Common use of Settlement Upon Conversion Clause in Contracts

Settlement Upon Conversion. Except as described in this Section 4.13, we will not make any payment in cash or common stock or other adjustment for accrued and unpaid interest (including Additional Interest, if any) on any Securities when they are converted. If Securities are surrendered for conversion after the Close of Business on a Record Date for the payment of interest but prior to 9:00 a.m. New York City time on the corresponding Interest Payment Date, a Holder of such Securities at the Close of Business, on such Record Date will receive the interest payable on such Securities on the corresponding Interest Payment Date notwithstanding the conversion of those Securities prior to that Interest Payment Date, assuming such Holder was the holder of record of such Securities at the Close of Business on such Record Date; provided, however, that each Holder agrees, by accepting a Security, that if the Holder surrenders any Securities for conversion during such period, such Holder must pay the Company at the time such Holder surrenders its Securities for conversion interest (including Additional Interest) in accordance with the next sentence. Securities surrendered for conversion during the period from the Close of Business on any Record Date to 9:00 a.m., New York City time, on the immediately following Interest Payment Date, must be accompanied by funds equal to the amount of interest (including Additional Interest, if any) payable on such Interest Payment Date on the Securities so converted; provided that no such payment need be made (a) if the Company has specified a Fundamental Change Purchase Date in respect of the Securities that is after the Close of Business on a Record Date and on or prior to 9:00 a.m. New York City time on the corresponding Interest Payment Date; (b) in respect of any conversion which occurs after the Close of Business on the Record Date for the interest payment due on the Maturity Date and on or prior to the Maturity Date or (c) to the extent of any overdue interest, if any such amount exists at the time of conversion with respect to such Security.

Settlement Upon Conversion. Except as described in this Section 4.134.14 and in Section 4.10 hereof, we the Company will not make any payment in cash Cash or common stock Common Stock or other adjustment for accrued and unpaid interest (including Additional Interest, if any) on any Securities when they are converted. If Securities are surrendered for conversion after the Close of Business on a Record Date for the payment of interest but prior to 9:00 a.m. New York City time the Open of Business on the corresponding Interest Payment Date, a Holder of such Securities at the Close of Business, on such Record Date will receive the interest payable on such Securities on the corresponding Interest Payment Date notwithstanding the conversion of those Securities prior to that Interest Payment Date, assuming such Holder was the holder of record of such Securities at the Close of Business on such Record Date; provided, however, that each Holder agrees, by accepting a Security, that if the Holder surrenders any Securities for conversion during such period, such Holder must pay the Company at the time such Holder surrenders its Securities for conversion interest (including Additional Interest) in accordance with the next sentencesentence if such conversion occurs after April 15, 2011. Securities surrendered for conversion during the period from the Close of Business on any Record Date to 9:00 a.m., New York City time, the Open of Business on the immediately following Interest Payment Date, must be accompanied by funds equal to the amount of interest (including Additional Interest, if any) payable on such Interest Payment Date on the Securities so converted; provided that no such payment need be made (a) if the Company has specified a Fundamental Change Purchase Repurchase Date in respect of the Securities that is after the Close of Business on a Record Date and on or prior to 9:00 a.m. New York City time the Open of Business on the corresponding next Interest Payment Date; (b) in respect of any conversion which that occurs after the Close of Business on the Record Date for the interest payment due on the Maturity Date April 1, 2015 and on or prior to the Maturity Date or (c) to the extent of any overdue interest, if any such amount exists at the time of conversion with respect to such Security.

Settlement Upon Conversion. Except as described in (a) With respect to any conversion of Securities, if any, the Company shall, subject to the provisions of this Section 4.13Article 6, we will deliver to converting Holders a number of shares of Common Stock equal to the Applicable Conversion Rate multiplied by the Principal Amount of Securities being converted divided by $1,000. (b) Upon conversion, Holders shall not make receive any separate cash payment in cash or common stock or other adjustment for accrued and unpaid interest (including Additional Interest, if any) on any Securities when they are converted), except as described in this Section 6.03(b). If Securities are surrendered for conversion converted after the Close of Business on a Regular Record Date for the payment of interest but prior to 9:00 a.m. New York City time on the corresponding Interest Payment Dateinterest, a Holder Holders of such Securities at the Close of Business, Business on such Regular Record Date will receive the interest (including Additional Interest, if any) payable on such Securities on the corresponding Interest Payment Date notwithstanding the conversion of those Securities prior to that Interest Payment Date, assuming such Holder was the holder of record of such Securities at the Close of Business on such Record Date; provided, however, that each Holder agrees, by accepting a Security, that if the Holder surrenders any Securities for conversion during such period, such Holder must pay the Company at the time such Holder surrenders its Securities for conversion interest (including Additional Interest) in accordance with the next sentenceconversion. Securities surrendered for conversion during the period from the Close of Business on any Regular Record Date to 9:00 a.m., New York City time, the Open of Business on the immediately following Interest Payment Date, Date must be accompanied by funds equal to the amount of interest (including Additional Interest, if any) payable on such Interest Payment Date on for the Securities so converted; provided that no such payment need be made (ai) for conversions following the Regular Record Date immediately preceding the Stated Maturity; (ii) if the Company has specified a Redemption Date that is after a Regular Record Date on or prior to the corresponding Interest Payment Date; (iii) if the Company has specified a Fundamental Change Purchase Date in respect of the Securities that is after the Close of Business on a Regular Record Date and on or prior to 9:00 a.m. New York City time on the corresponding Interest Payment Date; (b) in respect of any conversion which occurs after the Close of Business on the Record Date for the interest payment due on the Maturity Date and on or prior to the Maturity Date or (civ) to the extent of any overdue interest, if any such amount overdue interest exists at the time of conversion with respect to such Security. (c) The Company shall not issue fractional shares upon conversion of the Securities. If multiple Securities shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion (and the number of fractional shares, if any, for which cash shall be delivered) shall be computed on the basis of the aggregate Principal Amount of the Securities (or specified portions thereof to the extent permitted hereby) so surrendered. If any fractional share would be issuable upon the conversion of any Securities, the Company shall make payment an amount in cash for the current market value of the fractional shares. The current market value of a fractional share shall be determined (calculated to the nearest 1/1000th of a share) by multiplying the Last Reported Sale Price on the relevant Conversion Date by such fractional share and rounding the product to the nearest whole cent. (d) By delivery to the Holder of the full number of shares of Common Stock, together with any cash payment for fractional shares, issuable upon conversion, the Company will be deemed to satisfy in full its obligation to pay the Principal Amount of the Securities and all accrued and unpaid interest (and Additional Interest, if any) to, but not including, the Conversion Date. Upon conversion of the Securities, all accrued and unpaid interest (and Additional Interest, if any) to, but not including, the Conversion Date will be deemed to be paid in full rather than canceled, extinguished or forfeited, unless such conversion occurs between a Regular Record Date and the Interest Payment Date to which it relates, in which case such payment shall be made to the Holder of the converted Securities as of the Close of Business on the Regular Record Date.

Settlement Upon Conversion. Except as described in this Section 4.13, we will not make any payment in cash or common stock or other adjustment for accrued and unpaid interest (including Additional Interest, if any) on any Securities when they are converted. If Securities are surrendered for conversion after the Close of Business on a Record Date for the payment of interest but prior to 9:00 a.m. a.m., New York City time on the corresponding Interest Payment Date, a Holder of such Securities at the Close of Business, on such Record Date will receive the interest payable on such Securities on the corresponding Interest Payment Date notwithstanding the conversion of those Securities prior to that Interest Payment Date, assuming such Holder was the holder of record of such Securities at the Close of Business on such Record Date; provided, however, that each Holder agrees, by accepting a Security, that if the Holder surrenders any Securities for conversion during such period, such Holder must pay the Company at the time such Holder surrenders its Securities for conversion interest (including Additional Interest) in accordance with the next sentence. Securities surrendered for conversion during the period from the Close of Business on any Record Date to 9:00 a.m., New York City time, on the immediately following Interest Payment Date, must be accompanied by funds equal to the amount of interest (including Additional Interest, if any) payable on such Interest Payment Date on the Securities so converted; provided that no such payment need be made (a) if the Company has specified a Fundamental Change Purchase Date in respect of the Securities that is after the Close of Business on a Record Date and on or prior to 9:00 a.m. a.m., New York City time on the corresponding Interest Payment Date; (b) in respect of any conversion which occurs after the Close of Business on the Record Date for the interest payment due on the Maturity Date and on or prior to the Maturity Date or (c) to the extent of any overdue interest, if any such amount exists at the time of conversion with respect to such Security.

Settlement Upon Conversion. Except as described in this Section 4.13, we will not make any payment in cash or common stock or other adjustment for accrued and unpaid interest (including Additional Interest, if any) on any Securities when they are converted. If Securities are surrendered for conversion after the Close of Business 5:00 p.m., New York City time, on a Record Date for the payment of interest but prior to 9:00 a.m. New York City time on the corresponding Interest Payment Date, a Holder of such Securities at the Close of Business5:00 p.m., New York City time, on such Record Date will receive the interest payable on such Securities on the corresponding Interest Payment Date notwithstanding the conversion of those Securities prior to that Interest Payment Dateconversion, assuming such Holder was the holder of record of such Securities at the Close of Business on such Record Date; provided, however, that each Holder agrees, by accepting a Security, that if the Holder surrenders any Securities for conversion during such period, such Holder must pay the Company at the time such Holder surrenders its Securities for conversion interest (including Additional Interest) in accordance with the next sentence. Securities surrendered for conversion during the period from the Close of Business 5:00 p.m., New York City time, on any Record Date to 9:00 a.m., New York City time, on the immediately following Interest Payment Date, must be accompanied by funds equal to the amount of interest (including Additional Interest, if any) payable on such Interest Payment Date on the Securities so converted; provided that no such payment need be made (a) if the Company has specified a Fundamental Change Purchase Date in respect of the Securities that is after the Close of Business on a Record Date and on or prior to 9:00 a.m. New York City time on the corresponding Interest Payment Date; (b) in respect of any conversion which occurs after the Close of Business on the Record Date for the interest payment due on the Maturity Date and on or prior to the Maturity Date April 1, 2014 or (c) to the extent of any overdue interest, if any such amount exists at the time of conversion with respect to such Security.

Settlement Upon Conversion. Except as described (a) With respect to any conversion of Notes, if any, the Company shall, subject to the provisions of this Article 6, deliver to converting Holders, in this respect of each $1,000 Principal Amount of Notes being converted, a number of shares of Common Stock equal to the Applicable Conversion Rate, on the third Trading Day immediately following the relevant Conversion Date, together with the Early Conversion Payment, if applicable, and cash in lieu of any fractional shares of Common Stock pursuant to Section 4.136.03(d). (b) Upon conversion, we will Holders shall not make receive any separate cash payment in cash or common stock or other adjustment for accrued and unpaid interest unless such conversion occurs between a Regular Record Date and the Interest Payment Date to which it relates and the converting Holder was the Holder on the relevant Regular Record Date. (including Additional Interest, if anyc) on any Securities when they If Notes are converted. If Securities are surrendered for conversion converted after the Close of Business on a Regular Record Date for the payment of interest but prior to 9:00 a.m. New York City time on the corresponding Interest Payment Dateinterest, a Holder Holders of such Securities Notes at the Close of Business, Business on such Regular Record Date will receive the interest payable on such Securities Notes on the corresponding Interest Payment Date notwithstanding the conversion of those Securities prior to that Interest Payment Date, assuming such Holder was the holder of record of such Securities at the Close of Business on such Record Date; provided, however, that each Holder agrees, by accepting a Security, that if the Holder surrenders any Securities for conversion during such period, such Holder must pay the Company at the time such Holder surrenders its Securities for conversion interest (including Additional Interest) in accordance with the next sentenceconversion. Securities Notes surrendered for conversion during the period from the Close of Business on any Regular Record Date to 9:00 a.m., New York City time, the Open of Business on the immediately following Interest Payment Date, must be accompanied by funds equal to the amount of interest (including Additional Interest, if any) payable on such Interest Payment Date on the Securities Notes so converted; provided that no such payment need be made (ai) for conversions following the Regular Record Date immediately preceding the Maturity Date; (ii) if the Company has specified a Fundamental Change Purchase Date in respect of the Securities that is after the Close of Business on a Regular Record Date and on or prior to 9:00 a.m. New York City time on the first Business Day immediately following the corresponding Interest Payment Date; (b) in respect of any conversion which occurs after the Close of Business on the Record Date for the interest payment due on the Maturity Date and on or prior to the Maturity Date or (ciii) to the extent of any overdue interest, if any such amount overdue interest exists at the time of conversion with respect to such SecurityNote. Therefore, for the avoidance of doubt, all Holders on the Regular Record Date immediately preceding the Maturity Date and Fundamental Change Repurchase Date described in clauses (i) and (ii) above will receive the full interest payment on the Maturity Date or other applicable Interest Payment Date regardless of whether their Notes have been converted following such Regular Record Date. (d) The Company shall not issue fractional shares upon conversion of Notes. If multiple Notes shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion (and the number of fractional shares, if any, for which cash shall be delivered) shall be computed on the basis of the aggregate Principal Amount of the Notes (or specified portions thereof to the extent permitted hereby) so surrendered. If any fractional share would be issuable upon the conversion of any Notes, the Company shall make payment an amount in cash for the current market value of the fractional shares. The current market value of a fractional share shall be determined (calculated to the nearest 1/1000th of a share) by multiplying the Last Reported Sale Price of the Common Stock on the relevant Conversion Date by such fractional share and rounding the product to the nearest whole cent. (e) By delivery to the Holder of the full number of shares of Common Stock, together with any cash payment for fractional shares and the Early Conversion Payment, if applicable, issuable upon conversion, the Company will be deemed to satisfy in full its obligation to pay the Principal Amount of the Notes and all accrued and unpaid interest to, but excluding, the Conversion Date. Upon conversion of the Notes, all accrued and unpaid interest to, but excluding, the Conversion Date will be deemed to be paid in full rather than canceled, extinguished or forfeited, subject to Section 6.03(c) above.

Settlement Upon Conversion. Except as described (a) Upon the conversion of Securities, the Company shall, subject to the provisions of this Article 6, deliver to converting Holders, in this Section 4.13respect of each $1,000 Principal Amount of Securities being converted, we will a number of shares of Common Stock equal to the applicable Conversion Rate. (b) Upon conversion, Holders shall not make receive any separate cash payment in cash or common stock or other adjustment for accrued and unpaid interest (interest, including Additional Interest and Special Interest, if any, unless such conversion occurs between a Record Date and the Interest Payment Date to which it relates. (c) on any Securities when they are converted. If Securities are surrendered for conversion converted after the Close of Business 5:00 p.m., New York City time, on a Record Date for the payment of interest but prior to 9:00 a.m. New York City time on the corresponding Interest Payment Dateinterest, a Holder Holders of such Securities at the Close of Business5:00 p.m., New York City time, on such Record Date will receive the interest and Additional Interest and Special Interest, if any, payable on such Securities on the corresponding Interest Payment Date notwithstanding the conversion of those Securities prior to that Interest Payment Date, assuming such Holder was the holder of record of such Securities at the Close of Business on such Record Date; provided, however, that each Holder agrees, by accepting a Security, that if the Holder surrenders any Securities for conversion during such period, such Holder must pay the Company at the time such Holder surrenders its Securities for conversion interest (including Additional Interest) in accordance with the next sentenceconversion. Securities surrendered for conversion pursuant to Section 6.01 during the period from the Close of Business 5:00 p.m., New York City time, on any Record Date to 9:00 a.m., New York City time, on the immediately following Interest Payment Date, must be accompanied by funds equal to the amount of interest (including and Additional Interest and Special Interest, if any) , payable on such Interest Payment Date on the Securities so converted; provided that no such payment need be made (ai) if the Company has specified a Fundamental Change Purchase Repurchase Date in respect of the Securities that is after the Close of Business on a Record Date and on or prior to 9:00 a.m. New York City time on the corresponding Interest Payment Date; (bii) in respect of any conversion which occurs after the Close of Business on the Record Date for the interest payment due on the Maturity Date March 15, 2012 and on or prior to the Maturity corresponding Interest Payment Date or (ciii) to the extent of any overdue interest, if any such amount overdue interest exists at the time of conversion with respect to such Security. (d) The Company shall not issue fractional shares of Common Stock upon conversion of Securities. If multiple Securities shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion shall be computed on the basis of the aggregate Principal Amount of the Securities (or specified portions thereof to the extent permitted hereby) so surrendered. If any fractional share of stock would be issuable upon the conversion of any Securities, the Company shall make payment therefor to the Holder of such Securities in cash equal to the fraction of a share of Common Stock otherwise issuable multiplied by the Daily VWAP for the Conversion Date, in the case of any conversion settled pursuant to Section 6.03(a), or for the last day of the Observation Period, in the case of any conversion settled pursuant to Section 6.03(b).

Settlement Upon Conversion. Except as described in this Section 4.13, we the Company will not make any payment in cash Cash or common stock Common Stock or other adjustment for accrued and unpaid interest (including Additional Interest, if any) on any Securities when they are converted. If Securities are surrendered for conversion after the Close of Business on a Record Date for the payment of interest but prior to 9:00 a.m. New York City time the Open of Business on the corresponding Interest Payment Date, a Holder of such Securities at the Close of Business, on such Record Date will receive the interest payable on such Securities on the corresponding Interest Payment Date notwithstanding the conversion of those Securities prior to that Interest Payment Date; provided , assuming such Holder was the holder of record of such Securities at the Close of Business on such Record Date; provided, howeverhowever , that each Holder agrees, by accepting a Security, that if the Holder surrenders any Securities for conversion during such period, such Holder must pay the Company at the time such Holder surrenders its Securities for conversion interest (including Additional Interest) in accordance with the next sentence. Securities surrendered for conversion during the period from the Close of Business on any Record Date to 9:00 a.m., New York City time, the Open of Business on the immediately following Interest Payment Date, must be accompanied by funds equal to the amount of interest (including Additional Interest, if any) payable on such Interest Payment Date on the Securities so converted; provided that no such payment need be made (a) if the Company has specified a Fundamental Change Purchase Repurchase Date in respect of the Securities that is after the Close of Business on a Record Date and on or prior to 9:00 a.m. New York City time the Open of Business on the corresponding next Interest Payment Date; or (b) in respect of any conversion which occurs after the Close of Business on the Record Date for the interest payment due on the Maturity Date and on or prior to the Maturity Date or (c) to the extent of any overdue interest, if any such amount exists at the time of conversion with respect to such Security.

Settlement Upon Conversion. Except as described in this Section 4.13, we will not make any payment in cash or common stock or other adjustment for accrued and unpaid interest (including Additional Interest, if any) on any Securities when they are converted. If Securities are surrendered for conversion after the Close of Business on a Record Date for the payment of interest but prior to 9:00 a.m. a.m., New York City time on the corresponding Interest Payment Date, a Holder of such Securities at the Close of Business, on such Record Date will receive the interest payable on such Securities on the corresponding Interest Payment Date notwithstanding the conversion of those Securities prior to that Interest Payment Date, assuming such Holder was the holder of record of such Securities at the Close of Business on such Record Date; provided, however, that each Holder agrees, by accepting a Security, that if the Holder surrenders any Securities for conversion during such period, such Holder ▇▇▇▇▇▇ must pay the Company at the time such Holder surrenders its Securities for conversion interest (including Additional Interest) in accordance with the next sentence. Securities surrendered for conversion during the period from the Close of Business on any Record Date to 9:00 a.m., New York City time, on the immediately following Interest Payment Date, must be accompanied by funds equal to the amount of interest (including Additional Interest, if any) payable on such Interest Payment Date on the Securities so converted; provided that no such payment need be made (a) if the Company has specified a Fundamental Change Purchase Date in respect of the Securities that is after the Close of Business on a Record Date and on or prior to 9:00 a.m. a.m., New York City time on the corresponding Interest Payment Date; (b) in respect of any conversion which occurs after the Close of Business on the Record Date for the interest payment due on the Maturity Date and on or prior to the Maturity Date or (c) to the extent of any overdue interest, if any such amount exists at the time of conversion with respect to such Security.