Common use of Adjustments Not Yet Effective Clause in Contracts

Adjustments Not Yet Effective. If a Holder converts a Note to which Cash Settlement or Combination Settlement is applicable and, on any Trading Day during the Cash Settlement Averaging Period corresponding to the Conversion Date for such Note: (A) shares of Common Stock are deliverable as part of the Daily Settlement Amount for such Trading Day; (B) any event that requires an adjustment to the Conversion Rate pursuant to Sections 10.05(a), (b), (c), (d) or (e) has occurred, but will not result in an adjustment to the Conversion Rate for such Trading Day for such Holder; and (C) the shares of Common Stock (or the cash value thereof) that the Holder shall receive as part of the Daily Settlement Amount for such Trading Day will not be entitled to participate in the distribution or transaction requiring the adjustment (because such shares were not held by such Holder on the record date corresponding to such distribution or transaction or otherwise), then the Company will adjust the number of shares of Common Stock (or the cash value thereof) deliverable to such Holder as part of the Daily Settlement Amount for such Trading Day in a manner that appropriately reflects the relevant distribution or transaction requiring adjustment.

Adjustments Not Yet Effective. If a Holder Noteholder converts a Note to which Cash Settlement or Combination Settlement is applicable and, on any VWAP Trading Day during the Cash Settlement Averaging Observation Period corresponding to the Conversion Date for such Note: (A) shares of Common Stock are deliverable as part of the Daily Settlement Amount for such VWAP Trading Day; (B) any event that requires an adjustment to the Conversion Rate pursuant to Sections 10.05(a12.05(a), (b), (c), (d) ), or (e) has occurred, but will not result in an adjustment to the Conversion Rate for such VWAP Trading Day for such HolderNoteholder; and (C) the shares of Common Stock (or the cash value thereof) that the Holder Noteholder shall receive as part of the Daily Settlement Amount for such VWAP Trading Day will not be entitled to participate in the distribution or transaction requiring the adjustment (because such shares were not held by such Holder Noteholder on the record date corresponding to such distribution or transaction or otherwise), then the Company will shall adjust the number of shares of Common Stock (or the cash value thereof) deliverable to such Holder Noteholder as part of the Daily Settlement Amount for such VWAP Trading Day in a manner that appropriately reflects the relevant distribution or transaction requiring adjustment.