Common use of Special Settlement Provisions Clause in Contracts

Special Settlement Provisions. (1) Notwithstanding Sections 4.04 (a) through (e) hereof, if a Conversion Rate adjustment becomes effective on any Ex-Date, and a Holder that has converted its Notes on or after such Ex-Date and on or prior to the related Regular Record Date would be treated as the record holder of shares of Common Stock as of the related Conversion Date based on an adjusted Conversion Rate for such Ex-Date, then, notwithstanding the foregoing Conversion Rate adjustment provisions, the Conversion Rate adjustment relating to such Ex-Date will not be made for such converting Holder. Instead, such Holder will be treated as if such Holder were the record owner of the shares of Common Stock on an unadjusted basis and participate in the related dividend, distribution or other event giving rise to such adjustment. (2) If the Issuer issues rights, options or warrants that are only exercisable upon the occurrence of certain triggering events, and upon conversion of the Notes converting Holders will be entitled to receive such rights, options or warrants in respect of any shares of Common Stock delivered upon conversion, then the Conversion Rate shall not be adjusted pursuant to any of Sections 4.04(a) through (e) hereof until the earliest of these triggering events occurs.