Whole Fundamental Change. The Board of Directors will make appropriate adjustments, in its good faith determination, to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the Ex-Dividend Date or Record Date of the event occurs, during such five consecutive Trading Day period.
Whole Fundamental Change. In the event that a conversion during a Redemption Period would also be deemed to be in connection with a Make-Whole Fundamental Change or in connection with another Redemption Period, a Holder of Notes to be converted will be entitled to a single increase to the Conversion Rate with respect to the first to occur of the earliest applicable Redemption Notice Date and the Effective Date of any applicable Make-Whole Fundamental Change, and the later event(s) will be deemed not to have occurred for purposes of this Section with respect to such conversion. The Company shall make appropriate adjustments to the Share Price, in its good faith determination, to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the Ex-Dividend Date, Effective Date (as such term is used in Section 14.04) or expiration date of the event occurs during such any five consecutive Trading Day period during which the Share Price is to be calculated.
Whole Fundamental Change. No later than the third Business Day after the Effective Date of each Make-Whole Fundamental Change, the Company shall mail, in accordance with SECTION 12.02, written notice of, and shall publicly announce, through a reputable national newswire service in the United States, and publish on the Company's website, such Effective Date and the Make-Whole Applicable Increase applicable to such Make-Whole Fundamental Change.
Whole Fundamental Change. In the event that a conversion during a Tax Redemption Period would also be deemed to be in connection with a Make-Whole Fundamental Change, a Holder of Notes to be converted will be entitled to a single increase to the Conversion Rate with respect to the first to occur of the applicable Redemption Notice Date or the Effective Date of the applicable Make-Whole Fundamental Change, and the later event will be deemed not to have occurred for purposes of this Section. The Company shall make appropriate adjustments to the Share Price, in its good faith determination, to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the Ex-Dividend Date, Effective Date (as such term is used in Section 14.04) or expiration date of the event occurs during such any five consecutive Trading Day period during which the Share Price is to be calculated.
Whole Fundamental Change. If a “make-whole fundamental change” (as defined in the Preliminary Offering Memorandum) occurs at any time prior to the maturity date and a holder elects to convert its Notes in connection with such make-whole fundamental change, the conversion rate for any Notes so converted will, under certain circumstances and for a limited period of time, be increased by a number of additional shares of common stock, as described under “Description of Notes—Adjustment to Shares Delivered upon Conversion upon a Make-whole Fundamental Change” in the Preliminary Offering Memorandum. The following table sets forth the number of additional shares of Issuer’s common stock to be received per each $1,000 principal amount of Notes for each stock price and effective date set forth below: Stock Price Effective Date $15.57 $18.00 $20.00 $21.41 $25.00 $30.00 $35.00 $40.00 $45.00 $50.00 $55.00 $60.00 November 6, 2017 17.5161 12.4456 9.5081 7.9037 4.9951 2.6657 1.4005 0.6969 0.3086 0.1060 0.0164 0.0000 February 1, 2018 17.5161 12.3902 9.4388 7.8291 4.9188 2.6005 1.3507 0.6610 0.2821 0.0872 0.0080 0.0000 February 1, 2019 17.5161 12.2052 9.1613 7.5160 4.5792 2.3036 1.1238 0.5026 0.1835 0.0392 0.0000 0.0000 February 1, 2020 17.5161 11.9079 8.7440 7.0542 4.0983 1.9045 0.8368 0.3178 0.0836 0.0041 0.0000 0.0000 February 1, 2021 17.5161 11.3692 8.0421 6.2999 3.3582 1.3409 0.4716 0.1179 0.0075 0.0000 0.0000 0.0000 February 1, 2022 17.5161 10.3420 6.7319 4.9187 2.1040 0.5376 0.0807 0.0000 0.0000 0.0000 0.0000 0.0000 February 1, 2023 17.5161 8.8457 3.2901 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 The exact stock prices and effective dates may not be set forth in the table above, in which case · If the stock price is between two stock prices in the table or the effective date is between two effective dates in the table, the number of additional shares will be determined by a straight-line interpolation between the number of additional shares set forth for the higher and lower stock prices and the earlier and later effective dates, as applicable, based on a 365-day year. · If the stock price is greater than $60.00 per share (subject to adjustment in the same manner as the stock prices set forth in the column headings of the table above), no additional shares will be added to the conversion rate. · If the stock price is less than $15.57 per share (subject to adjustment in the same manner as the stock prices set forth in the column headings of the table above), no additional ...
Whole Fundamental Change. The Board of Directors shall make appropriate adjustments to the Stock Price, in its good faith determination, to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the Record Date, Effective Date (as such term is used in Section 14.04) or expiration date of the event occurs during such five consecutive Trading Day period. (d) The Stock Prices set forth in the column headings of the table below shall be adjusted as of any date on which the Conversion Rate of the Notes is otherwise adjusted. The adjusted Stock Prices shall equal the Stock Prices applicable immediately prior to such adjustment, multiplied by a fraction, the numerator of which is the Conversion Rate immediately prior to such adjustment giving rise to the Stock Price adjustment and the denominator of which is the Conversion Rate as so adjusted. The number of Additional Shares set forth in the table below shall be adjusted in the same manner and at the same time as the Conversion Rate as set forth in Section 14.04. (e) The following table sets forth the number of Additional Shares of Common Stock by which the Conversion Rate shall be increased per $1,000 principal amount of Notes pursuant to this Section 14.03 for each Stock Price and Effective Date set forth below:
Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent (if other than the Trustee) in writing of each Make-Whole Fundamental Change occurring pursuant to clause (A) of the definition thereof in accordance with Section 5.01(C)(i)(3)(b) and Section 4.03.
Whole Fundamental Change. The term “
Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent of each Make-Whole Fundamental Change occurring pursuant to clause (A) of the definition of such term no later than the Business Day following the Effective Date of such Make-Whole Fundamental Change. The Company will notify Holders of each Make-Whole Fundamental Change occurring pursuant to clause (B) of the definition of such term pursuant to Section 4.03.
Whole Fundamental Change. The Board of Directors shall make appropriate adjustments to the Stock Price, in its good faith determination, to account for any adjustment to the Conversion Rate that becomes effective, or any event requiring an adjustment to the Conversion Rate where the Ex- Dividend Date of the event occurs, during such five consecutive Trading Day period. (d) The Stock Prices set forth in the column headings of the table below shall be adjusted as of any date on which the Conversion Rate of the Notes is otherwise adjusted. The 62
