Common use of Acceleration; Rescission and Annulment Clause in Contracts

Acceleration; Rescission and Annulment. In case one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j) or Section 6.01(k) with respect to the Company, but not any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j) or Section 6.01(k) with respect to the Company, but not any of its Significant Subsidiaries occurs and is continuing, the principal of, and accrued and unpaid interest, if any, on, all Notes shall be automatically and immediately due and payable. This provision, however, is subject to the condition that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock sufficient to pay all matured installments of interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, and the principal of any and all Notes which shall have become due otherwise than by acceleration (with interest upon such principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest, at the rate or rates, if any, specified in the Notes to the date of such payment or deposit) and such amounts due to the Trustee pursuant to Section 7.06, and if any and all Events of Default under this Indenture, other than the nonpayment of the principal of Notes which shall have become due by acceleration, shall have been cured, waived, or otherwise remedied pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of at such payment or deposittime) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but not any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may (and the Trustee, at the written request of such Holders, shall) declare 100% of the principal of, and accrued and unpaid interest, if any, on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but not any of its Significant Subsidiaries Company occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay and if (1) rescission would not conflict with any judgment or deliver, as the case may be, or shall deposit with the Trustee an amount decree of cash and/or shares a court of Common Stock sufficient to pay all matured installments of interest upon all the Notes, all amounts of consideration due upon the conversion of competent jurisdiction and (2) any and all converted Notes, and the principal of any and all Notes which shall have become due otherwise than by acceleration (with interest upon such principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest, at the rate or rates, if any, specified in the Notes to the date of such payment or deposit) and such amounts due to the Trustee pursuant to Section 7.06, and if any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of at such payment or deposittime, plus one percent) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee may by notice in writing to the Company, or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given may, and the Trustee at the request of such Holders accompanied by Holders)security and/or indemnity reasonably satisfactory to the Trustee shall, may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, interest on, all Notes shall become and shall automatically be automatically and immediately due and payablepayable without any action on the part of the Trustee. This provisionIf an Event of Default occurs and is continuing, all agents of the Company appointed under this Indenture will be required to act on the direction of the Trustee. The immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in per annum borne by the Notes to the date of such payment or depositplus one percent) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.02(i) or Section 6.01(k6.02(j) with respect to the Company, but not Issuer or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding Outstanding, determined in accordance with Section 8.047.04 of the Base Indenture, or the Trustee by notice in writing to the Company Issuer (and to the Trustee if given by Holders), may may, subject to the provisions of the Indenture, declare 100% of the principal of, and accrued and unpaid interest, if any, on, on all the Outstanding Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.02(i) or Section 6.01(k6.02(j) with respect to the Company, but not Issuer or any of its Significant Subsidiaries Subsidiary occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Outstanding Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company Issuer shall pay or deliver, as the case may be, or shall deposit with the Trustee Trustee, as applicable, an amount of cash and/or shares of Common Stock (or other Reference Property) sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted NotesNotes that had been converted, and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal andon overdue installments of accrued and unpaid interest, to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of at such payment or deposittime plus one percent) and such amounts due to the Trustee pursuant to Section 7.066.06 of the Base Indenture, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this the Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.096.10, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstandingOutstanding, by written notice to the Company Issuer and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this the Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default (other than an Event of Default specified in Section 6.01(h) or Section 6.01(i) with respect to the Company (and not with respect to a Significant Subsidiary)) shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j) or Section 6.01(k) with respect to the Company, but not any of its Significant Subsidiaries)case, unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but Company (and not any of its with respect to a Significant Subsidiaries Subsidiary) occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay and if (1) rescission would not conflict with any judgment or deliver, as the case may be, or shall deposit with the Trustee an amount decree of cash and/or shares a court of Common Stock sufficient to pay all matured installments of interest upon all the Notes, all amounts of consideration due upon the conversion of competent jurisdiction and (2) any and all converted Notes, and the principal of any and all Notes which shall have become due otherwise than by acceleration (with interest upon such principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest, at the rate or rates, if any, specified in the Notes to the date of such payment or deposit) and such amounts due to the Trustee pursuant to Section 7.06, and if any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(k) or Section 6.01(k6.01(l) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(k) or Section 6.01(k6.01(l) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall irrevocably deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of such payment or depositNotes) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all existing and past Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, Notes or (ii) a failure to repurchase any Notes when required, (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j) or Section 6.01(k) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j) or Section 6.01(k) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuingoccurs, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payablepayable without any declaration or other act of the Holders or any act on the part of the Trustee. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of at such payment or deposittime, plus one percent) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstandingoutstanding (including PIK Notes), by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j5.02(h) or Section 6.01(k5.02(i) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.042.09 of the Base Indenture, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything in this the Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j5.02(h) or Section 6.01(k5.02(i) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payablepayable immediately. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of plus one percent at such payment or deposittime) and such amounts due to the Trustee pursuant to Section 7.067.07 of the Base Indenture, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction, (2) any and all existing Events of Default under this the Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.095.10, and (3) all amounts owing to the Trustee shall have been paid, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this the Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body)continuing, then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but Company (and not solely with respect to any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but Company (and not solely with respect to any of its Significant Subsidiaries Subsidiaries) occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay and if (1) rescission would not conflict with any judgment or deliver, as the case may be, or shall deposit with the Trustee an amount decree of cash and/or shares a court of Common Stock sufficient to pay all matured installments of interest upon all the Notes, all amounts of consideration due upon the conversion of competent jurisdiction and (2) any and all converted Notes, and the principal of any and all Notes which shall have become due otherwise than by acceleration (with interest upon such principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest, at the rate or rates, if any, specified in the Notes to the date of such payment or deposit) and such amounts due to the Trustee pursuant to Section 7.06, and if any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase purchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee may by notice in writing to the Company, or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given may, at its sole discretion and without further notice, and the Trustee at the request of such Holders accompanied by Holders)security, may pre-funding and/or indemnity satisfactory to the Trustee and otherwise subject to the limitations set forth in this Indenture, shall, declare 100% of the principal Note Acceleration Repayment Price of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, notwithstanding anything contained in this Indenture or in the Notes contained to the contrary notwithstandingcontrary. If an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, the principal of, Note Acceleration Repayment Price of and accrued and unpaid interest, if any, interest on, all Notes shall become and shall automatically be automatically and immediately due and payablepayable without any action on the part of the Trustee. This provisionIf an Event of Default occurs and is continuing, the Agents and any other agents of the Company appointed under this Indenture will be required to act on the direction of the Trustee. The immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum in immediately available funds sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in per annum borne by the Notes to the date of at such payment or deposittime plus seven percent) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal Applicable Redemption Price or the Note Acceleration Repayment Price, as applicable, of and accrued and unpaid interest on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured pursuant to Section 6.01 or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in more than 50% of the aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal Applicable Redemption Price or the Note Acceleration Repayment Price, as applicable, of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but not Company or any of its Significant SubsidiariesSubsidiary), unless the principal of all of the Notes shall have already become due and payable, either the U.S. Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company Company, the Canadian Trustee (and to the U.S. Trustee if given by Holders), may (and the U.S. Trustee, at the written request of such Holders, shall) declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding, though payment of any sums owing may be stayed by applicable bankruptcy, insolvency or reorganization laws. If an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but not Company or any of its Significant Subsidiaries Subsidiary occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the U.S. Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which Notes, in each case, that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of at such payment or deposittime) and such amounts due to the Trustee Trustees pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.096.09(a), then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the TrusteeTrustees, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal of(including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee may by notice in writing to the Company, or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given may, and the Trustee at the request of such Holders accompanied by Holders)security and/or indemnity reasonably satisfactory to the Trustee shall, may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, notwithstanding anything contained in this Indenture or in the Notes contained to the contrary notwithstandingcontrary. If an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, interest on, all Notes shall become and shall automatically be automatically and immediately due and payablepayable without any action on the part of the Trustee. This provisionIf an Event of Default occurs and is continuing, all agents of the Company appointed under this Indenture will be required to act on the direction of the Trustee. The immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in per annum borne by the Notes to the date of such payment or depositplus one percent) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payablepayable without any declaration or other act on the part of the Trustee or any Holders. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration acceleration, if any (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of at such payment or deposittime) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j) or Section 6.01(k) with respect to the Company, but not any of its Significant SubsidiariesSubsidiaries and subject to Section 6.03), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j) or Section 6.01(k) with respect to the Company, but not any of its Significant Subsidiaries Subsidiaries, occurs and is continuing, the principal of, and accrued and unpaid interest, if any, on, all Notes shall be automatically and immediately due and payable. This provision, however, is subject to the condition that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock sufficient to pay all matured installments of interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, and the principal of any and all Notes which shall have become due otherwise than by acceleration (with interest upon such principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest, at the rate or rates, if any, specified in the Notes to the date of such payment or deposit) and such amounts due to the Trustee pursuant to Section 7.06, and if any and all Events of Default under this Indenture, other than the nonpayment of the principal of Notes which shall have become due by acceleration, shall have been cured, waived, or otherwise remedied pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may (and the Trustee, at the written request of such Holders, shall) declare 100% of the principal of, and any accrued and unpaid interest, if any, on, Special Interest on all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but Company (and not any solely one or more of its Significant Subsidiaries Subsidiaries) occurs and is continuing, 100% of the principal of, and accrued and unpaid interestSpecial Interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of interest any accrued and unpaid Special Interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon on overdue installments of any accrued and unpaid Special Interest, and on such principal and, at the then-applicable Special Interest rate only and to the extent any Special Interest is payable at such time and to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest, at the rate or rates, if any, specified in the Notes to the date of such payment or deposit) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid Special Interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or any accrued and unpaid interest Special Interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay and if (1) rescission would not conflict with any judgment or deliver, as the case may be, or shall deposit with the Trustee an amount decree of cash and/or shares a court of Common Stock sufficient to pay all matured installments of interest upon all the Notes, all amounts of consideration due upon the conversion of competent jurisdiction and (2) any and all converted Notes, and the principal of any and all Notes which shall have become due otherwise than by acceleration (with interest upon such principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest, at the rate or rates, if any, specified in the Notes to the date of such payment or deposit) and such amounts due to the Trustee pursuant to Section 7.06, and if any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may (and the Trustee, at the written request of such Holders, shall) declare 100% of the principal of, and accrued and unpaid interest, if any, on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not any of its Significant Subsidiaries Company occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company or, if applicable, the Guarantor shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of such payment or depositNotes) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal of, or accrued and unpaid interest on, any Notes, Notes or (ii) a failure to repurchase any Notes when required, (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee may, or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum in immediately available funds sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of at such payment or deposittime) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of at such payment or deposittime) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all existing or past Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, Notes or (ii) a failure to repurchase any Notes when required, (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j5.02(h) or Section 6.01(k5.02(i) with respect to the Company, but Company (and not any of its solely with respect to a Significant Subsidiaries), unless the principal of all Subsidiary of the Notes shall have already become due and payableCompany)), either the Trustee by notice in writing to the Company, or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, amount of and accrued and unpaid interest, if any, on, on all the Notes to be immediately due and payable immediatelypayable, and upon any such declaration the same such principal and accrued and unpaid interest, if any, shall become and shall automatically be immediately due and payable, anything in this Indenture or in the Notes contained to the contrary notwithstandingpayable immediately. If an Event of Default specified in Section 6.01(j5.02(h) or Section 6.01(k5.02(i) occurs with respect to the Company (and not solely with respect to a Significant Subsidiary of the Company), but not any 100% of its Significant Subsidiaries occurs and is continuing, the principal of, amount of and accrued and unpaid interest, if any, on, all on the Notes shall automatically become and be automatically and immediately due and payable. This provision, however, is subject to payable without any declaration or other act on the condition that if, at any time after the principal part of the Notes shall have been so declared due and payable, and before Trustee or any judgment or decree for the payment of the moneys due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock sufficient to pay all matured installments of interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, and the principal of any and all Notes which shall have become due otherwise than by acceleration (with interest upon such principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest, at the rate or rates, if any, specified in the Notes to the date of such payment or deposit) and such amounts due to the Trustee pursuant to Section 7.06, and if any and all Events of Default under this Indenture, other than the nonpayment of the principal of Notes which shall have become due by acceleration, shall have been cured, waived, or otherwise remedied pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holder. The Holders of a majority in aggregate principal amount of the Notes then outstanding, outstanding by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default rescind and annul any such acceleration with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease (except with respect to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal of, or of and accrued and unpaid interest oninterest, any if any, on the Notes, (ii) ; with respect to a Default in respect of a provision that under Section 9.03 of the Base Indenture and Section 8.02 cannot be amended without the consent of each affected Holder; and with respect to the failure to repurchase any Notes when required, (iii) a failure to pay or deliver, as the case may be, deliver the consideration due upon conversion of the Notes or (ivNotes) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02.and its consequences if:

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.02(i) or Section 6.01(k6.02(j) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.048.04 of the Base Indenture, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this the Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.02(i) or Section 6.01(k6.02(j) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of plus one percent at such payment or deposittime) and such amounts due to the Trustee pursuant to Section 7.067.07 of the Base Indenture, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this the Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, waived or otherwise remedied pursuant to Section 6.096.10, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this the Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee may by notice in writing to the Company, or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holdersmay, and the Trustee at the request of such Holders shall (subject to being indemnified and/or secured and/or pre-funded to its satisfaction), may declare 100% of the principal of, and accrued and unpaid interest, if any, on, of all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, notwithstanding anything contained in this Indenture or in the Notes contained to the contrary notwithstandingcontrary. If an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, of all Notes shall become and shall automatically be automatically and immediately due and payablepayable without any action on the part of the Trustee. This provisionIf an Event of Default occurs and is continuing, all agents of the Company appointed under this Indenture will be required to act on the direction of the Trustee. The immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such on any overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest, at the rate or rates, if any, specified in the Notes to the date of such payment or depositthree percent per annum) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal of, or accrued and unpaid interest on, of any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may may, and the Trustee at the request of such Holders shall, declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of at such payment or deposittime, plus one percent) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of such payment or depositNotes) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all existing and past Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any continuing Default or Event of Default resulting from relating to (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, Notes or (ii) a failure to repurchase any Notes when required, (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee may by notice in writing to the Company, or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given may, and the Trustee at the request of such Holders accompanied by Holders)security and/or indemnity satisfactory to the Trustee and otherwise subject to the limitations set forth in this Indenture, may shall, declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, notwithstanding anything contained in this Indenture or in the Notes contained to the contrary notwithstandingcontrary. If an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, interest on, all Notes shall become and shall automatically be automatically and immediately due and payablepayable without any action on the part of the Trustee. This provisionIf an Event of Default occurs and is continuing, all agents of the Company appointed under this Indenture will be required to act on the direction of the Trustee. The immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum in immediately available funds sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in per annum borne by the Notes to the date of such payment or depositplus one percent) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul any such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j‎Section 6.01(h) or Section 6.01(k‎Section 6.01(i) with respect to the Company, but not any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section ‎Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may (and the Trustee, at the written request of such Holders, shall) declare 100% of the principal of, and accrued and unpaid interest, if any, on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j‎Section 6.01(h) or Section 6.01(k‎Section 6.01(i) with respect to the Company, but not any of its Significant Subsidiaries Company occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay and if (1) rescission would not conflict with any judgment or deliver, as the case may be, or shall deposit with the Trustee an amount decree of cash and/or shares a court of Common Stock sufficient to pay all matured installments of interest upon all the Notes, all amounts of consideration due upon the conversion of competent jurisdiction and (2) any and all converted Notes, and the principal of any and all Notes which shall have become due otherwise than by acceleration (with interest upon such principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest, at the rate or rates, if any, specified in the Notes to the date of such payment or deposit) and such amounts due to the Trustee pursuant to Section 7.06, and if any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section ‎Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, premium, if any and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, premium, if any, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionIf the Notes are accelerated or otherwise become due prior to the Maturity Date as a result of or during the continuance of an Event of Default (including, but not limited to, upon the occurrence of an Event of Default specified in Section 6.01(i) or Section 6.01(j)), then the amount that becomes due and payable shall include (in addition to the other amounts described in the immediately-preceding sentence) a premium equal to the Redemption Premium calculated as of the date of such acceleration or date the Notes become due prior to the Maturity Date, determined as if such acceleration or due date were a Redemption Date pursuant to a Make-Whole Redemption of the Notes under Section 16.01(c) on the date of such acceleration or due date (regardless of whether any Make-Whole Redemption would otherwise be prohibited under Section 16.01(c) as of such acceleration or due date, including, without limitation, pursuant to Section 16.04(a) or Section 16.04(b)); provided, however, that (i) solely for purposes of calculating such premium, the “Notes to be redeemed” as that term is used in the definition of Redemption Premium shall not include any Notes previously called for redemption prior to the date of such acceleration or the date the Notes became due prior to the Maturity Date, and (ii) for the avoidance of doubt, no Holder shall be entitled to the Redemption Premium on such Notes that were previously called for redemption prior to such applicable date. Any Redemption Premium (including any Redemption Premium due as a result of the immediately-preceding sentence) shall be deemed to be principal of the Notes and interest shall accrue on the full principal amount of the Notes (including the amount of such Redemption Premium) from and after the applicable triggering event. The immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of any accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notespremium, and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of any accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interestsuch principal, in each case, at the then-applicable interest rate or rates, if any, specified in borne by the Notes to the date of at such payment or deposittime) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of of, premium, and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal of, premium, or any accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a 91 failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes (including, without limitation, any Interest Make-Whole Payment). Except as specifically provided for in this Indenture, each Holder has the right to maintain its investment in the Notes free from redemption or (iv) a breach repayment by the Company and the provision for payment of a covenant Redemption Premium in the first paragraph of this Section 6.02 by the Company in the event that canthe Notes are accelerated or otherwise become due prior to the Maturity Date as a result of or following an Event of Default is intended to provide compensation for the deprivation of such right under such circumstances. Without limiting the generality of the foregoing, it is understood and agreed that, if the Notes are accelerated or otherwise become due prior to the Maturity Date as a result of or during the continuance of an Event of Default (including, but not limited to, upon the occurrence of an Event of Default specified in Section 6.01(i) or Section 6.01(j)), the Redemption Premium with respect to a Make-Whole Redemption of the Notes under Section 16.01(c) (regardless of whether any Make-Whole Redemption would otherwise be modified prohibited under Section 16.01(c) as of such acceleration or amended due date, including, without the consent of each Holder limitation, pursuant to Section 10.0216.04) as provided in the first paragraph of this Section 6.02 will also be due and payable and shall constitute part of the Obligations with respect to the Notes to the extent provided in such paragraph, in view of the impracticability and extreme difficulty of ascertaining actual damages and by mutual agreement of the Company and the Holders to a reasonable calculation of each Holder’s lost profits and damages as the result thereof. Any such Redemption Premium shall be presumed to be the liquidated damages sustained by each Holder as the result of the early redemption or repayment, and the Company agrees that it is reasonable under the circumstances currently existing. Such Redemption Premium shall also be payable in the event the Notes (and/or this Indenture) are satisfied or released by foreclosure (whether or not by the power of judicial proceeding), deed in lieu of foreclosure, court order or by any other means. THE COMPANY EXPRESSLY WAIVES (TO THE FULLEST EXTENT IT MAY LAWFULLY DO SO) THE PROVISIONS OF ANY PRESENT OR FUTURE STATUTE OR LAWS THAT PROHIBITS THE COLLECTION OF THE FOREGOING PREMIUM IN CONNECTION WITH ANY SUCH ACCELERATION. The Company expressly agrees (to the fullest extent that it may lawfully do so) that: (A) the Redemption Premium is reasonable and is the product of an arm’s-length transaction between sophisticated business people, ably represented by counsel; (B) the Redemption Premium shall be payable notwithstanding the then-prevailing market rates at the time redemption or repayment is made; (C) no portion of the Redemption Premium represents “unmatured interest” within the meaning of 11 U.S.C. §502(b)(2); (D) there has been a course of conduct between Holders and the Company giving specific consideration in this transaction for such agreement to pay the Redemption Premium; and (E) the Company shall be estopped hereafter from claiming differently than as agreed to in this paragraph. The Company expressly acknowledges that its agreement to pay the Redemption Premium to Holders as herein described is a material inducement to Holders to purchase, exchange into, or otherwise accept the Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but not any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may (and the Trustee, at the written request of such Holders, shall) declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the outstanding Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but not any of its Significant Subsidiaries Company occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interestsuch principal, in each case, at the rate or rates, if any, specified in borne by the Notes to the date of at such payment or deposittime) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j) or Section 6.01(k6.01(f) with respect to the Company, but not Company or any of its Significant SubsidiariesSubsidiaries (or group of Subsidiaries that taken together would constitute a Significant Subsidiary)), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04outstanding, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, on, on (including any Make Whole Amount and any Cash Settlement Amount (including any Cash Settlement Amount within the meaning of the Warrants)) all the Notes Notes, to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j) or Section 6.01(k6.01(f) with respect to the Company, but not Company or any of its Significant Subsidiaries (or group of Subsidiaries that taken together would constitute a Significant Subsidiary) occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, on (including any Make Whole Amount and any Cash Settlement Amount (including any Cash Settlement Amount within the meaning of the Warrants)) all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionNotwithstanding anything to the contrary contained in this Indenture or in any of the other Notes Documents, the amount immediately due and payable with respect to the principal of the Notes following an Event of Default shall be equal to the greater of (i) the amount of such principal and (ii) an amount equal to the product of (A) the aggregate number of Base Conversion Shares and Additional Conversion Shares (into which such principal would be convertible under the Convertible Notes as of the date of such Event of Default if such Event of Default constituted a Major Transaction (without giving effect to any limitations or restrictions on conversion set forth in Article 14 and Article 15), multiplied by (B) the Volume Weighted Average Price for one share of Common Stock of as of the date of such Event of Default), and for the avoidance of doubt, plus any interest, fees, costs, expenses and other Obligations owing or due by any Note Party), without presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived by each Note Party (and any dispute as to the Volume Weighted Average Price shall be handled in accordance with the dispute resolution mechanism set forth in Section 14.02(d)). The immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of interest accrued and unpaid interest, if any, upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable lawApplicable Law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of plus two percent at such payment or deposittime) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.096.08, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstandingRequired Holders, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal of, or accrued and unpaid interest interest, if any, on, any Notes, (ii) a failure to repurchase any Notes when required, (iii) a failure to pay deliver the cash or delivershares of Common Stock, as the case may beapplicable, the consideration due upon conversion of the Notes or (iv) a breach Default or Event of Default in respect of a covenant that canor provision hereof which under Article 10 may not be modified or amended without the consent of each Holder pursuant to Section 10.02of an outstanding Note affected.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, premium, if any, of and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal or interest of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of at such payment or deposittime) and such amounts due to the Trustee and Collateral Agent pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the uncured nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price, if applicable, the Asset Sale Offer Repurchase Price, if applicable, and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or and/or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body)continuing, then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but not any of its Significant Subsidiaries), unless the principal of of, and accrued and unpaid Special Interest, if any, on, all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and any accrued and unpaid interestSpecial Interest and interest payable pursuant to Section 2.03(c), if any, on, all the outstanding Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but not any of its Significant Subsidiaries Company occurs and is continuing, 100% of the principal of, and accrued and unpaid interestSpecial Interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay and if (1) rescission would not conflict with any judgment or deliver, as the case may be, or shall deposit with the Trustee an amount decree of cash and/or shares a court of Common Stock sufficient to pay all matured installments of interest upon all the Notes, all amounts of consideration due upon the conversion of competent jurisdiction and (2) any and all converted Notes, and the principal of any and all Notes which shall have become due otherwise than by acceleration (with interest upon such principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest, at the rate or rates, if any, specified in the Notes to the date of such payment or deposit) and such amounts due to the Trustee pursuant to Section 7.06, and if any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid Special Interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest Special Interest, if any, on, any Notes, (ii) a failure to repurchase or redeem any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j) or Section 6.01(k6.01(f) with respect to the Company, but not any other Note Party or any of its Significant SubsidiariesSubsidiaries (or group of Subsidiaries that taken together would constitute a Significant Subsidiary) or Section 6.01(m)), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04or, prior to the Braidwell Disposition Date, the Braidwell Holders, or, prior to the Deerfield Disposition Date, the Deerfield Holders, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, on, and the Make Whole Amount on all the Notes (including PIK Notes), to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j) or Section 6.01(k6.01(f) with respect to the Company, but not any other Note Party or any of its Significant Subsidiaries (or group of Subsidiaries that taken together would constitute a Significant Subsidiary) or Section 6.01(m) occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, and the Make Whole Amount on all Notes (including PIK Notes) shall become and shall automatically be automatically and immediately due and payable. This provisionNotwithstanding anything to the contrary contained in this Indenture or in any of the other Notes Documents, the amount immediately due and payable with respect to the principal of the Notes following an Event of Default shall be equal to the amount of such principal plus any interest, fees, costs, expenses and other Obligations owing or due by any Note Party), without presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived by each Note Party. The immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of interest accrued and unpaid interest, if any, upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable lawApplicable Law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of plus four percent at such payment or deposittime) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.096.08, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of Administrative Determination Holder(s), prior to the Notes then outstandingBraidwell Disposition Date, the Braidwell Holders, and prior to the Deerfield Disposition Date, the Deerfield Holders, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal of, or accrued and unpaid interest interest, if any, on, any Notes, (ii) a failure to repurchase any Notes when required, or (iii) a failure to pay Default or deliver, as the case may be, the consideration due upon conversion Event of the Notes or (iv) a breach Default in respect of a covenant that canor provision hereof which under Article 10 may not be modified or amended without the consent of each Holder of an outstanding Note affected. Notwithstanding anything to the contrary in this Section 6.02, neither the Trustee nor any Holder of the Notes (including any Braidwell Holders or Deerfield Holders) shall have the right to declare any portion of the principal of, or any accrued and unpaid interest, or the Make Whole Amount on any Notes (including PIK Notes) immediately due and payable pursuant to this Section 10.026.02 upon the occurrence of an Event of Default specified in Section 6.01(h) that occurs during Forbearance Period until after such Forbearance Period. In the event the Company enters into an agreement in respect of any transaction that will (or is reasonably likely to) result in a Change of Control, the Company shall, within one Business Day thereof, make a public announcement of the terms and conditions thereof.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of such payment or depositNotes) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all existing and past Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any continuing Default or Event of Default resulting from relating to (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, Notes or (ii) a failure to repurchase any Notes when required, (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee may by notice in writing to the Company, or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with subject to Section 8.048.04 (Requisite Aggregate Principal Amount; Company-Owned Notes Disregarded), by notice in writing to the Company (may, and to the Trustee if given by Holdersat the request of such Holders shall (subject to being indemnified and/or secured and/or pre-funded to its satisfaction), may declare up to 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, notwithstanding anything contained in this Indenture or in the Notes contained to the contrary notwithstandingcontrary. If an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, interest on, all Notes shall become and shall automatically be automatically and immediately due and payablepayable without any action on the part of the Trustee. This provisionIf an Event of Default occurs and is continuing, all agents of the Company appointed under this Indenture will be required to act on the direction of the Trustee. The immediately preceding paragraph, however, is subject to the condition that ifconditions that, if at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in per annum borne by the Notes to the date of such payment or depositNotes) and such amounts due to the Trustee pursuant to Section 7.067.06 (Compensation and Expenses of Trustee), and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction, (2) all payments to the Trustee have been made, and (3) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.096.08 (Direction of Proceedings and Xxxxxx of Defaults by Majority of Holders), then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstandingoutstanding determined subject to Section 8.04 (Requisite Aggregate Principal Amount; Company-Owned Notes Disregarded), by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase pay the Tax Redemption Price or any Notes when required, Fundamental Change Repurchase Price of any Note or (iii) a failure to pay or deliverdeliver the consideration (including any Conversion Securities and/or Reference Property, as the case may be, the consideration ) due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee may by notice in writing to the Company, or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with subject to Section 8.048.04 (Company-Owned Notes Disregarded), by notice in writing to the Company (may, and to the Trustee if given by Holdersat the request of such Holders shall (subject to being indemnified and/or secured and/or pre-funded to its satisfaction), may declare up to 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, notwithstanding anything contained in this Indenture or in the Notes contained to the contrary notwithstandingcontrary. If an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, interest on, all Notes shall become and shall automatically be automatically and immediately due and payablepayable without any action on the part of the Trustee. This provisionIf an Event of Default occurs and is continuing, all agents of the Company appointed under this Indenture will be required to act on the direction of the Trustee. The immediately preceding paragraph, however, is subject to the condition that ifconditions that, if at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in per annum borne by the Notes to the date of such payment or depositplus 1.00%) and such amounts due to the Trustee pursuant to Section 7.067.06 (Compensation and Expenses of Trustee), and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction, (2) all payments to the Trustee have been made, and (3) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.096.09 (Direction of Proceedings and Waiver of Defaults by Majority of Holders), then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase pay the Tax Redemption Price, the Repurchase Price or any Notes when required, Fundamental Change Repurchase Price of any Note or (iii) a failure to pay or deliverdeliver the consideration (including any Conversion Securities and/or Reference Property, as the case may be, the consideration ) due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but not any of its Significant SubsidiariesSubsidiaries or any Guarantor), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest(including the Redemption Price, if any, on, applicable and the Make-Whole Amount) of all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payablepayable in cash, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but not any of its Significant Subsidiaries or any Guarantor occurs and is continuing, 100% of the principal of, (including the Redemption Price and accrued and unpaid interestthe Make-Whole Amount, if any, on, applicable) of all Notes shall become and shall automatically be automatically and immediately due and payablepayable in cash. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal (including the Redemption Price, if applicable and the Make-Whole Amount) of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of interest upon all the Notesprincipal (including the Redemption Price, all amounts of consideration due upon the conversion of any and all converted Notes, if applicable and the principal Make-Whole Amount) of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest, at the rate or rates, if any, specified in the Notes to the date of such payment or deposit) and such amounts due to the Trustee pursuant to Section 7.067.07, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal (including the Redemption Price, if applicable and the Make-Whole Amount) of Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.096.08, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal of(including the Redemption Price, if applicable and the Make-Whole Amount) of any Notes or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default (other than an Event of Default specified in Section 6.01(k) or Section 6.01(l) with respect to the Issuer or a Significant Subsidiary) shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j) or Section 6.01(k) with respect to the Company, but not any of its Significant Subsidiaries)case, unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04outstanding, by notice in writing to the Company Issuer (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interestpremium, if any, and accrued and unpaid interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(k) or Section 6.01(k6.01(l) with respect to the Company, but Issuer (and not any of its with respect to a Significant Subsidiaries Subsidiary) occurs and is continuing, 100% of the principal of, and premium, if any, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay and if (1) rescission would not conflict with any judgment or deliver, as the case may be, or shall deposit with the Trustee an amount decree of cash and/or shares a court of Common Stock sufficient to pay all matured installments of interest upon all the Notes, all amounts of consideration due upon the conversion of competent jurisdiction and (2) any and all converted Notes, and the principal of any and all Notes which shall have become due otherwise than by acceleration (with interest upon such principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest, at the rate or rates, if any, specified in the Notes to the date of such payment or deposit) and such amounts due to the Trustee pursuant to Section 7.06, and if any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and premium, if any, and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.096.08, then and in every such case (except as provided in the immediately succeeding sentence) the Required Holders of a majority in aggregate principal amount of the Notes then outstanding(including, without limitation, additional Notes), by written notice to the Company Issuer and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or premium, if any, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes. Notwithstanding anything to the contrary in this Indenture or the Notes, if the Notes are accelerated or otherwise become due prior to their stated maturity, in each case as a result of an Event of Default (including, but not limited to, an Event of Default specified in Section 6.01(k) or Section 6.01(l) (including the acceleration of any portion of the Indebtedness evidenced by the Notes by operation of law)), the amount that shall then be due and payable shall be equal to: (x) 100% of the principal amount of the Notes then outstanding plus the Applicable Premium in effect on the date of such acceleration plus (y) accrued and unpaid interest to, but excluding, the date of such acceleration, in each case as if such acceleration were an optional redemption of the Notes so accelerated. Without limiting the generality of the foregoing, it is understood and agreed that if the Notes are accelerated or otherwise become due prior to their stated maturity, in each case, as a result of an Event of Default (including, but not limited to, an Event of Default specified in Section 6.01(k) or Section 6.01(l) (including the acceleration of any portion of the Indebtedness evidenced by the Notes by operation of law)), the Applicable Premium with respect to an optional redemption of the Notes shall also be due and payable as though the Notes had been optionally redeemed on the date of such acceleration and shall constitute part of the Obligations with respect to the Notes in view of the impracticability and difficulty of ascertaining actual damages and by mutual agreement of the parties as to a reasonable calculation of each Holder’s lost profits as a result thereof. If the Applicable Premium becomes due and payable, it shall be deemed to be principal of the Notes and interest shall accrue on the full principal amount of the Notes (including the Applicable Premium) from and after the applicable triggering event, including in connection with an Event of Default specified in Section 6.01(k) or Section 6.01(l). Any premium payable pursuant to this paragraph shall be presumed to be liquidated damages sustained by each Holder as the result of the acceleration of the Notes and the Issuer agrees that it is reasonable under the circumstances currently existing. The premium shall also be payable in the event the Notes or this Indenture are satisfied, released or discharged through foreclosure, whether by judicial proceeding, deed in lieu of foreclosure or by any other means. THE ISSUER EXPRESSLY WAIVES (ivTO THE FULLEST EXTENT IT MAY LAWFULLY DO SO) THE PROVISIONS OF ANY PRESENT OR FUTURE STATUTE OR LAW THAT PROHIBITS OR MAY PROHIBIT THE COLLECTION OF THE FOREGOING PREMIUM IN CONNECTION WITH ANY SUCH ACCELERATION. The Issuer expressly agrees (to the fullest extent it may lawfully do so) that: (A) the premium is reasonable and is the product of an arm’s length transaction between sophisticated business entities ably represented by counsel; (B) the premium shall be payable notwithstanding the then-prevailing market rates at the time acceleration occurs; (C) there has been a breach course of conduct between the Holders and the Issuer giving specific consideration in this transaction for such agreement to pay the premium; and (D) the Issuer shall be estopped hereafter from claiming differently than as agreed to in this paragraph. The Issuer expressly acknowledges that its agreement to pay the premium to the Holders as herein described is a covenant that cannot be modified or amended without material inducement to the consent of each Holder pursuant Holders to Section 10.02purchase the Notes. THE PREMIUM IS DEEMED TO CONSTITUTE LIQUIDATED DAMAGES, AND THE PARTIES HERETO EACH ACKNOWLEDGE AND AGREE THAT SUCH DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE AND THAT SUCH PREMIUM AMOUNT IS INTENDED TO BE A REASONABLE APPROXIMATION OF THE AMOUNT OF SUCH DAMAGES AND NOT A PENALTY.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of plus one percent at such payment or deposittime) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes and pay the Fundamental Change Repurchase Price, in each case, when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration cash due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(k) or Section 6.01(k6.01(l) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(k) or Section 6.01(k6.01(l) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall irrevocably deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of such payment or depositNotes) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all existing and past Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and #96856656v2 annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, Notes or (ii) a failure to repurchase any Notes when required, (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiariessubsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and any accrued and unpaid interestinterest on, and any fees, penalties or premium, if any, on, on all the Notes to be due and payable immediately, as if a valid Year 5 Repurchase Notice had been delivered to the Trustee, including the Interest Make-Whole Payment (which, up until the first anniversary of the Issue Date, shall be payable solely in cash, and thereafter, at the election of the Company, shall be payable in cash or Common Stock), and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, and any fees, penalties or premium, if any, onon all the Notes to be due and payable immediately, as if a valid Year 5 Repurchase Notice had been delivered to the Trustee, including the Interest Make-Whole Payment (which, up until the first anniversary of the Issue Date, shall be payable solely in cash, and thereafter, at the election of the Company, shall be payable in cash or Common Stock), on all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionTHE COMPANY EXPRESSLY WAIVES (TO THE FULLEST EXTENT IT MAY LAWFULLY DO SO) THE PROVISIONS OF ANY PRESENT OR FUTURE STATUTE OR LAW THAT PROHIBITS OR MAY PROHIBIT THE COLLECTION OF THE AMOUNTS SET FORTH IN THIS SECTION 6.02 IN CONNECTION WITH ANY SUCH ACCELERATION. The Company expressly agrees (to the fullest extent it may lawfully do so) that: (A) the amounts set forth in this Section 6.02 are reasonable and the product of an arm’s length transaction between sophisticated business people, ably represented by counsel; (B) such amounts shall be payable notwithstanding the then prevailing market rates at the time payment is made; (C) there has been a course of conduct between the Company and the Holders giving specific consideration in this transaction for such agreement to pay such amount; and (D) the Company shall be estopped hereafter from claiming differently than as agreed to in this paragraph. The immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of any accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of any accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interestsuch principal, in each case, at the then-applicable interest rate or rates, if any, specified in borne by the Notes to the date of at such payment or deposittime) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Change of Control Repurchase Price, if applicable) of, or any accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may (and the Trustee, at the written request of such Holders, shall) declare 100% of the principal of, and accrued and unpaid interest, if any, on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not any of its Significant Subsidiaries Company occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay and if (1) rescission would not conflict with any judgment or deliver, as the case may be, or shall deposit with the Trustee an amount decree of cash and/or shares a court of Common Stock sufficient to pay all matured installments of interest upon all the Notes, all amounts of consideration due upon the conversion of competent jurisdiction and (2) any and all converted Notes, and the principal of any and all Notes which shall have become due otherwise than by acceleration (with interest upon such principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest, at the rate or rates, if any, specified in the Notes to the date of such payment or deposit) and such amounts due to the Trustee pursuant to Section 7.06, and if any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j) or Section 6.01(k) with respect to the Company, but not any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j) or Section 6.01(k) with respect to the Company, but not any of its Significant Subsidiaries occurs and is continuing, the principal of, and accrued and unpaid interest, if any, on, all Notes shall be automatically and immediately due and payable. This provision, however, is subject to the condition that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee Securities Administrator an amount of cash and/or shares of Common Stock sufficient to pay all matured installments of interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, and the principal of any and all Notes which shall have become due otherwise than by acceleration (with interest upon such principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest, at the rate or rates, if any, specified in the Notes to the date of such payment or deposit) and such amounts due to the Trustee and/or to the Securities Administrator pursuant to Section 7.06, and if any and all Events of Default under this Indenture, other than the nonpayment of the principal of Notes which shall have become due by acceleration, shall have been cured, waived, or otherwise remedied pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company Company, to the Securities Administrator and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, premium, if any and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, premium, if any, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionIf the Notes are accelerated or otherwise become due prior to the Maturity Date as a result of or during the continuance of an Event of Default (including, but not limited to, upon the occurrence of an Event of Default specified in Section 6.01(i) or Section 6.01(j)), then the amount that becomes due and payable shall include (in addition to the other amounts described in the immediately-preceding sentence) a premium equal to the Redemption Premium calculated as of the date of such acceleration or date the Notes become due prior to the Maturity Date, determined as if such acceleration or due date were a Redemption Date pursuant to a Make-Whole Redemption of the Notes under Section 16.01(c) on the date of such acceleration or due date (regardless of whether any Make-Whole Redemption would otherwise be prohibited under Section 16.01(c) as of such acceleration or due date, including, without limitation, pursuant to Section 16.04(a) or Section 16.04(b)); provided, however, that (i) solely for purposes of calculating such premium, the “Notes to be redeemed” as that term is used in the definition of Redemption Premium shall not include any Notes previously called for redemption prior to the date of such acceleration or the date the Notes became due prior to the Maturity Date, and (ii) for the avoidance of doubt, no Holder shall be entitled to the Redemption Premium on such Notes that were previously called for redemption prior to such applicable date. Any Redemption Premium (including any Redemption Premium due as a result of the immediately-preceding sentence) shall be deemed to be principal of the Notes and interest shall accrue on the full principal amount of the Notes (including the amount of such Redemption Premium) from and after the applicable triggering event. The immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of any accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notespremium, and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of any accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interestsuch principal, in each case, at the then-applicable interest rate or rates, if any, specified in borne by the Notes to the date of at such payment or deposittime) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of of, premium, and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstandingRequisite Holders, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal of, premium, or any accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes (including, without limitation, any Interest Make-Whole Payment). Except as specifically provided for in this Indenture, each Holder has the right to maintain its investment in the Notes free from redemption or (iv) a breach repayment by the Company and the provision for payment of a covenant Redemption Premium in the first paragraph of this Section 6.02 by the Company in the event that canthe Notes are accelerated or otherwise become due prior to the Maturity Date as a result of or following an Event of Default is intended to provide compensation for the deprivation of such right under such circumstances. Without limiting the generality of the foregoing, it is understood and agreed that, if the Notes are accelerated or otherwise become due prior to the Maturity Date as a result of or during the continuance of an Event of Default (including, but not limited to, upon the occurrence of an Event of Default specified in Section 6.01(i) or Section 6.01(j)), the Redemption Premium with respect to a Make-Whole Redemption of the Notes under Section 16.01(c) (regardless of whether any Make-Whole Redemption would otherwise be modified prohibited under Section 16.01(c) as of such acceleration or amended due date, including, without the consent of each Holder limitation, pursuant to Section 10.0216.04) as provided in the first paragraph of this Section 6.02 will also be due and payable and shall constitute part of the Obligations with respect to the Notes to the extent provided in such paragraph, in view of the impracticability and extreme difficulty of ascertaining actual damages and by mutual agreement of the Company and the Holders to a reasonable calculation of each Holder’s lost profits and damages as the result thereof. Any such Redemption Premium shall be presumed to be the liquidated damages sustained by each Holder as the result of the early redemption or repayment, and the Company agrees that it is reasonable under the circumstances currently existing. Such Redemption Premium shall also be payable in the event the Notes (and/or this Indenture) are satisfied or released by foreclosure (whether or not by the power of judicial proceeding), deed in lieu of foreclosure, court order or by any other means. THE COMPANY EXPRESSLY WAIVES (TO THE FULLEST EXTENT IT MAY LAWFULLY DO SO) THE PROVISIONS OF ANY PRESENT OR FUTURE STATUTE OR LAWS THAT PROHIBITS THE COLLECTION OF THE FOREGOING PREMIUM IN CONNECTION WITH ANY SUCH ACCELERATION. The Company expressly agrees (to the fullest extent that it may lawfully do so) that: (A) the Redemption Premium is reasonable and is the product of an arm’s-length transaction between sophisticated business people, ably represented by counsel; (B) the Redemption Premium shall be payable notwithstanding the then-prevailing market rates at the time redemption or repayment is made; (C) no portion of the Redemption Premium represents “unmatured interest” within the meaning of 11 U.S.C. §502(b)(2); (D) there has been a course of conduct between Holders and the Company giving specific consideration in this transaction for such agreement to pay the Redemption Premium; and (E) the Company shall be estopped hereafter from claiming differently than as agreed to in this paragraph. The Company expressly acknowledges that its agreement to pay the Redemption Premium to Holders as herein described is a material inducement to Holders to purchase, exchange into, or otherwise accept the Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee may by notice in writing to the Company, or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with subject to Section 8.04, by notice in writing to the Company (may, and to the Trustee if given by Holdersat the request of such Holders shall (subject to being indemnified and/or secured and/or pre-funded to its satisfaction), may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, interest on, all Notes shall become and shall automatically be automatically and immediately due and payablepayable without any action on the part of the Trustee. This provisionIf an Event of Default occurs and is continuing, all agents of the Company appointed under this Indenture will be required to act on the direction of the Trustee. The immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in per annum borne by the Notes to the date of such payment or depositplus 1.00%) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction, (2) all payments to the Trustee have been made, and (3) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase pay the Tax Redemption Price, the Repurchase Price or any Notes when required, Fundamental Change Repurchase Price of any Note or (iii) a failure to pay or deliver, as the case may be, deliver the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee may by notice in writing to the Company, or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given may, and the Trustee at the request of such Holders accompanied by Holders)security and/or indemnity reasonably satisfactory to the Trustee against any loss, may liability or expense shall, declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, interest on, all Notes shall become and shall automatically be automatically and immediately due and payablepayable without any action on the part of the Trustee. This provisionIf an Event of Default occurs and is continuing, all agents of the Company appointed under this Indenture will be required to act on the direction of the Trustee. The immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in per annum borne by the Notes to the date of such payment or depositplus one percent) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee may by notice in writing to the Company, or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with subject to Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, interest on, all Notes shall become and shall automatically be automatically and immediately due and payablepayable without any action on the part of the Trustee. This provisionIf an Event of Default occurs and is continuing, all agents of the Company appointed under this Indenture will be required to act on the direction of the Trustee. The immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in per annum borne by the Notes to the date of such payment or depositplus 1.00%) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction, (2) all payments to the Trustee have been made, and (3) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase pay the Tax Redemption Price, the Repurchase Price or any Notes when required, Fundamental Change Repurchase Price of any Note or (iii) a failure to pay or deliver, as the case may be, deliver the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.02(i) or Section 6.01(k6.02(j) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee may by notice in writing to the Company, or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.048.02, by notice in writing to the Company (and to the Trustee if given may, and the Trustee at the request of such Holders accompanied by Holders)security and/or indemnity satisfactory to the Trustee and otherwise subject to the limitations set forth in the Indenture, may shall, declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, notwithstanding anything contained in this the Indenture or in the Notes contained to the contrary notwithstandingcontrary. If an Event of Default specified in Section 6.01(j6.02(i) or Section 6.01(k6.02(j) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, interest on, all Notes shall become and shall automatically be automatically and immediately due and payablepayable without any action on the part of the Trustee. This provisionIf an Event of Default occurs and is continuing, all agents of the Company appointed under the Indenture will be required to act on the direction of the Trustee. The immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum in immediately available funds sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in per annum borne by the Notes to the date of such payment or depositNotes) and such amounts due to the Trustee pursuant to Section 7.0611.01 of the Base Indenture, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this the Indenture, other than the nonpayment of the principal of and accrued and unpaid interest on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, or otherwise remedied cured pursuant to Section 6.096.02 or waived pursuant to Section 6.10, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul any such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this the Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 2530% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of at such payment or deposittime, plus one percent) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j‎Section 6.01(h) or Section 6.01(k‎Section 6.01(i) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section ‎Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j‎Section 6.01(h) or Section 6.01(k‎Section 6.01(i) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of at such payment or deposittime) and such amounts due to the Trustee pursuant to Section ‎Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section ‎Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any ‌ ​ Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j‎Section 6.01(i) or Section 6.01(k‎Section 6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04outstanding, by notice in writing to the Company (and to the Trustee if given by Holders), may (and the Trustee, at the written request of such Holders, shall) declare 100% of the principal of, and accrued and unpaid interest, if any, on, all the Notes to be due and payable immediately, and upon any such declaration of acceleration, the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j‎Section 6.01(i) or Section 6.01(k‎Section 6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of at such payment or deposittime, plus one percent) and such amounts due to the Trustee pursuant to Section ‎Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section ‎Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j‎Section 6.01(i) or Section 6.01(k‎Section 6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee may by notice in writing to the Company, or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section ‎Section 8.04, by notice in writing to the Company (and to the Trustee if given may, and the Trustee at the written request of such Holders accompanied by Holders)security and/or indemnity reasonably satisfactory to the Trustee against any loss, may liability or expense shall, declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j‎Section 6.01(i) or Section 6.01(k‎Section 6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, interest on, all Notes shall become and shall automatically be automatically and immediately due and payablepayable without any action on the part of the Trustee. This provisionIf an Event of Default occurs and is continuing, all agents of the Company appointed under this Indenture will be required to act on the direction of the Trustee. The immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in per annum borne by the Notes to the date of such payment or depositplus one percent) and such amounts due to the Trustee pursuant to Section ‎Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section ‎Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.02(i) or Section 6.01(k6.02(j) with respect to the Company, but not Company or any of its Significant SubsidiariesSubsidiary), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding Outstanding determined in accordance with Section 8.048.04 of the Base Indenture, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this the Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.02(i) or Section 6.01(k6.02(j) with respect to the Company, but not Company or any of its Significant Subsidiaries Subsidiary occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of at such payment or deposittime) and such amounts due to the Trustee pursuant to Section 7.067.06 of the Base Indenture, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this the Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.096.10, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstandingOutstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this the Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price, if applicable, and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase or redeem any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j‎Section 6.01(i) or Section 6.01(k‎Section 6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section ‎Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j‎Section 6.01(i) or Section 6.01(k‎Section 6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of at such payment or deposittime) and such amounts due to the Trustee pursuant to Section ‎Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section ‎Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any continuing Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but Company (and not solely with respect to any of its Significant Subsidiaries)), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but Company (and not solely with respect to any of its Significant Subsidiaries Subsidiaries) occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of accrued and unpaid interest, and on such principal at the rate or rates, if any, specified in borne by the Notes to the date of at such payment or deposittime) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase purchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but Company and not any of its solely with respect to one or more Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but Company (and not any of its solely with respect to one or more Significant Subsidiaries Subsidiaries) occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of such payment or depositNotes) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal of, or accrued and unpaid interest on, any Notes, Notes or (ii) a failure to repurchase any Notes when required, (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not any of its Company or a Significant SubsidiariesSubsidiary), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not any of its Company or a Significant Subsidiaries Subsidiary occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable (or have become immediately due and payable), and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of at such payment or deposittime) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction, (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, remedied or otherwise remedied waived pursuant to Section 6.096.09 and (3) the Company has paid to the Trustee a sum sufficient to pay for all sums paid or advanced by the Trustee and the compensation and reasonable expenses, disbursements and advances of the Trustee, its agents and its counsel incurred in connection with such Default or Event of Default, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, (iii) a failure to pay or deliverand, as the case may beif applicable, deliver the consideration due upon conversion of the Notes or (iv) a breach Default or Event of a covenant that cannot be modified or amended without Default in respect of any provision of this Indenture, the modification of which requires the consent of each Holder pursuant to Section 10.02of a Note.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j‎Section 6.01(i) or Section 6.01(k‎Section 6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section ‎Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j‎Section 6.01(i) or Section 6.01(k‎Section 6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of such payment or depositNotes) and such amounts due to the Trustee pursuant to Section ‎Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section ‎Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all existing and past Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, Notes or (ii) a failure to repurchase any Notes when required, (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of such payment or depositNotes) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all existing and past Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, Notes or (ii) a failure to repurchase any Notes when required, (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee may by notice in writing to the Company, or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given may, at its sole discretion and without further notice, and the Trustee at the request of such Holders accompanied by Holders)security, may pre-funding and/or indemnity satisfactory to the Trustee and otherwise subject to the limitations set forth in this Indenture, shall, declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, notwithstanding anything contained in this Indenture or in the Notes contained to the contrary notwithstandingcontrary. If an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, interest on, all Notes shall become and shall automatically be automatically and immediately due and payablepayable without any action on the part of the Trustee. This provisionIf an Event of Default occurs and is continuing, the Agents and any other agents of the Company appointed under this Indenture will be required to act on the direction of the Trustee. The immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum in immediately available funds sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in per annum borne by the Notes to the date of such payment or depositplus one percent) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case one or more Events If an Event of Default shall have occurred occurs and be is continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee (in its absolute discretion) by notice to the Company, or the Holders of at least 25% in of the aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee, may, and the Trustee if given at the request of such Holders accompanied by Holders)security and/or indemnity satisfactory to it shall, may declare 100% of the principal of, of and accrued and unpaid interest, if anyincluding any Additional Interest, on, on all the Notes to be due and payable immediatelypayable. Upon such a declaration of acceleration, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j) or Section 6.01(k) with respect to the Company, but not any of its Significant Subsidiaries occurs and is continuing, the all principal of, and accrued and unpaid interest, if anyincluding any Additional Interest, on, all on the Notes shall will be automatically and immediately due and payablepayable immediately. This provisionHowever, upon an Event of Default as described in Section 6.01(i) or Section 6.01(j) involving the Company, the aggregate principal amount and accrued and unpaid interest, including any Additional Interest, will be due and payable immediately without any further action required by the Trustee or Holders of the Notes. The immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in per annum borne by the Notes to the date of at such payment or deposittime, plus one percent) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding the above or anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal of, or accrued and unpaid interest on, including Additional Interest, if any, any Notes, the Redemption Price on the Redemption Date, or the Repurchase Price on the Repurchase Date or Fundamental Change Repurchase Price, (ii) a failure to repurchase any Notes when required, (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes in accordance with this Indenture or (iviii) a breach in respect of a covenant any provision under this Indenture that cannot be modified or amended without the consent of the Holders of each Holder pursuant to Section 10.02outstanding Note affected.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and any accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payablepayable without any further act or declaration on the part of the Holders or the Trustee. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of any accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of at such payment or deposittime) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any continuing Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or any accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but not any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may (and the Trustee, at the written request of such Holders, shall) declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but not any of its Significant Subsidiaries Company occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payablepayable without any declaration or other act on the part of the Trustee or any Holder. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of accrued and unpaid interest, and on such principal at the rate or rates, if any, specified in borne by the Notes to the date of at such payment or deposittime) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may (and the Trustee, at the written request of such Holders, shall) declare 100% of the principal of, and accrued and unpaid interest, if any, on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not any of its Significant Subsidiaries Company occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all of the Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of such payment or depositNotes) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal of, or accrued and unpaid interest on, any Notes, Notes or (ii) a failure to repurchase any Notes when required, (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j‎Section 6.01(i) or Section 6.01(k‎Section 6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section ‎Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), ) may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j‎Section 6.01(i) or Section 6.01(k‎Section 6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of at such payment or deposittime) and such amounts due to the Trustee pursuant to Section 7.06‎Section 7.07, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section ‎Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(k) or Section 6.01(k6.01(l) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(k) or Section 6.01(k6.01(l) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall irrevocably deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of such payment or depositNotes) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holder Representatives or the Holders of a majority 60% in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all existing and past Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not any of its Significant Subsidiaries), unless the principal of all of the Outstanding Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.049.04, by notice in writing to the Company (and to the Trustee if given by Holders), may (and the Trustee, at the written request of such Holders, shall) declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not any of its Significant Subsidiaries Company occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of at such payment or deposittime) and such amounts due to the Trustee pursuant to Section 7.068.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), ) may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of at such payment or deposittime) and such amounts due to the Trustee pursuant to Section 7.067.07, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.02(i) or Section 6.01(k6.02(j) with respect to the Company, but not any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding Outstanding determined in accordance with Section 8.048.04 of the Base Indenture, by notice in writing to the Company (and to the Trustee if given by Holders), may may, and the Trustee, at the direction of such Holders, shall, declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this the Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.02(i) or Section 6.01(k6.02(j) with respect to the Company, but not any of its Significant Subsidiaries Company occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of at such payment or deposittime) and such amounts due to the Trustee pursuant to Section 7.067.06 of the Base Indenture, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this the Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.096.10, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstandingOutstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this the Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Fundamental Change Repurchase Price or Redemption Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but not any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined (determined, for the avoidance of doubt, in accordance with Section 8.04), by written notice in writing to the Company (and to the Trustee if given by Holders), may may, and the Trustee, at the written request of such Holders, shall, declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, notwithstanding anything in this Indenture or to the contrary in the Notes contained to or the contrary notwithstandingIndenture. If an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but not any of its Significant Subsidiaries Company occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay and if (1) rescission would not conflict with any judgment or deliver, as the case may be, or shall deposit with the Trustee an amount decree of cash and/or shares a court of Common Stock sufficient to pay all matured installments of interest upon all the Notes, all amounts of consideration due upon the conversion of competent jurisdiction and (2) any and all converted Notes, and the principal of any and all Notes which shall have become due otherwise than by acceleration (with interest upon such principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest, at the rate or rates, if any, specified in the Notes to the date of such payment or deposit) and such amounts due to the Trustee pursuant to Section 7.06, and if any and all existing Events of Default under this Indenturethe Indenture with respect to the Notes, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenturethe Indenture with respect to the Notes; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon, provided further that all amounts due to the Trustee under Section 607 of the Base Indenture have been paid. Notwithstanding anything to the contrary hereinin the Indenture or the Notes, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, (iii) a failure to pay or deliver, as the case may be, the consideration Conversion Settlement Consideration due upon conversion of the Notes or (iv) a breach of a covenant any other provision that cannot be modified or amended without requires the consent of each affected Holder pursuant to amend. Notwithstanding anything to the contrary in the Indenture or the Notes, this Section 10.026.02 shall apply to the Notes in lieu of Section 502 of the Base Indenture.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not any of its Company or a Significant SubsidiariesSubsidiary), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may (and the Trustee, at the written request of such Holders, shall) declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not any of its Company or a Significant Subsidiaries Subsidiary occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable (or have become immediately due and payable), and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of at such payment or deposittime) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction, (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, remedied or otherwise remedied waived pursuant to Section 6.096.09 and (3) the Company has paid to the Trustee a sum sufficient to pay for all sums paid or advanced by the Trustee and the compensation and reasonable expenses, disbursements and advances of the Trustee, its agents and its counsel incurred in connection with such Default or Event of Default, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach Default or Event of a covenant that cannot be modified or amended without Default in respect of any provision of this Indenture, the modification of which requires the consent of each Holder pursuant to Section 10.02of a Note.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but not any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may (and the Trustee, at the written request of such Holders, shall) declare 100% of the principal of, and accrued and unpaid interest, if any, on, all the Notes then outstanding to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but not any of its Significant Subsidiaries Company occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payablepayable without any declaration or other act on the part of the Trustee or any Holder. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of accrued and unpaid interest, and on such principal at the rate or rates, if any, specified in borne by the Notes to the date of at such payment or deposittime) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any continuing Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(i) or Section 6.01(k6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall irrevocably deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of such payment or depositNotes) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all existing and past Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, Notes or (ii) a failure to repurchase any Notes when required, (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but not any of its Company or a Significant SubsidiariesSubsidiary), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), ) may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the then outstanding Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but not any of its Company or a Significant Subsidiaries Subsidiary occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payablepayable without any declaration or other act on the part of the Trustee or any Holder. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of accrued and unpaid interest, and on such principal at the rate or rates, if any, specified in borne by the Notes to the date of at such payment or deposittime) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but not any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may may, and the Trustee at the request of such Holders shall, declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the outstanding Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but not any of its Significant Subsidiaries Company occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payablepayable without any declaration or other act on the part of the Trustee or any Holder. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay and if (1) rescission would not conflict with any judgment or deliver, as the case may be, or shall deposit with the Trustee an amount decree of cash and/or shares a court of Common Stock sufficient to pay all matured installments of interest upon all the Notes, all amounts of consideration due upon the conversion of competent jurisdiction and (2) any and all converted Notes, and the principal of any and all Notes which shall have become due otherwise than by acceleration (with interest upon such principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest, at the rate or rates, if any, specified in the Notes to the date of such payment or deposit) and such amounts due to the Trustee pursuant to Section 7.06, and if any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j‎Section 6.01(i) or Section 6.01(k‎Section 6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section ‎Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interestSpecial Interest, if any, on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j‎Section 6.01(i) or Section 6.01(k‎Section 6.01(j) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interestSpecial Interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of interest accrued and unpaid Special Interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid Special Interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of at such payment or deposittime, plus one percent) and such amounts due to the Trustee pursuant to Section ‎Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid Special Interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section ‎Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest Special Interest, if any, on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but Company (and not with respect to any of its Significant Subsidiaries)), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but not any of its Significant Subsidiaries Company occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay (1) rescission would not conflict with any judgment or deliver, as the case may be, or shall deposit with the Trustee an amount decree of cash and/or shares a court of Common Stock sufficient to pay all matured installments of interest upon all the Notes, all amounts of consideration due upon the conversion of competent jurisdiction and (2) any and all converted Notes, and the principal of any and all Notes which shall have become due otherwise than by acceleration (with interest upon such principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest, at the rate or rates, if any, specified in the Notes to the date of such payment or deposit) and such amounts due to the Trustee pursuant to Section 7.06, and if any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but Company (and not any of its with respect to a Significant SubsidiariesSubsidiary)), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may (and the Trustee, at the written request of such Holders, shall) declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but Company (and not any of its with respect to a Significant Subsidiaries Subsidiary) occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay and if (1) rescission would not conflict with any judgment or deliver, as the case may be, or shall deposit with the Trustee an amount decree of cash and/or shares a court of Common Stock sufficient to pay all matured installments of interest upon all the Notes, all amounts of consideration due upon the conversion of competent jurisdiction and (2) any and all converted Notes, and the principal of any and all Notes which shall have become due otherwise than by acceleration (with interest upon such principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest, at the rate or rates, if any, specified in the Notes to the date of such payment or deposit) and such amounts due to the Trustee pursuant to Section 7.06, and if any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(k) or Section 6.01(k6.01(l) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(k) or Section 6.01(k6.01(l) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall irrevocably deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of such payment or depositNotes) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all existing and past Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, Notes or (ii) a failure to repurchase any Notes when required, (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j5.02(i) or Section 6.01(k5.02(j) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee by notice in writing to the Company, or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.046.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal amount of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this the Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j5.02(i) or Section 6.01(k5.02(j) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal amount of, and accrued and unpaid interest, if any, interest on, all the Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of at such payment or deposittime) and such amounts due to the Trustee pursuant to Section 7.067.06 of the Base Indenture, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this the Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.095.10, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this the Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but not any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal Capitalized Principal Amount of, and accrued and unpaid interest, if any, interest that has not been paid or capitalized on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but not any of its Significant Subsidiaries Company occurs and is continuing, 100% of the principal Capitalized Principal Amount of, and accrued and unpaid interestinterest that has not been paid or capitalized, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payablepayable without any declaration or other act on the part of the Trustee or any Holder. This provisionNotwithstanding the foregoing, if any of the Notes have been accelerated but such payments have not been made before the date that the Company would be required to provide a Fundamental Change Company Notice for a Change in Control Transaction pursuant to Section 15.02, then the amounts due upon acceleration provided above shall be adjusted by replacing “100%” with “125%.” The immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued interest that has not been paid or capitalized upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interestaccrued interest that has not been paid or capitalized, and on such principal at the rate or rates, if any, specified in Cash Interest Rate borne by the Notes to the date of at such payment or deposittime) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued interest that has not been paid or capitalized, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest that has not been paid or capitalized on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j) or Section 6.01(k) with respect to the Company, but not Company or any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j) or Section 6.01(k) with respect to the Company, but not Company or any of its Significant Subsidiaries occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock sufficient a sum sufficient, as determined by the Company, to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of at such payment or deposittime, plus one percent as Defaulted Amount) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach failure to pay the amount due in respect of a covenant that cannot be modified any Pass-Through Dividend or amended without the consent of each Holder pursuant to Section 10.02Gross-Up Dividend.

Acceleration; Rescission and Annulment. In case If one or more Events of Default (other than an Event of Default specified in Section 6.01(h) or Section 6.01(i) with respect to the Company (and not with respect to a Significant Subsidiary)) shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j) or Section 6.01(k) with respect to the Company, but not any of its Significant Subsidiaries)case, unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but Company (and not any of its with respect to a Significant Subsidiaries Subsidiary) occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payable. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay and if (1) rescission would not conflict with any judgment or deliver, as the case may be, or shall deposit with the Trustee an amount decree of cash and/or shares a court of Common Stock sufficient to pay all matured installments of interest upon all the Notes, all amounts of consideration due upon the conversion of competent jurisdiction and (2) any and all converted Notes, and the principal of any and all Notes which shall have become due otherwise than by acceleration (with interest upon such principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest, at the rate or rates, if any, specified in the Notes to the date of such payment or deposit) and such amounts due to the Trustee pursuant to Section 7.06, and if any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstandingoutstanding (including, without limitation, additional Notes and PIK Notes), by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes. Notwithstanding anything to the contrary in this Indenture or the Notes, if the Notes are accelerated or otherwise become due prior to their stated maturity, in each case as a result of an Event of Default (including, but not limited to, an Event of Default specified in Section 6.01(h) or Section 6.01(i) (including the acceleration of any portion of the Indebtedness evidenced by the Notes by operation of law)), the amount that shall then be due and payable shall be equal to: (x) 100% of the principal amount of the Notes (including PIK Notes) then outstanding plus the Applicable Premium in effect on the date of such acceleration plus (y) accrued and unpaid interest to, but excluding, the date of such acceleration, in each case as if such acceleration were an optional redemption of the Notes so accelerated. Without limiting the generality of the foregoing, it is understood and agreed that if the Notes are accelerated or otherwise become due prior to their stated maturity, in each case, as a result of an Event of Default (including, but not limited to, an Event of Default specified in Section 6.01(h) or Section 6.01(i) (including the acceleration of any portion of the Indebtedness evidenced by the Notes by operation of law)), the Applicable Premium with respect to an optional redemption of the Notes shall also be due and payable as though the Notes had been optionally redeemed on the date of such acceleration and shall constitute part of the Obligations with respect to the Notes in view of the impracticability and difficulty of ascertaining actual damages and by mutual agreement of the parties as to a reasonable calculation of each Holder’s lost profits as a result thereof. If the Applicable Premium becomes due and payable, it shall be deemed to be principal of the Notes and interest shall accrue on the full principal amount of the Notes (including the Applicable Premium) from and after the applicable triggering event, including in connection with an Event of Default specified in Section 6.01(h) or Section 6.01(i). Any premium payable pursuant to this paragraph shall be presumed to be liquidated damages sustained by each Holder as the result of the acceleration of the Notes and the Company agrees that it is reasonable under the circumstances currently existing. The premium shall also be payable in the event the Notes or this Indenture are satisfied, released or discharged through foreclosure, whether by judicial proceeding, deed in lieu of foreclosure or by any other means. THE COMPANY EXPRESSLY WAIVES (ivTO THE FULLEST EXTENT IT MAY LAWFULLY DO SO) THE PROVISIONS OF ANY PRESENT OR FUTURE STATUTE OR LAW THAT PROHIBITS OR MAY PROHIBIT THE COLLECTION OF THE FOREGOING PREMIUM IN CONNECTION WITH ANY SUCH ACCELERATION. The Company expressly agrees (to the fullest extent it may lawfully do so) that: (A) the premium is reasonable and is the product of an arm’s length transaction between sophisticated business entities ably represented by counsel; (B) the premium shall be payable notwithstanding the then prevailing market rates at the time acceleration occurs; (C) there has been a breach course of conduct between the Holders and the Company giving specific consideration in this transaction for such agreement to pay the premium; and (D) the Company shall be estopped hereafter from claiming differently than as agreed to in this paragraph. The Company and expressly acknowledges that its agreement to pay the premium to the Holders as herein described is a covenant that cannot be modified or amended without material inducement to the consent of each Holder pursuant Holders to Section 10.02purchase the Notes. THE PREMIUM IS DEEMED TO CONSTITUTE LIQUIDATED DAMAGES, AND THE PARTIES HERETO EACH ACKNOWLEDGE AND AGREE THAT SUCH DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE AND THAT THE SETTLEMENT AMOUNT IS INTENDED TO BE A REASONABLE APPROXIMATION OF THE AMOUNT OF SUCH DAMAGES AND NOT A PENALTY.

Acceleration; Rescission and Annulment. In case If one or more Events of Default shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), then, and in each and every such case (other than an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but not any of its Significant Subsidiaries), unless the principal of all of the Notes shall have already become due and payable, either the Trustee or the Holders of at least 25% in aggregate principal amount of the Notes then outstanding determined in accordance with Section 8.04, by notice in writing to the Company (and to the Trustee if given by Holders), may (and the Trustee, at the written request of such Holders, shall) declare 100% of the principal of, and accrued and unpaid interest, if any, interest on, all the Notes to be due and payable immediately, and upon any such declaration the same shall become and shall automatically be immediately due and payable, anything contained in this Indenture or in the Notes contained to the contrary notwithstanding. If an Event of Default specified in Section 6.01(j6.01(h) or Section 6.01(k6.01(i) with respect to the Company, but not any of its Significant Subsidiaries Company occurs and is continuing, 100% of the principal of, and accrued and unpaid interest, if any, on, all Notes shall become and shall automatically be automatically and immediately due and payablepayable without any action on the part of the Trustee or holders. This provisionThe immediately preceding paragraph, however, is subject to the condition conditions that if, at any time after the principal of the Notes shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys monies due shall have been obtained or entered as hereinafter provided, the Company shall pay or deliver, as the case may be, or shall deposit with the Trustee an amount of cash and/or shares of Common Stock a sum sufficient to pay all matured installments of accrued and unpaid interest upon all the Notes, all amounts of consideration due upon the conversion of any and all converted Notes, Notes and the principal of any and all Notes which that shall have become due otherwise than by acceleration (with interest upon such principal and, on overdue installments of accrued and unpaid interest to the extent that payment of such interest is enforceable under applicable law, and on overdue installments of interest, such principal at the rate or rates, if any, specified in borne by the Notes to the date of at such payment or deposittime) and such amounts due to the Trustee pursuant to Section 7.06, and if (1) rescission would not conflict with any judgment or decree of a court of competent jurisdiction and (2) any and all existing Events of Default under this Indenture, other than the nonpayment of the principal of and accrued and unpaid interest, if any, on Notes which that shall have become due solely by such acceleration, shall have been cured, waived, cured or otherwise remedied waived pursuant to Section 6.09, then and in every such case (except as provided in the immediately succeeding sentence) the Holders of a majority in aggregate principal amount of the Notes then outstanding, by written notice to the Company and to the Trustee, may waive all Defaults or Events of Default with respect to the Notes and rescind and annul such declaration and its consequences and such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver or rescission and annulment shall extend to or shall affect any subsequent Default or Event of Default, or shall impair any right consequent thereon. Notwithstanding anything to the contrary herein, no such waiver or rescission and annulment shall extend to or shall affect any continuing Default or Event of Default resulting from (i) the nonpayment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, or accrued and unpaid interest on, any Notes, (ii) a failure to repurchase any Notes when required, required or (iii) a failure to pay or deliver, as the case may be, the consideration due upon conversion of the Notes or (iv) a breach of a covenant that cannot be modified or amended without the consent of each Holder pursuant to Section 10.02Notes.