Common use of Calculations in Respect of Notes Clause in Contracts

Calculations in Respect of Notes. Except as otherwise specifically stated herein or in the Notes, all calculations to be made in respect of the Notes shall be the obligation of the Issuer. These calculations include, but are not limited to, determinations of the Closing Sale Price or the volume-weighted average price of the Common Stock, the Daily Settlement Amounts, the Daily Exchange Values, the Exchange Share Cap, the Aggregate Share Cap, accrued interest payable on the Notes, the Exchange Rate and the Exchange Price. All calculations made by the Issuer or its agent as contemplated pursuant to the terms hereof and of the Notes shall be made in good faith and be final and binding on the Notes and the Holders of the Notes absent manifest error. The Issuer shall provide a schedule of calculations to the Trustee, and the Trustee shall be entitled to rely upon the accuracy of the calculations by the Issuer without independent verification. The Trustee, at the expense of the Issuer, shall forward calculations made by the Issuer to any Holder of Notes upon request. None of the Trustee, the Note Registrar, the Paying Agent, the Exchange Agent and the Bid Solicitation Agent (if other than the Issuer) shall have any responsibility to determine the Trading Price of the Notes or the Closing Sale Price or whether the conditions to exchange specified in Article 13 have been satisfied. ARTICLE 14

Calculations in Respect of Notes. Except as otherwise specifically stated herein or in the Notes, all calculations to be made in respect of the Notes shall be the obligation of the Issuer. These calculations include, but are not limited to, determinations of the Closing Sale Price or the volume-weighted average price of the Common Stock, the Daily Settlement Amounts, the Daily Exchange Values, the Exchange Share Cap, the Aggregate Share Cap, accrued interest Interest payable on the Notes, the Exchange Rate and the Exchange Price. All calculations made by the Issuer or its agent as contemplated pursuant to the terms hereof and of the Notes shall be made in good faith and be final and binding on the Notes and the Holders of the Notes absent manifest error. The Issuer shall provide a schedule of calculations to the Trustee, and the Trustee shall be entitled to rely upon the accuracy of the calculations by the Issuer without independent verification. The Trustee, at the expense of the Issuer, shall forward calculations made by the Issuer to any Holder of Notes upon written request. None of the Trustee, the Note Registrar, the Paying Agent, the Exchange Agent and the Bid Solicitation Agent (if other than the Issuer) shall have any responsibility to determine the Trading Price of the Notes or the Closing Sale Price or whether the conditions to exchange specified in Article 13 have been satisfied. ARTICLE 14.

Calculations in Respect of Notes. Except as otherwise specifically stated herein or provided in this Indenture, the Notes, Issuer shall be responsible for making all calculations to be made in respect of called for under the Notes shall be the obligation of the Issuerand this Indenture. These calculations include, but are not limited to, determinations of the Closing Last Reported Sale Price or the volume-weighted average price Prices of the Common Stock, the Daily Settlement Amounts, the Daily Exchange Values, the Exchange Share Cap, the Aggregate Share Cap, accrued interest payable on the Notes, Notes and the Exchange Rate and the Exchange Price. All calculations made by the Issuer or its agent as contemplated pursuant to the terms hereof and of the Notes (including any adjustments thereto). The Issuer shall be made make all these calculations in good faith and and, absent manifest error, the Issuer’s calculations shall be final and binding on the Notes and the Holders of the Notes absent manifest errorNotes. The Issuer shall provide a schedule of its calculations to each of the TrusteeTrustee and the Exchange Agent, and each of the Trustee shall be and Exchange Agent is entitled to rely conclusively upon the accuracy of the Issuer’s calculations by the Issuer without independent verificationverification and neither shall have any liability or responsibility for the calculations or any information used to make such calculations. The Trustee, at the expense of Trustee will forward the Issuer, shall forward ’s calculations made by the Issuer to any Holder of Notes upon request. None the request of that Holder at the sole cost and expense of the Trustee, Issuer. Neither the Note Registrar, the Paying Agent, Trustee nor the Exchange Agent shall be responsible for determining whether any event has occurred that would cause an adjustment to the Exchange Rate. The Issuer shall deliver a notice to the Trustee and the Bid Solicitation Exchange Agent (if other than with respect to any Exchange Rate adjustment, on which notice the Issuer) shall have any responsibility to determine Trustee and the Trading Price of the Notes or the Closing Sale Price or whether the conditions to exchange specified in Article 13 have been satisfied. ARTICLE 14Exchange Agent may conclusively rely.

Calculations in Respect of Notes. Except as otherwise specifically stated herein or in the Notes, all calculations to be made in respect of the Notes shall be the obligation of the Issuer. These calculations include, but are not limited to, determinations of the Closing Sale Price or the volume-weighted average price of the Common Stock, the Daily Settlement Amounts, the Daily Exchange Values, the Exchange Share Cap, the Aggregate Share Cap, accrued interest payable on the Notes, the Exchange Rate and the Exchange Price. All calculations made by the Issuer or its agent as contemplated pursuant to the terms hereof and of the Notes shall be made in good faith and be final and binding on the Notes and the Holders of the Notes absent manifest error. The Issuer shall provide a schedule of calculations to the Trustee, and the Trustee shall be entitled to rely upon the accuracy of the calculations by the Issuer without independent verification. The Trustee, at the expense of the Issuer, shall forward calculations made by the Issuer to any Holder of Notes upon request. None of the Trustee, the Note Registrar, the Paying Agent, the Exchange Agent and the Bid Solicitation Agent (if other than the Issuer) shall have any responsibility to determine the Trading Price of the Notes or the Closing Sale Price or whether the conditions to exchange specified in Article 13 14 have been satisfied. ARTICLE 14.