convertible such Note if by notice to the Trustee receives or the notice of revocation Company received before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes have consented (and not theretofore revoked such consent) to the amendment amendment, supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then then, notwithstanding the provisions last sentence of the immediately preceding paragraph, those persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be holders Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder Securityholder of a Convertible Note Security is a continuing consent by the holder Securityholder and every subsequent holder Securityholder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt as the consenting holder’s Convertible NoteSecurityholder's Security, even if notation of the consent is not made on any Convertible NoteSecurity. However, any such holder Securityholder or subsequent holder Securityholder may revoke the consent as to his or her Convertible Note such Securityholder's Security or portion of a Convertible Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Securityholders of the requisite principal amount of Convertible Notes Securities have consented to the amendment amendment, supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Securityholders entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons who were holders of Convertible Notes Securityholders at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be holders Securityholders after such record date.. No consent shall be valid or effective for more than 90 days after such record date unless consents from Securityholders of the principal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period. After an amendment, supplement or waiver becomes effective it shall bind every Securityholder, unless it is of the type described in any of clauses (a) through (i) of Section 11.02

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder Securityholder of a Convertible Note Security is a continuing consent by the holder Securityholder and every subsequent holder Securityholder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt as the consenting holder’s Convertible NoteSecurityholder's Security, even if notation of the consent is not made on any Convertible NoteSecurity. However, any such holder Securityholder or subsequent holder Securityholder may revoke the consent as to his or her Convertible Note such Holder's Security or portion of a Convertible Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Securityholders of the requisite principal amount of Convertible Notes Securities have consented to the amendment amendment, supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Securityholders entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons who were holders of Convertible Notes Securityholders at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be holders Securityholders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Securityholders of the principal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until to an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder Holder of a Convertible Note is a continuing consent by shall bind the holder Holder and every subsequent holder Holder of a Convertible Note or portion of a Convertible Note that evidences the same debt as the consenting holder’s Convertible Holder's Note, even if notation of the consent is not made on any Convertible Note. However, until an amendment, supplement or waiver becomes effective, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note or portion of a Convertible Note if Note. For such revocation to be effective, the Trustee receives must receive the notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the holders of the requisite principal amount of Convertible Notes have consented to the amendment amendment, supplement or waiverwaiver becomes effective. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment or waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at such date as the Company may designate. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consent from the Holders of the principal amount of Notes required hereunder for such amendment or waiver to be effective also shall have been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a holder of a Convertible Note Holder is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note or portion of a Convertible Note that evidences the same debt as the consenting holderHolder’s Convertible Note, even if notation of the consent is not made on any Convertible Note. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note or portion of a Convertible his Note if by written notice to the Trustee receives or the notice of revocation Company received before the date on which the Trustee receives an Officers’ Officer’s Certificate of the Company certifying that the holders Holders of the requisite principal amount of Convertible Notes have consented (and not theretofore revoked such consent) to the amendment amendment, supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then notwithstanding the provisions last sentence of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date.. No such consent shall be valid or effective

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it such amendment, supplement or waiver by a holder Holder of a Convertible Note Security is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt Indebtedness as the consenting holder’s Convertible Note▇▇▇▇▇▇'s Security, even if notation of the consent is not made on any Convertible NoteSecurity. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note Security or portion of a Convertible Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount Principal Amount of Convertible Notes Securities of each affected series have consented to the amendment amendment, supplement or waiverwaiver (or before such later date as may be required by law or stock exchange rule). The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment amendment, supplement or waiverwaiver permitted by this Indenture. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be holders Holders after such record date. No consent of a Holder of a series of Securities shall be valid or effective for more than 90 days after such record date unless consents from Holders of the Principal Amount of Securities of such series required hereunder for such amendment, supplement or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment (which includes any supplement) or waiver becomes effective, a consent to it by a holder of a Convertible Note Holder is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt as the consenting holderHolder’s Convertible NoteSecurity, even if notation of the consent is not made on any Convertible NoteSecurity. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note Security or portion of a Convertible Note Security if the Trustee receives the written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the holders of the requisite principal amount of Convertible Notes have consented to the amendment or waiverwaiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment or waiverwaiver or to take any other action under this Indenture. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Holders of the principal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a holder of a Convertible Note Holder is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note that Security or portion of a Convertible Note that Security that evidences the same debt as the consenting holderHolder’s Convertible NoteSecurity, even if notation of the consent is not made on any Convertible NoteSecurity. HoweverSubject to the following paragraph, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note such Holder’s Security or portion of a Convertible Note if such Security by notice to the Trustee receives or the notice of revocation Company received before the date on which the Trustee receives an Officers’ Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes Securities have consented (and not theretofore revoked such consent) to the amendment amendment, supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then then, notwithstanding the provisions last sentence of the immediately preceding paragraph, those persons who were holders Holders of Convertible Notes Securities at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be holders Holders of such Securities after such record date. No such consent shall be valid or effective for more than 90 days after such record date.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a holder Holder of a Convertible Note is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note or portion of a Convertible Note that evidences the same debt Indebtedness as the consenting holder’s Convertible Holder's Note, even if notation of the consent is not made on any Convertible Note. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note or portion of a Convertible Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes have consented to the amendment or waiverwaiver (or before such later date as may be required by law or stock exchange rule). The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons continue to be holders Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Holders of the principal amount of Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a holder Holder of a Convertible Note Security is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt as the consenting holder’s Convertible Note▇▇▇▇▇▇'s Security, even if notation of the consent is not made on any Convertible NoteSecurity. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note Security or portion of a Convertible Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes Securities have consented to the amendment or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons continue to be holders Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Holders of the principal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, supplemental indenture or waiver becomes effective, a consent to it by a holder Holder of a Convertible Note Debenture is a continuing consent by the holder such Holder and every subsequent holder Holder of a Convertible Note Debenture or portion of a Convertible Note Debenture that evidences the same debt as the such consenting holder’s Convertible NoteHolder's Debenture, even if notation of the consent is not made on any Convertible NoteDebenture. However, prior to becoming effective, any such holder Holder or subsequent holder Holder may revoke the consent as to his its Debentures or her Convertible Note or a portion of a Convertible Note thereof if the Trustee receives the written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the holders consent of Holders of the requisite aggregate principal amount of Convertible Notes have consented to the amendment or waiverDebentures then outstanding has been obtained and not revoked. The Company may, but shall not be obligated to, fix a record date pursuant to Section 12.1 for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Holders of the principal amount of Debentures required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a holder of a Convertible Note Holder is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt as the consenting holder’s Convertible NoteHolder's Security, even if notation of the consent is not made on any Convertible NoteSecurity. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note Security or portion of a Convertible Note if his Security by notice to the Trustee receives or the notice of revocation Company received before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes Securities have consented (and not theretofore revoked such consent) to the amendment amendment, supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then notwithstanding the provisions last sentence of the immediately preceding paragraph, those persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons continue to be holders Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder of a Convertible Note is a continuing consent by the holder and every subsequent holder of a Convertible Note or portion of a Convertible Note that evidences the same debt as the consenting holder’s Convertible 's Note, even if notation of the consent is not made on any Convertible Note. However, any such holder or subsequent holder may revoke the consent as to his or her Convertible Note or portion of a Convertible Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders of the requisite aggregate principal amount of Convertible then outstanding Notes have consented to the amendment amendment, supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons who were holders of Convertible Notes at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be holders after such record date. No consent shall be valid or effective for more than 120 days after such record date unless consents from holders of the aggregate principal amount of Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 120-day period.

Revocation and Effect of Consents. Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a holder of a Convertible Note Holder is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note or portion of a Convertible Note that evidences the same debt as the consenting holder’s Convertible Holder's Note, even if notation of the consent is not made on any Convertible Note. HoweverSubject to the following paragraph, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible such Holder's Note or portion of a Convertible such Note if by notice to the Trustee receives or the notice of revocation Company received before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes have consented to the amendment or waiver. The Company may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment amendment, supplement or waiver. If a record date Record Date is fixed, then notwithstanding the provisions second sentence of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date Record Date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record dateRecord Date. No such consent shall be valid or effective for more than 90 days after such Record Date unless consents from Holders of the requisite percentage in principal amount of outstanding Notes required hereunder for the effectiveness of such consents shall have also been given and not revoked within such 90 day period.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a holder of a Convertible Subordinated Note is a continuing consent by the holder and every subsequent holder of a Convertible Subordinated Note or portion of a Convertible Subordinated Note that evidences the same debt as the consenting holder’s Convertible Subordinated Note, even if notation of the consent is not made on any Convertible Subordinated Note. However, any such holder or subsequent holder may revoke the consent as to his or her Convertible Subordinated Note or portion of a Convertible Subordinated Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the holders of the requisite principal amount of Convertible Subordinated Notes have consented to the amendment or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Subordinated Notes entitled to consent to any amendment or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons who were holders of Convertible Subordinated Notes at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons continue to be holders after such record date.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder of a Convertible Note Holder is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt as the consenting holder’s Convertible NoteHolder's Security, even if notation of the consent is not made on any Convertible NoteSecurity. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note Security or portion of a Convertible Note Security if the Trustee receives the written notice of revocation before a date and time therefor identified by the Company or any Guarantor in a notice furnished to such Holder in accordance with the terms of this Indenture or, if no such date and time shall be identified, the date on which the Trustee receives an Officers’ Certificate certifying that the holders of the requisite principal amount of Convertible Notes have consented to the amendment amendment, supplement or waiverwaiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Company or any Guarantor may, but shall not be obligated to, fix a record date (which need not comply with TIA Section 316(c)) for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment amendment, supplement or waiverwaiver or to take any other action under this Indenture. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Holders of the principal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a holder of a Convertible Note Holder is a continuing consent by the holder such Holder and every subsequent holder Holder of a Convertible Note Debenture or portion of a Convertible Note Debenture that evidences the same debt as the consenting holderHolder’s Convertible NoteDebenture, even if notation of the consent is not made on any Convertible NoteDebenture. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note Debenture or portion of a Convertible Note Debenture if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Officer’s Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes Debentures have consented to the amendment or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders Holders of Convertible Notes Debentures entitled to consent to any amendment or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons Persons who were holders Holders of Convertible Notes Debentures at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Holders of the principal amount of Debentures required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder of a Convertible Note Holder is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note that Security or portion of a Convertible Note that Security that evidences the same debt as the consenting holder’s Convertible NoteHolder's Security, even if notation of the consent is not made on any Convertible NoteSecurity. HoweverSubject to the following paragraph, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note such Holder's Security or portion of a Convertible Note if such Security by notice to the Trustee receives or the notice of revocation Company received before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes Securities have consented (and not theretofore revoked such consent) to the amendment amendment, supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders Holders of Convertible Notes Securities entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then then, notwithstanding the provisions last sentence of the immediately preceding paragraph, those persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons continue to be holders Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a holder of a Senior Convertible Note is a continuing consent by the holder and every subsequent holder of a Senior Convertible Note or portion of a Senior Convertible Note that evidences the same debt as the consenting holder’s 's Senior Convertible Note, even if notation of the consent is not made on any Senior Convertible Note. However, any such holder or subsequent holder may revoke the consent as to his or her Senior Convertible Note or portion of a Senior Convertible Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders of the requisite principal amount of Senior Convertible Notes have consented to the amendment or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Senior Convertible Notes entitled to consent to any amendment or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons who were holders of Senior Convertible Notes at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons continue to be holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from holders of the principal amount of Senior Convertible Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment a modification, amendment, supplement, waiver or waiver other action becomes effective, a consent to it by a holder Holder of a Convertible Note is a continuing consent by the holder conclusive and binding upon such Holder and every subsequent holder Holder of a Convertible the same Note or portion thereof, and of a Convertible any Note that evidences issued upon the same debt as the consenting holder’s Convertible Notetransfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any Convertible such Note. However, any Any 89 -81- such holder Holder or subsequent holder Holder, however, may revoke the consent as to his or her Convertible Note or portion of a Convertible Note Note, if the Trustee receives the written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the holders of the requisite principal amount of Convertible Notes have consented to the amendment modification, amendment, supplement, waiver or waiverother action becomes effective. The Company may, but shall not be he obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment modification, amendment, supplement, or waiver. If a record date is fixed, then then, notwithstanding the provisions of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those personssuch Persons, shall be entitled to consent to such amendment modification, amendment, supplement, or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date unless the consent of the requisite number of Holders has been obtained.

Revocation and Effect of Consents. Until an amendment amendment, --------------------------------- supplement or waiver becomes effective, a consent to it by a holder Noteholder of a Convertible Note Security is a continuing consent by the holder Noteholder and every subsequent holder Noteholder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt as the consenting holder’s Convertible NoteNoteholder's Security, even if notation of the consent is not made on any Convertible NoteSecurity. However, any such holder Noteholder or subsequent holder Noteholder may revoke the consent as to his or her Convertible Note Security or portion of a Convertible Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Noteholders of the requisite principal amount of Convertible Notes Securities have consented to the amendment amendment, supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Noteholders entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons who were holders of Convertible Notes Noteholders at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be holders Noteholders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Noteholders of the principal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a holder Holder of a Convertible Note is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note or portion of a Convertible Note that evidences the same debt as the consenting holderHolder’s Convertible Note, even if notation of the consent is not made on any Convertible Note. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note or portion of a Convertible Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Officer’s Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes have consented to the amendment or waiver. After an amendment or waiver becomes effective, it shall bind every Holder of each Note affected by such amendment or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons continue to be holders Holders after such record date.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder Holder of a Convertible Note is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note or portion of a Convertible Note that evidences the same debt Indebtedness as the consenting holder’s Convertible Holder's Note, even if notation of the consent is not made on any Convertible Note. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note or portion of a Convertible Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Officer's Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes have consented to the amendment or waiver. The Company Holdings may, but shall not be obligated to, fix a record date for the purpose of determining the holders Holders of Convertible Notes entitled to consent to any amendment or waiver. If a record date is fixed, then then, notwithstanding the provisions of the immediately preceding paragraph, those persons Persons who were holders Holders of Convertible Notes at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders of Notes after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Holders of the principal amount of Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder Holder of a Convertible Note Security of any series is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt as the consenting holder’s Convertible NoteHolder's Security, even if notation of the consent is not made on any Convertible NoteSecurity. However, any such holder Holder or subsequent holder may revoke the consent as to his or her Convertible Note Security or portion of a Convertible Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes Securities have consented to the amendment or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders Holders of Convertible Notes Securities of any series entitled to consent to any amendment or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Securities of such series at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Holders of the principal amount of Securities of such series required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder Holder of a Convertible Note Security is a continuing consent by the holder Holder and every subsequent holder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt Indebtedness as the consenting holder’s Convertible NoteHolder's Security, even if notation of the consent is not made on any Convertible NoteSecurity. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note Security or portion of a Convertible Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Officer's Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes Securities have consented to the amendment or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Securities entitled to consent to any amendment or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Securities at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders of Securities after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Holders of the principal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, direction or waiver becomes effective, a consent to it by a holder Holder of a Convertible Note Security is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt as the consenting holder’s Convertible Note▇▇▇▇▇▇'s Security, even if notation of the consent is not made on any Convertible NoteSecurity. However, except as otherwise provided in a consent, direction or waiver, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note such Holder's Security or portion of a Convertible Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the holders of the requisite principal amount of Convertible Notes have consented to the amendment amendment, direction or waiverwaiver becomes effective. An amendment, direction or waiver becomes effective in accordance with its terms and thereafter binds every Securityholder. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Securityholders entitled to give their consent to or take any amendment or waiverother action described above. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons who were holders of Convertible Notes Securityholders at such record date (or their duly designated proxies), and only those persons, shall be entitled to give such consent to such amendment or waiver or to revoke any consent previously givengiven or to take any such action, whether or not such persons continue to be holders Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a holder of a Convertible Note Holder is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note that Security or portion of a Convertible Note that Security that evidences the same debt as the consenting holder’s Convertible NoteHolder's Security, even if notation of the consent is not made on any Convertible NoteSecurity. HoweverSubject to the following paragraph, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note such Holder's Security or portion of a Convertible Note if such Security by notice to the Trustee receives or the notice of revocation Company received before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. An amendment or waiverwaiver becomes effective upon the execution of such amendment or waiver by the Trustee. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders Holders of Convertible Notes Securities entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then then, notwithstanding the provisions last sentence of the immediately preceding paragraph, those persons who were holders Holders of Convertible Notes Securities at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be holders Holders of such Securities after such record date. No such consent shall be valid or effective for more than 90 days after such record date.

Revocation and Effect of Consents. Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a holder of a Convertible Note Holder is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt as the consenting holderHolder’s Convertible NoteSecurity, even if notation of the consent is not made on any Convertible NoteSecurity. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note Security or portion of a Convertible Note if his Security by notice to the Trustee receives or the notice of revocation Company received before the date on which the Trustee receives an Officers’ Certificate of the Company certifying that the holders Holders of the requisite principal amount of Convertible Notes Securities have consented (and not theretofore revoked such consent) to the amendment amendment, supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then notwithstanding the provisions last sentence of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a holder Holder of a Convertible Note is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note or portion of a Convertible Note that evidences the same debt as the consenting holder’s Convertible Holder's Note, even if notation of the consent is not made on any Convertible Note. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note or portion of a Convertible Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes have consented to the amendment or waiverwaiver (or before such later date as may be required by law or securities exchange rule). The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Holders of the principal amount of Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a holder of a Convertible Note Holder is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt as the consenting holder’s Convertible NoteHolder's Security, even if notation of the consent is not made on any Convertible NoteSecurity. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note Security or portion of a Convertible Note Security by written notice to the Company or Person designated by the Company as the Person to whom contents should be sent if such revocation is received by the Trustee receives the notice of revocation Company or such person before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes Securities have consented to the amendment supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment amendment, supplement or waiverwaiver which record date shall be the date so fixed by the Company notwithstanding the provisions of the TIA. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), ) and only those personsPersons, shall be entitled to ▇▇▇▇▇▇▇▇.▇▇ consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder Noteholder of a Convertible Note is a continuing consent by the holder Noteholder and every subsequent holder Noteholder of a Convertible Note or portion of a Convertible Note that evidences the same debt as the consenting holder’s Convertible Noteholder's Note, even if notation of the consent is not made on any Convertible Note. However, any such holder Noteholder or subsequent holder Noteholder may revoke the consent as to his or her Convertible such Noteholder's Note or portion of a Convertible Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Noteholders of the requisite principal amount of Convertible Notes have consented to the amendment amendment, supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Noteholders entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons who were holders of Convertible Notes Noteholders at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be holders Noteholders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Noteholders of the principal amount of Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a holder of a Convertible Note Holder is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible that Note or portion of a Convertible that Note that evidences the same debt as the consenting holder’s Convertible Holder's Note, even if notation of the consent is not made on any Convertible Notenote. HoweverSubject to the following paragraph, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible such Holder's Note or portion of a Convertible such Note if by notice to the Trustee receives or the notice of revocation Company received before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes have consented (and not theretofor revoked such consent) to the amendment amendment, supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then then, notwithstanding the provisions last sentence of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date.

Revocation and Effect of Consents. Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a holder of a Convertible Note Holder is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note or portion of a Convertible Note that evidences the same debt as the consenting holderHolder’s Convertible Note, even if notation of the consent is not made on any Convertible Note. HoweverSubject to the following paragraph, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible such Holder’s Note or portion of a Convertible such Note if by notice to the Trustee receives or the notice of revocation Issuer received before the date on which the Trustee receives an Officers’ Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes have consented (and not theretofore revoked such consent) to the amendment amendment, supplement or waiver. An amendment, supplement or waiver becomes effective upon receipt by the Trustee of such Officers’ Certificate and evidence of consent by the Holders of the requisite percentage in principal amount of outstanding Notes. The Company Issuer may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment amendment, supplement or waiver, which Record Date shall be at least 30 days prior to the first solicitation of such consent. If a record date Record Date is fixed, then notwithstanding the provisions second sentence of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date Record Date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record dateRecord Date. No such consent shall be valid or effective for more than 90 days after such Record Date unless consents from Holders of the requisite percentage in principal amount of outstanding Notes required under this Second Supplemental Indenture for the effectiveness of such consents shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a holder Holder of a Convertible Note Security is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt as the consenting holder’s Convertible NoteHolder's Security, even if notation of the consent is not made on any Convertible NoteSecurity. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note Security or portion of a Convertible Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes Securities have consented to the amendment or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons continue to be holders Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Holders of the principal amount of Securities required hereunder for such amendment or 63 77 waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder Holder of a Convertible Note Security is a continuing consent by the holder Holder and every subsequent holder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt Indebtedness as the consenting holder’s Convertible NoteHolder's Security, even if notation of the consent is not made on any Convertible NoteSecurity. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note Security or portion of a Convertible Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Officer's Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes Securities have consented to the amendment or waiver. , The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Securities entitled to consent to any amendment or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Securities at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders of Securities after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Holders of the principal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder Holder of a Convertible Note is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note or portion of a Convertible Note that evidences the same debt Indebtedness as the consenting holder’s Convertible Holder's Note, even if notation of the consent is not made on any Convertible Note. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note or portion of a Convertible Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes have consented to the amendment or waiver. The Company Services may, but shall not be obligated to, fix a record date for the purpose of determining the holders Holders of Convertible Notes entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then then, notwithstanding the provisions of the immediately preceding paragraph, those persons Persons who were holders Holders of Convertible Notes at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders of Notes after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Holders of the principal amount of Notes required hereunder for such amendment, supplement or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, --------------------------------- supplement or waiver becomes effective, a consent to it by a holder Noteholder of a Convertible Note is a continuing consent by the holder Noteholder and every subsequent holder Noteholder of a Convertible Note or portion of a Convertible Note that evidences the same debt as the consenting holder’s Noteholder's Convertible Note, even if notation of the consent is not made on any Convertible Note. However, any such holder Noteholder or subsequent holder Noteholder may revoke the consent as to his or her such Noteholder's Convertible Note or portion of a Convertible Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Officer's Certificate certifying that the holders Noteholders of the requisite principal amount of Convertible Notes have consented to the amendment amendment, supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Noteholders entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons who were holders of Convertible Notes Noteholders at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be holders Noteholders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Noteholders of the principal amount of Convertible Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a holder of a Convertible Note Holder is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note or portion of a Convertible Note that evidences the same debt as the consenting holderHolder’s Convertible Note, even if notation of the consent is not made on any Convertible Note. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note or portion of a Convertible his Note if by notice to the Trustee receives or the notice of revocation Issuer received before the date on which the Trustee and the Security Agent receives an Officers’ Officer’s Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes have consented (and not theretofore revoked such consent) to the amendment amendment, supplement or waiver. The Company Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment amendment, supplement or waiver, which record date shall be prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the provisions last sentence of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a holder Holder of a Convertible Note Security is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt as the consenting holder’s Convertible NoteHold▇▇'▇ ▇ecurity, even if notation of the consent is not made on any Convertible NoteSecurity. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note Security or portion of a Convertible Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes Securities have consented to the amendment or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons continue to be holders Holders after such record date. No consent shall be valid or 61 72 effective for more than 90 days after such record date unless consents from Holders of the principal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a holder of a Convertible Note Securities is a continuing consent by the holder and every subsequent holder of a Convertible Note Securities or portion of a Convertible Note Securities that evidences the same debt as the consenting holder’s Convertible Note's Security, even if notation of the consent is not made on any Convertible NoteSecurity. However, any such holder or subsequent holder may revoke the consent as to his or her Convertible Note Security or portion of a Convertible Note Securities if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders of the requisite principal amount of Convertible Notes Securities have consented to the amendment or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Securities entitled to consent to any amendment or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons who were holders of Convertible Notes Securities at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons continue to be holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents extending such period shall have also have been given by holders of the principal amount of Securities required hereunder for such amendment or waiver and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a holder of a Convertible Note Holder is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note that Security or portion of a Convertible Note that Security that evidences the same debt as the consenting holder’s Convertible NoteHolder's Security, even if notation of the consent is not made on any Convertible NoteSecurity. HoweverSubject to the following paragraph, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note such Holder's Security or portion of a Convertible Note if such Security by notice to the Trustee receives or the notice of revocation Company received before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes Securities have consented (and not theretofore revoked such consent) to the amendment amendment, supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then then, notwithstanding the provisions last sentence of the immediately preceding paragraph, those persons who were holders Holders of Convertible Notes Securities at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be holders Holders of such Securities after such record date. No such consent shall be valid or effective for more than 90 days after such record date.

Revocation and Effect of Consents. Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a holder of a Convertible Note Holder is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note or portion of a Convertible Note that evidences the same debt as the consenting holder’s Convertible Holder's Note, even if notation of the consent is not made on any Convertible Note. HoweverSubject to the following paragraph, any such holder Holder or subsequent holder subse- ▇▇▇▇▇ ▇▇▇▇▇▇ may revoke the consent as to his or her Convertible such Holder's Note or portion of a Convertible such Note if by notice to the Trustee receives or the notice of revocation Company received before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes have consented (and not theretofore revoked such consent) to the amendment amendment, supplement or waiver. An amendment, supplement or waiver becomes effective upon receipt by the Trustee of such Officers' Certificate and evidence of consent by the Holders of the requisite percentage in principal amount of outstanding Notes. The Company may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment amendment, supplement or waiver. If a record date Record Date is fixed, then notwithstanding the provisions second sentence of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date Record Date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record dateRecord Date. No such consent shall be valid or effective for more than 90 days after such Record Date unless consents from Holders of the requisite percentage in principal amount of outstanding Notes required hereunder for the effectiveness of such consents shall have also been given and not revoked within such 90 day period.

Revocation and Effect of Consents. Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a holder of a Convertible Note Holder is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note or portion of a Convertible Note that evidences the same debt as the consenting holder’s Convertible Holder's Note, even if notation of the consent is not made on any Convertible Note. HoweverSubject to the following paragraph, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible such Holder's Note or portion of a Convertible such Note if by notice to the Trustee receives or the notice of revocation Company received before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes have consented (and not theretofore revoked such consent) to the amendment amendment, supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the provisions last sentence of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons continue to be holders after such record date.Persons

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder of a Convertible Note Holder is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note that Security or portion of a Convertible Note that Security that evidences the same debt as the consenting holder’s Convertible NoteHolder's Security, even if notation of the consent is not made on any Convertible NoteSecurity. HoweverSubject to the following paragraph, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note such Holder's Security or portion of a Convertible Note if such Security by notice to the Trustee receives or the notice of revocation Company received before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes Securities have consented (and not theretofore revoked such consent) to the amendment amendment, supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then then, notwithstanding the provisions last sentence of the immediately preceding paragraph, those persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be holders Holders of such Securities after such record date. No such consent shall be valid or effective for more than 90 days after such record date.

Revocation and Effect of Consents. Until an amendment amendment, supplemental indenture or waiver becomes effective, a consent to it by a holder Holder of a Convertible Note Debenture is a continuing consent by the holder such Holder and every subsequent holder Holder of a Convertible Note Debenture or portion of a Convertible Note Debenture that evidences the same debt as the such consenting holder’s Convertible Note▇▇▇▇▇▇'s Debenture, even if notation of the consent is not made on any Convertible NoteDebenture. However, prior to becoming effective, any such holder Holder or subsequent holder Holder may revoke the consent as to his its Debentures or her Convertible Note or a portion of a Convertible Note thereof if the Trustee receives the written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the holders consent of Holders of the requisite aggregate principal amount of Convertible Notes have consented to the amendment or waiverDebentures has been obtained and not revoked. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Holders of the principal amount of Debentures required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a holder of a Convertible Note Holder is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt as the consenting holder’s Convertible NoteHolder's Security, even if notation of the consent is not made on any Convertible Notesuch Security. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note Security or portion of a Convertible Note Security if the Trustee receives the written notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes Securities have consented to the amendment amendment, supplement or waiver. Such amendment, waiver or supplement, as the case may be, shall be effective upon receipt by the Trustee of such Officers' Certificate. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then notwithstanding the provisions last two sentences of the immediately preceding paragraph, those persons Persons who were holders Holders at the close of Convertible Notes at business on such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. All Holders that consent to such modification, waiver or action in the manner and within the time period requested shall be entitled to receive the consideration, if any, offered for such consent.

Revocation and Effect of Consents. Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a holder of a Convertible Note Holder is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt as the consenting holder’s Convertible NoteHolder's Security, even if notation of the consent is not made on any Convertible NoteSecurity. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note Security or portion of a Convertible Note Security by written notice to the Company or Person designated by the Company as the Person to whom contents should be sent if such revocation is received by the Trustee receives the notice of revocation Company or such person before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes Securities have consented to the amendment supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment amendment, supplement or waiverwaiver which record date shall be the date so fixed by the Company notwithstanding the provisions of the TIA. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), ) and only those personsPersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder Holder of a Convertible Note Debenture is a continuing consent by the holder Holder of a Debenture and every subsequent holder Holder of a Convertible Note Debenture or portion of a Convertible Note Debenture that evidences the same debt as the consenting holder’s Convertible NoteHolder's Debenture, even if notation of the consent is not made on any Convertible NoteDebenture. However, any such holder Holder of a Debenture or subsequent holder Holder of a Debenture may revoke the consent as to his or her Convertible Note or portion of a Convertible Note its Debenture if the Trustee receives the written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the holders of the requisite principal amount of Convertible Notes have consented to the waiver, supplement or amendment becomes effective. An amendment, supplement or waiverwaiver becomes effective in accordance with its terms and thereafter binds every Holder. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment amendment, supplement or waiverwaiver which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those persons, Persons shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Company shall inform the Trustee in writing of the fixed record date, if applicable.

Revocation and Effect of Consents. Until an amendment amendment, --------------------------------- supplement or waiver becomes effective, a consent to it by a holder Noteholder of a Convertible Note is a continuing consent by the holder Noteholder and every subsequent holder Noteholder of a Convertible Note or portion of a Convertible Note that evidences the same debt as the consenting holder’s Convertible Noteholder's Note, even if notation of the consent is not made on any Convertible Note. However, any such holder Noteholder or subsequent holder Noteholder may revoke the consent as to his or her Convertible such Noteholder's Note or portion of a Convertible Note if the Trustee receives the written notice of revocation at least one business day before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Noteholders of the requisite principal amount of Convertible Notes have consented to the amendment amendment, supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Noteholders entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Noteholders at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Noteholders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Noteholders of the principal amount of Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a holder of a Convertible Note Holder is a continuing consent by the holder Holder and every subsequent holder of a Convertible Note Holder or portion of a Convertible Secured Note that evidences the same debt as the consenting holder’s Holder's Convertible Secured Note, even if notation of the consent is not made on any Convertible Secured Note. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Secured Note or portion of a Convertible Secured Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount of Convertible Secured Notes have consented to the amendment or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons continue to be holders Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Holders of the principal amount of Convertible Secured Notes required here under for such amendment or waiver to be effective shall have also been given and not revoked within such 90 day period.

Revocation and Effect of Consents. Until an amendment (which includes any supplement) or waiver becomes effective, a consent to it by a holder Holder of a Convertible Note Security is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible Note Security or portion of a Convertible Note Security that evidences the same debt as the consenting holder’s Convertible NoteHolder's Security, even if notation of the consent is not made on any Convertible NoteSecurity. However, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note Security or portion of a Convertible Note Security if the Subordinated Debenture Trustee receives the written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the holders of the requisite principal amount of Convertible Notes have consented to the amendment or waiverwaiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Holders of the principal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a holder of a Convertible Subordinated Note is a continuing consent by the holder and every subsequent holder of a Convertible Subordinated Note or portion of a Convertible Subordinated Note that evidences the same debt as the consenting holder’s 's Convertible Subordinated Note, even if notation of the consent is not made on any Convertible Subordinated Note. However, any such holder or subsequent holder may revoke the consent as to his or her Convertible Subordinated Note or portion of a Convertible Subordinated Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders of the requisite principal amount of Convertible Subordinated Notes have consented to the amendment or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Subordinated Notes entitled to consent to any amendment or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons who were holders of Convertible Subordinated Notes at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons continue to be holders after such record date.

Revocation and Effect of Consents. Until A consent to an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder Holder of a Convertible Note is a continuing consent by shall bind the holder Holder and every subsequent holder Holder of a Convertible Note or portion of a Convertible Note that evidences the same debt as the consenting holderHolder’s Convertible Note, even if notation of the consent is not made on any Convertible Note. However, until an amendment, supplement or waiver becomes effective, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible Note or portion of a Convertible Note if Note. For such revocation to be effective, the Trustee receives must receive the notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the holders of the requisite principal amount of Convertible Notes have consented to the amendment amendment, supplement or waiverwaiver becomes effective. The Company Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment or waiver. If the Issuer elects to fix a record date for such purpose, the record date shall be fixed at such date as the Issuer may designate. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consent from the Holders of the principal amount of Notes required hereunder for such amendment or waiver to be effective also shall have been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, supplement, waiver or waiver other action becomes effective, a consent to it by a holder Securityholder of a Convertible Note Security is a continuing consent by the holder conclusive and binding upon such Securityholder and every subsequent holder Securityholder of a Convertible Note the same Security or portion thereof, and of a Convertible Note that evidences any Security issued upon the same debt as the consenting holder’s Convertible Notetransfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any Convertible Notesuch Security. However, any Any such holder Securityholder or subsequent holder Securityholder may not revoke the consent as to his or her Convertible Note Security or portion of a Convertible Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the holders of the requisite principal amount of Convertible Notes have consented to the amendment or waiverSecurity. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Securityholders entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then then, notwithstanding the provisions of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Securityholders at such record date (or their duly designated proxies), and only those personssuch Persons, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously givenwaiver, whether or not such persons Persons continue to be holders Securityholders after such record date.. No such consent shall be valid or effective for more than 180 days after such record date. Such record date shall be the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Securityholders furnished to the Trustee pursuant to Section 5.01. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Securityholder. ARTICLE ELEVEN

Revocation and Effect of Consents. Until an amendment amendment, --------------------------------- supplement or waiver becomes effective, a consent to it by a holder Noteholder of a Convertible Note is a continuing consent by the holder Noteholder and every subsequent holder Noteholder of a Convertible Note or portion of a Convertible Note that evidences the same debt as the consenting holder’s Convertible Noteholder's Note, even if notation of the consent is not made on any Convertible Note. However, any such holder Noteholder or subsequent holder Noteholder may revoke the consent as to his or her Convertible such Noteholder's Note or portion of a Convertible Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Noteholders of the requisite principal amount of Convertible Notes have consented to the amendment amendment, supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Noteholders entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those persons who were holders of Convertible Notes Noteholders at such record date (or their duly designated proxies), and only those persons, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be holders Noteholders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Noteholders of the principal amount of Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a holder Holder of a Convertible Note is a continuing consent by the holder Holder of a Note and every subsequent holder Holder of a Convertible Note or portion of a Convertible Note that evidences the same debt as the consenting holder’s Convertible Holder's Note, even if notation of the consent is not made on any Convertible Note. However, any such holder Holder of a Note or subsequent holder Holder of a Note may revoke the consent as to his or her Convertible Note or portion of a Convertible its Note if the Trustee receives the written notice of revocation before the date on which the waiver, supplement or amendment has been approved by the requisite Holders. An amendment, supplement or waiver becomes effective when approved by the requisite Holders and executed by the Trustee receives an Officers’ Certificate certifying that the holders of the requisite principal amount of Convertible Notes have consented to the amendment (or, if otherwise provided in such waiver, supplement or waiveramendment, in accordance with its terms) and thereafter binds every Holder. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then notwithstanding the provisions last sentence of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date.. No consent shall be valid or effective for more than 90 days after such record date except to the extent that the requisite number of consents to the amendment,

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a holder of a Convertible Note Holder is a continuing consent by the holder Holder and every subsequent holder Holder of a Convertible that Note or portion of a Convertible that Note that evidences the same debt as the consenting holder’s Convertible Holder's Note, even if notation of the consent is not made on any Convertible Notenote. HoweverSubject to the following paragraph, any such holder Holder or subsequent holder Holder may revoke the consent as to his or her Convertible such Holder's Note or portion of a Convertible such Note if by notice to the Trustee receives or the notice of revocation Company received before the date on which the Trustee receives an Officers’ ' Certificate certifying that the holders Holders of the requisite principal amount of Convertible Notes have consented (and not theretofore revoked such consent) to the amendment amendment, supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the holders of Convertible Notes Holders entitled to consent to any amendment amendment, supplement or waiver. If a record date is fixed, then then, notwithstanding the provisions last sentence of the immediately preceding paragraph, those persons Persons who were holders of Convertible Notes Holders at such record date (or their duly designated proxies), and only those personsPersons, shall be entitled to consent to such amendment amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be holders Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date.