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 Applicable Increase applicable to such Make-Whole Fundamental Change.
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 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 Trading Day period. (d) The Stock Prices set forth in the column headings of the table in clause 14.03(b) below shall be adjusted as of any date on which the Conversion Rate is otherwise adjusted. The adjusted Stock Prices shall equal (i) the Stock Prices in effect immediately prior to such adjustment, multiplied by (ii) a fraction, the numerator of which is the Conversion Rate in effect 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 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: Stock price Effective date $18.11 $20.00 $22.18 $25.00 $27.50 $30.00 $32.50 $35.00 $37.50 $40.00 $42.50 $45.00 May 11, 2018 10.1421 7.1500 4.7592 2.7856 1.7102 1.0287 0.5988 0.3291 0.1632 0.0660 0.0165 0.0002 May 15, 2019 10.1421 6.9140 4.4590 2.4860 1.4509 0.8227 0.4449 0.2206 0.0917 0.0248 0.0014 0.0000 May 15, 2020 10.1421 6.6785 4.1235 2.1448 1.1633 0.6043 0.2926 0.1237 0.0389 0.0048 0.0000 0.0000 May 15, 2021 10.1421 6.3345 3.6353 1.6744 0.7964 0.3517 0.1354 0.0374 0.0029 0.0000 0.0000 0.0000 May 15, 2022 10.1421 5.7445 2.7976 0.9660 0.3364 0.0957 0.0145 0.0000 0.0000 0.0000 0.0000 0.0000 May 20, 2023 10.1421 4.9240 0.0000 0.0004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 The exact Stock Price and/or Effective Date may not be set forth in the table above, in which case: 064310-0812-15924-Active.25775846.6 66
Whole Fundamental Change. The term “
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 the holders of the Common Stock receive only cash in a Make-Whole Fundamental Change described in clause (b) of the definition of Fundamental Change, the Stock Price shall be the cash amount paid per share. Otherwise, the Stock Price shall be the average of the Last Reported Sale Prices of the Common Stock over the five Trading Day period ending on, and including, the Trading Day immediately preceding the Effective Date of the Make-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.
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. If (i) a Make-Whole Fundamental Change occurs pursuant to clause (A) of the definition thereof, then, promptly and in no event later than the Business Day immediately after the Make-Whole Fundamental Change Effective Date of such Make-Whole Fundamental Change, the Company will notify the Holders, the Trustee and the Conversion Agent (if other than the Trustee) of the occurrence of such Make-Whole Fundamental Change and of such Make-Whole Fundamental Change Effective Date, and (ii) a Make-Whole Fundamental Change occurs pursuant to clause (B) of the definition thereof, the Company will notify the Holders in the manner described in Section 4.03(F). The applicable notice should include a brief statement of the circumstances under which the Conversion Rate will be increased pursuant to this Section 5.07 in connection with such Make-Whole Fundamental Change. Section 5.08.
