Common use of Calculations in Respect of Notes Clause in Contracts

Calculations in Respect of Notes. Except as otherwise provided in this Indenture, the Company shall be responsible for making all calculations called for hereunder and under the Notes or in connection with a conversion. These calculations include, but are not limited to, determinations of the Last Reported Sale Price, accrued interest payable on the Notes and the Conversion Rate on the Notes. The Company shall make all these calculations in good faith and, absent manifest error, the Company’s calculations will be final and binding on the Holders. The Company shall provide a schedule of the Company’s calculations to each of the Trustee and the Conversion Agent, and each of the Trustee and the Conversion Agent is entitled to rely conclusively upon the accuracy of the Company’s calculations without independent verification. The Trustee will forward the Company’s calculations to any Holder upon the written request of such Holder.

Calculations in Respect of Notes. Except as otherwise provided in this Indentureherein, the Company shall be responsible for making make all calculations called for hereunder and under in respect of the Notes or in connection with a conversionNotes. These calculations include, but are not limited to, determinations of the Last Reported Sale Price, Daily VWAPs, Daily Conversion Values, Daily Settlement Amounts, accrued interest payable on the Notes and the Conversion Rate on the NotesRate. The Company shall make all these calculations in good faith and, absent manifest error, the Company’s such calculations will shall be final and binding on the Holders. The Company shall provide a schedule of the Company’s its calculations to each of the Trustee and the Conversion AgentAgent (if other than the Trustee), and each of the Trustee and the Conversion Agent is entitled to rely conclusively upon the accuracy of the Company’s such calculations without independent verification. The Trustee will shall forward the Company’s calculations to any Holder upon the written request of such HolderXxxxxx’s request.

Calculations in Respect of Notes. Except as otherwise provided in this Indenture, the The Company shall be responsible for making all calculations called for hereunder and under the Notes or in connection with a conversion. These calculations include, but are not limited to, determinations of the Last Reported Sale Price, accrued interest payable on the Notes Notes, the Redemption Price and the Conversion Rate on the Notes. The Company shall make all these calculations in good faith and, absent manifest error, the Company’s calculations will be final and binding on the Holders. The Company shall provide a schedule of the Company’s calculations to each of the Trustee and the Conversion Agent, and each of the Trustee and the Conversion Agent is entitled to rely conclusively upon the accuracy of the Company’s calculations without independent verification. The Trustee will forward the Company’s calculations to any Holder upon the written request of such Holder.

Calculations in Respect of Notes. Except as otherwise provided in this Indenture, the Company shall be responsible for making all calculations called for hereunder and under the Notes or in connection with a conversion. These calculations include, but are not limited to, determinations of the Last Reported Sale Sales Price, accrued interest payable on the Notes Notes, the Daily VWAP, the Daily Settlement Amount and the Conversion Rate on the Notes. The Company shall make all these calculations in good faith and, absent manifest error, the Company’s calculations will be final and binding on the Holders. The Company shall provide a schedule of the Company’s calculations to each of the Trustee and the Conversion Agent, and each of the Trustee and the Conversion Agent is entitled to rely conclusively upon the accuracy of the Company’s calculations without independent verification. The Trustee will forward the Company’s calculations to any Holder upon the written request of such Holder.

Calculations in Respect of Notes. Except as otherwise provided in this the Indenture, the Company shall be responsible for making all calculations called for hereunder and under the Notes or in connection with a conversion. These calculations include, but are not limited to, determinations of the Last Reported Sale Sales Price, accrued interest payable on the Notes and the Conversion Rate on the Notes. The Company shall make all these calculations in good faith and, absent manifest error, the Company’s calculations will be final and binding on the Holders. The Company shall provide a schedule of the Company’s calculations to each of the Trustee and the Conversion Agent, and each of the Trustee and the Conversion Agent is entitled to rely conclusively upon the accuracy of the Company’s calculations without independent verification. The Trustee will forward the Company’s its calculations to any Holder upon the written request of such Holder.

Calculations in Respect of Notes. Except as otherwise provided in this Subject to the terms of the Indenture, the Company shall will be responsible for making all calculations called for hereunder and under the Notes or in connection with a conversionNotes. These calculations include, but are not limited to, determinations of the Last Reported Sale Pricemarket prices of the Notes and the Common Stock, any accrued interest payable on the Notes and the Conversion Rate on of the Notes. The Company shall will make all these calculations in good faith and, absent manifest error, the Company’s calculations will be final and binding on Holders of the HoldersNotes. The Company shall will provide to the Trustee a schedule of the Company’s calculations to each of the Trustee and the Conversion Agentits calculations, and each of the Trustee and the Conversion Agent is are entitled to rely conclusively upon the accuracy of the Company’s such calculations without independent verification. The Trustee will forward the Company’s calculations to any Holder of the Notes upon the written request of such Holder.

Calculations in Respect of Notes. Except as otherwise provided in this Indenture, the Company shall be responsible for making all calculations called for hereunder and under the Notes or in connection with a conversion. These calculations include, but are not limited to, determinations of the Last Reported Sale Price, accrued interest payable on the Notes and the Conversion Rate on the Notes. The Company shall make all these calculations in good faith and, absent manifest error, the Company’s calculations will be final and binding on the Holders. The Company shall provide a schedule of the Company’s calculations to each of the Trustee and the Conversion Agent, and each of the Trustee and the Conversion Agent is entitled to rely conclusively upon the accuracy of the Company’s calculations without independent verification. The Trustee will forward the Company’s calculations to any Holder upon the written request of such Holder.

Calculations in Respect of Notes. Except as otherwise provided in this Indenture, the The Company shall will be responsible for making all calculations called for hereunder and under the Notes or in connection required pursuant to this Indenture, including, without limitation, calculations with a conversion. These calculations include, but are not limited to, respect to determinations of the Last Reported Sale PricePrices, accrued interest (including any Special Interest or Additional Interest) payable on the Notes and Notes, the Conversion Price, the Conversion Rate on the Notesand Make-Whole Premium. The Company shall make all these such calculations in good faith and, absent manifest error, the Company’s calculations will shall be final and binding on the Holders. The Company shall will provide a written schedule of the Company’s such calculations to each of the Trustee and Trustee, including in its capacity as the Conversion Agent, and each of the Trustee and the Conversion Agent is shall be entitled to conclusively rely conclusively upon the accuracy of the Company’s calculations without responsibility for independent verificationverification thereof and shall not be responsible for such calculations. The Trustee will shall forward the Company’s a copy of such calculations to any Holder upon the such Holder’s written request and at the sole cost and expense of such Holderthe Company.

Calculations in Respect of Notes. Except as otherwise provided in this Indenture, the Company shall be responsible for making all calculations called for hereunder and under the Notes or in connection with a conversion. These calculations include, but are not limited to, determinations of the Last Reported Sale Sales Price, accrued interest payable on the Notes and the Conversion Rate on the Notes. The Company shall make all these calculations in good faith and, absent manifest error, the Company’s calculations will be final and binding on the Holders. The Company shall provide a schedule of the Company’s calculations to each of the Trustee and the Conversion Agent, and each of the Trustee and the Conversion Agent is entitled to rely conclusively upon the accuracy of the Company’s calculations without independent verification. The Trustee will forward the Company’s calculations to any Holder upon the written request of such Holder.