Common use of Special Provisions for Partial Calls Clause in Contracts

Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this Section 4.03, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, before the Close of Business on the 22nd Scheduled Trading Day (or, if, as described above, the Company irrevocably elects Physical Settlement for all conversions with a Conversion Date that occurs on or after the Redemption Notice Date and on or before the Business Day immediately before the related Redemption Date, the 10th calendar day) immediately before the Redemption Date for such Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Redemption, then such Holder or owner, as applicable, will be entitled to convert such Note or beneficial interest, as applicable, at any time before the Close of Business on the Business Day immediately before such Redemption Date, and each such conversion will be deemed to be of a Note called for Redemption for purposes of this Section 4.03, Sections 5.01(C)(i)(4) and 5.07, and the definition of “Make-Whole Fundamental Change.”

Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this Section 4.03, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, before the Close of Business on the 22nd forty second (42nd) Scheduled Trading Day (or, if, as described above, if the Company irrevocably elects Physical Settlement for all conversions with a Conversion Date that occurs on or after the related Redemption Notice Date and on or before the Business Day immediately before the related Related Redemption Date, the 10th tenth (10th) calendar day) immediately before the Redemption Date for such Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Redemption, then such Holder or owner, as applicable, will be entitled to convert such Note or beneficial interest, as applicable, at any time before the Close of Business on the Business Day immediately before such Redemption Date, and each such conversion will be deemed to be of a Note called for Redemption for purposes of this Section 4.03, 4.03 and Sections 5.01(C)(i)(45.01(C)(iii) and 5.07, and . The Trustee shall have no obligation to make any determination in connection with the definition of “Make-Whole Fundamental Changeforegoing.”

Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this Section 4.03, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, before the Close of Business on the 22nd [ l ]11 ([ l ]) Scheduled Trading Day (or, if, as described above, if the Company irrevocably elects Physical Settlement for all conversions with a Conversion Date that occurs on or after the related Redemption Notice Date and on or before the Business Day immediately before the related Related Redemption Date, the 10th tenth (10th) calendar day) immediately before the Redemption Date for such Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Redemption, then such Holder or owner, as applicable, will be entitled to convert such Note or beneficial interest, as applicable, at any time before the Close of Business on the Business Day immediately before such Redemption Date, and each such conversion will be deemed to be of a Note called for Redemption for purposes of this Section 4.03, 4.03 and Sections 5.01(C)(i)(45.01(C)(iii) and 5.07, and . The Trustee shall have no obligation to make any determination in connection with the definition of “Make-Whole Fundamental Changeforegoing. 11 NTD: Observation period plus two.”

Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this Section 4.03, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, before the Close of Business on the 22nd forty-second (42nd) Scheduled Trading Day (or, if, as described above, if the Company irrevocably elects Physical Settlement for all conversions with a Conversion Date that occurs on or after the related Redemption Notice Date and on or before the Business Day immediately before the related Related Redemption Date, the 10th tenth (10th) calendar day) immediately before the Redemption Date for such Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Redemption, then such Holder or owner, as applicable, will be entitled to convert such Note or beneficial interest, as applicable, at any time before the Close of Business on the Business Day immediately before such Redemption Date, and each such conversion will be deemed to be of a Note called for Redemption for purposes of this Section 4.03, 4.03 and Sections 5.01(C)(i)(45.01(C)(iii) and 5.07, and . The Trustee shall have no obligation to make any determination in connection with the definition of “Make-Whole Fundamental Changeforegoing.”