Common use of Adjustments Not Yet Effective Clause in Contracts

Adjustments Not Yet Effective. Notwithstanding anything to the contrary in this Indenture or the Notes, if: (i) a Note is to be Exchanged pursuant to Combination Settlement; (ii) the record date, effective date or Expiration Time for any event that requires an adjustment to the Exchange Rate pursuant to Section 5.05(A) has occurred on or before any VWAP Trading Day in the Observation Period for such Exchange, but an adjustment to the Exchange Rate for such event has not yet become effective as of such VWAP Trading Day; (iii) the Exchange Consideration due in respect of such VWAP Trading Day includes any whole or fractional shares of Common Stock; and (iv) such shares are not entitled to participate in such event (because they were not held on the related record date or otherwise), then, solely for purposes of such Exchange, the Company will, without duplication, give effect to such adjustment on such VWAP Trading Day. In such case, if the date on which the Company is otherwise required to deliver the consideration due upon such Exchange is before the first date on which the amount of such adjustment can be determined, then the Company will delay the settlement of such Exchange until the second (2nd) Business Day after such first date.

Adjustments Not Yet Effective. Notwithstanding anything to the contrary in this Indenture or the Notes, if: (i) a Note is to be Exchanged converted pursuant to Combination Settlement; (ii) the record date, effective date or Expiration Time for any event that requires an adjustment to the Exchange Conversion Rate pursuant to Section 5.05(A) has occurred on or before any VWAP Trading Day in the Observation Period for such Exchangeconversion, but an adjustment to the Exchange Conversion Rate for such event has not yet become effective as of such VWAP Trading Day; (iii) the Exchange Conversion Consideration due in respect of such VWAP Trading Day includes any whole or fractional shares of Common StockOrdinary Shares; and (iv) such shares Ordinary Shares are not entitled to participate in such event (because they were not held on the related record date or otherwise), then, solely for purposes of such Exchangeconversion, the Company will, without duplication, give effect to such adjustment on such VWAP Trading Day. In such case, if the date on which the Company is otherwise required to deliver the consideration due upon such Exchange conversion is before the first date on which the amount of such adjustment can be determined, then the Company will delay the settlement of such Exchange conversion until the second (2nd) Business Day after such first date.

Adjustments Not Yet Effective. Notwithstanding anything to the contrary in this Indenture or the Notes, if: (i) a Note is to be Exchanged converted pursuant to Combination Settlement; (ii) the record date, effective date or Expiration Time for any event that requires an adjustment to the Exchange Conversion Rate pursuant to Section 5.05(A) has occurred on or before any VWAP Trading Day in the Observation Period for such Exchangeconversion, but an adjustment to the Exchange Conversion Rate for such event has not yet become effective as of such VWAP Trading Day; (iii) the Exchange Conversion Consideration due in respect of such VWAP Trading Day includes any whole or fractional shares of Common Stock; and (iv) such shares are not entitled to participate in such event (because they were not held on the related record date or otherwise), then, solely for purposes of such Exchangeconversion, the Company will, without duplication, give effect to such adjustment on such such VWAP Trading Day. In such case, if the date on which the Company is otherwise required to deliver the consideration due upon such Exchange conversion is before the first date on which the amount of such adjustment can be determined, then the Company will delay the settlement of such Exchange conversion until the second (2nd) Business Day after such first date.