Calculations; Determinations. Without limiting Clause Samples

Calculations; Determinations. Without limiting. Section 12.12 of the Indenture, the Company will be responsible for making all calculations called for under the Indenture, this Supplemental Indenture or the Notes, including determinations of the Conversion Consideration, the Last Reported Sale Price, the Daily Conversion Value, the Daily Cash Amount, the Daily Share Amount, the Daily VWAP, accrued interest on the Notes and the Conversion Rate and, in any event, neither the Trustee nor any Conversion Agent shall have any responsibility therefor. The Company will make all calculations in good faith, and, absent manifest error, its calculations will be final and binding on all Holders. The Company will provide a schedule of its calculations to the Trustee and the Conversion Agent, and each of the Trustee and the Conversion Agent may rely conclusively on the accuracy of the Company’s calculations without independent verification. The Trustee will promptly forward a copy of each such schedule to a Holder upon its written request therefor at the sole cost and expense of the Company.