Common use of Adjustments Upon Certain Fundamental Changes Clause in Contracts

Adjustments Upon Certain Fundamental Changes. If a Holder elects to convert Securities pursuant to Section 14.01(b)(ii) above in connection with a transaction described therein and the transaction (1) has an effective date occurring on or prior to May 15, 2013 and (2) constitutes a Fundamental Change, subject to Section 14.06 below, the Conversion Rate for such Securities shall be increased by an additional number of shares of Common Stock (the “Additional Shares”) as described below. Any conversion occurring at a time when the Securities would be convertible in light of the expected or actual occurrence of a Fundamental Change will be deemed to have occurred in connection with such Fundamental Change notwithstanding the fact that a Security may then be convertible because another condition to conversion has been satisfied.