Common use of Additional Interest and Reduction of Conversion Rate Under Certain Circumstances Clause in Contracts

Additional Interest and Reduction of Conversion Rate Under Certain Circumstances. If the Shelf Registration is not filed with the SEC by June 1, 1998, or if the Shelf Registration is not declared effective by the SEC by September 1, 1998, (i) the interest rates on the Notes affected by such failure shall increase (effective June 1, 1998, with respect to a failure to file the Shelf Registration, or September 1, 1998 with respect to the failure of the Shelf Registration to be declared effective) by 50 basis points (1/2%) over the annual interest rates then in effect and (ii) the Conversion Rate on the Notes affected by such failure shall decrease (effective June 1, 1998, with respect to a failure to file the Shelf Registration, or September 1, 1998 with respect to the failure of the Shelf Registration to be declared effective) by five percent (5%). If the Shelf Registration is not filed and declared effective by December 1, 1998, then (i) the annual rate at which the Company shall pay interest on the Notes shall further increase with respect to the Notes, effective on December 1, 1998, by 50 basis points (1/2%) over the annual interest rate then in effect and (ii) the Conversion Rate on the Notes shall further decrease with respect to the Notes, effective on December 1, 1998, by five percent (5%). The annual rate at which the Company shall pay interest shall continue to increase by 50 basis points (1/2%) and the Conversion Rate shall continue to decrease by five percent (5%) at the end of each 180-day period thereafter, effective on the 181st day, until the Shelf Registration is filed and declared effective by the SEC. The interest rates and the Conversion Rate on the Notes shall return to the rates otherwise in effect on the Notes but for the application of the preceding provisions on the date the Shelf Registration is filed with or declared effective by the SEC, as applicable. The Company shall notify holders of the affected Notes immediately after the occurrence of each and every event which pursuant to this paragraph (b) results in any increase or decrease in the interest rates payable and the Conversion Rate on such Notes.