Increased Conversion Rate Applicable to Certain Notes Surrendered in Connection with Make. Whole Fundamental Changes or Notice of Redemption 65 Section 14.04. Adjustment of Conversion Rate 68 Section 14.05. Adjustments of Prices 77 Section 14.06. Shares to Be Fully Paid 78 Section 14.07. Effect of Recapitalizations, Reclassifications and Changes of the Common Stock 78 Section 14.08. Certain Covenants 80 Section 14.09. Responsibility of Trustee 80 Section 14.10. Notice to Holders Prior to Certain Actions 81 Section 14.11. Stockholder Rights Plans 81 Section 14.12. Exchange in Lieu of Conversion 82 ARTICLE 15
Increased Conversion Rate Applicable to Certain Notes Surrendered in Connection with Make. Whole Fundamental Changes or Called Notes During a Redemption Period 62 Section 14.04. Adjustment of Conversion Rate 65 Section 14.05. Adjustments of Prices 74 Section 14.06. Shares to Be Fully Paid 74 Section 14.07. Effect of Recapitalizations, Reclassifications and Changes of the Common Stock 74 Section 14.08. Certain Covenants 76 Section 14.09. Responsibility of Trustee 76 Section 14.10. Notice to Holders Prior to Certain Actions 77 Section 14.11. Stockholder Rights Plans 78 Section 14.12. Exchange In Lieu Of Conversion 78 ARTICLE 15 REPURCHASE OF NOTES AT OPTION OF HOLDERS Section 15.01. Intentionally Omitted 79 Section 15.02. Repurchase at Option of Holders Upon a Fundamental Change 79 Section 15.03. Withdrawal of Fundamental Change Repurchase Notice 81 Section 15.04. Deposit of Fundamental Change Repurchase Price 82 Section 15.05. Covenant to Comply with Applicable Laws Upon Repurchase of Notes 83 ARTICLE 16 OPTIONAL REDEMPTION Section 16.01. Optional Redemption 83
Increased Conversion Rate Applicable to Certain Notes Surrendered in Connection with Make. Whole Fundamental Changes or during a Redemption Period 84 Section 13.04. Other Conversion Rate Adjustments 85 Section 13.05. Adjustments of Prices 93 Section 13.06. Effect of Recapitalizations, Reclassifications and Changes of the Common Shares 93 Section 13.07. Responsibility of Trustee 95 Section 13.08. Notice to Holders Prior to Certain Actions 96 Section 13.09. Shareholder Rights Plan 96 Section 13.10. Ineligible Consideration 96 Article 14 Repurchase of Notes at Option of Holders
Increased Conversion Rate Applicable to Certain Notes Surrendered in Connection with Make. Whole Fundamental Changes 38 Section 14.04. Adjustment of Conversion Rate 39 Section 14.05. Adjustments of Prices 45
Increased Conversion Rate Applicable to Certain Notes Surrendered in Connection with Make. Whole Fundamental Changes. (a) If a Make-Whole Fundamental Change occurs or becomes effective prior to the Maturity Date and a Holder elects to convert its Notes in connection with such Make-Whole Fundamental Change, the Company shall, under the circumstances described below, increase the Conversion Rate for the Notes so surrendered for conversion by a number of additional shares of Common Stock (the “Additional Shares”), as described below. A conversion of Notes shall be deemed for these purposes to be “in connection with” such Make-Whole Fundamental Change if the relevant Notice of Conversion is received by the Conversion Agent from, and including, the Effective Date of the Make-Whole Fundamental Change up to, and including, the Business Day immediately prior to the related Fundamental Change Repurchase Date (or, in the case of a Make-Whole Fundamental Change that would have been a Fundamental Change but for subclause (i) of the proviso in clause (b) of the definition thereof, the 35th Trading Day immediately following the Effective Date of such Make-Whole Fundamental Change).
Increased Conversion Rate Applicable to Certain Notes Surrendered in Connection with Make. Whole Fundamental Changes or During a Redemption Period. (a) If (x) the Effective Date of a Make-Whole Fundamental Change occurs prior to the Maturity Date and a Holder elects to convert its Notes in connection with such Make-Whole Fundamental Change or the Company issues a Redemption Notice pursuant to Section 16.02 and a Holder elects to convert its Notes during the related Redemption Period, the Company shall, under the circumstances described below, increase the Conversion Rate for the Notes so surrendered for conversion by a number of additional shares of Common Stock (the “Additional Shares”), as described below. A conversion of Notes shall be deemed for these purposes to be “in connection with” such Make-Whole Fundamental Change if the relevant Notice of Conversion is received by the Conversion Agent from, and including, the Effective Date of the Make-Whole Fundamental Change up to, and including, the close of business on the Business Day immediately prior to the related Fundamental Change Repurchase Date (or, in the case of a Make-Whole Fundamental Change that would have been a Fundamental Change but for the proviso in clause (b) of the definition thereof, the close of business on the 35th Trading Day immediately following the Effective Date of such Make-Whole Fundamental Change) (such period, the “Make-Whole Fundamental Change Period”). (b) Upon surrender of Notes for conversion in connection with a Make-Whole Fundamental Change pursuant to Section 14.01(b)(iii) or during a Redemption Period pursuant to Section 14.01(b)(v), the Company shall, at its option, satisfy the related Conversion Obligation by Physical Settlement, Cash Settlement or Combination Settlement in accordance 62
Increased Conversion Rate Applicable to Certain Notes Surrendered in Connection with Make. Whole Fundamental Changes or Called Notes During a Redemption Period 64 Section 14.04 . Adjustment of Conversion Rate 66 iii
Increased Conversion Rate Applicable to Certain Notes Surrendered in Connection with Make. Whole Fundamental Changes or During a Redemption Period.
Increased Conversion Rate Applicable to Certain Notes Surrendered in Connection with Make. Whole Fundamental Changes. (a) If a Make-Whole Fundamental Change occurs prior to the Maturity Date and a Holder elects to convert its Notes in connection with such Make-Whole Fundamental Change, the Company shall, under the circumstances described below, increase the Conversion Rate for the Notes so surrendered for conversion by a number of additional ADSs (the “Additional ADSs”), as described below. A conversion of Notes shall be deemed for these purposes to be “in connection with” such Make-Whole Fundamental Change if the relevant Notice of Conversion is received by the Conversion Agent from, and including, the Effective Date of the Make-Whole Fundamental Change up to, and including, the second Business Day immediately prior to the related Fundamental Change Repurchase Date (or, in the case of a Make-Whole Fundamental Change that would have been a Fundamental Change but for the proviso in clause (b) of the definition thereof, the 35th Trading Day immediately following the Effective Date of such Make-Whole Fundamental Change). The Company shall provide written notification to Holders and the Trustee of the Effective Date of any Make-Whole Fundamental Change and issue a press release announcing such Effective Date no later than five Business Days after such Effective Date.
Increased Conversion Rate Applicable to Certain Notes Surrendered in Connection with Make. Whole Fundamental Changes,
