Common use of Calculations in Respect of Notes Clause in Contracts

Calculations in Respect of Notes. Except as otherwise provided above, we will be responsible for making all calculations called for under the notes. These calculations include, but are not limited to, determinations of the capitalization amounts with respect to PIK interest, the last reported sale prices of our common stock, the daily VWAPs, the daily conversion values, the daily settlement amounts, accrued interest payable on the notes and the conversion rate of the notes. We will make all these calculations in good faith and, absent manifest error, our calculations will be final and binding on holders of notes. We will provide a schedule of our 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 our calculations without independent verification. We will forward our calculations to any holder of notes upon the request of that holder.

Appears in 2 contracts

Samples: Sales Agreement, Sales Agreement

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Calculations in Respect of Notes. Except as otherwise provided above, we will be responsible for making all calculations called for under the notes. These calculations include, but are not limited to, determinations of the capitalization amounts with respect to PIK intereststock price, the last reported sale prices of our common stock, the redemption price, the daily VWAPs, the daily conversion values, the daily settlement amounts, accrued interest payable on the notes and the conversion rate of the notes. We will make all these calculations in good faith and, absent manifest error, our calculations will be final and binding on holders of notes. We will provide a schedule of our 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 our calculations without independent verification. We The trustee will forward our calculations to any holder of notes upon the request of that holder.

Appears in 1 contract

Samples: Purchase Agreement (Sarepta Therapeutics, Inc.)

Calculations in Respect of Notes. Except as otherwise provided above, we will be responsible for making all calculations called for under the notes. These calculations include, but are not limited to, determinations of the capitalization amounts with respect to PIK intereststock price, the last reported sale prices of our common stock, the daily VWAPs, the daily conversion values, the daily settlement amounts, accrued interest payable on the notes notes, the interest make-whole payment, the daily VWAP and the conversion rate of the notesnotes (including any adjustments thereof). We will make all these calculations in good faith and, absent manifest error, our calculations will be final and binding on holders of notes. We will provide a schedule of our 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 our calculations without independent verification. We The trustee will forward our calculations to any holder of notes upon the written request of that holder.

Appears in 1 contract

Samples: Loan and Security Agreement (Senseonics Holdings, Inc.)

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Calculations in Respect of Notes. Except as otherwise provided above, we We will be responsible for making all calculations called for under the notes. These calculations include, but are not limited to, determinations of the capitalization amounts with respect to PIK interest, the last reported sale prices of our common stock, the daily VWAPssettlement period and settlement period trading days, the daily conversion values, if applicable, the daily settlement amountsamount, the conversion rate of the notes and accrued interest payable on the notes and the conversion rate of the notes. We will make all these calculations in good faith and, absent manifest error, our calculations will be final and binding on holders of notes. We will provide a schedule of our 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 our calculations without independent verification. We The trustee will forward our calculations to any holder of notes upon the request of that holder.

Appears in 1 contract

Samples: Loan and Security Agreement (Gevo, Inc.)

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