Common use of Calculations in Respect of the Notes Clause in Contracts

Calculations in Respect of the Notes. The Company shall be responsible for making all calculations called for under the Notes. These calculations include, but are not limited to, determinations of the Closing Sale Price of the Common Stock, any accrued interest payable on the Notes and the Conversion Rate of the Notes. The Company shall make these calculations in good faith and, absent manifest error, such calculations will be final and binding on Holders of the Notes. The Company shall provide to the Trustee a schedule of its calculations, and the Trustee, subject to Sections 8.1 and 8.2, shall be entitled to rely upon the accuracy of such calculations without independent verification. The Trustee shall forward the Company’s calculations to any Holder of the Notes upon the request of such Holder.

Appears in 3 contracts

Samples: Indenture (Ciena Corp), First Supplemental Indenture (Global Crossing LTD), Indenture (Ciena Corp)

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Calculations in Respect of the Notes. The Company shall be responsible for making all calculations called for under the Notes. These calculations include, but are not limited to, determinations of the Trading Prices of the Notes and the Closing Sale Price of the Common Stock, any accrued interest payable on the Notes and the Conversion Rate of the Notes, and the projected payment schedule. The Company shall make these calculations in good faith and, absent manifest error, such calculations will be final and binding on Holders of the NotesNote. The Company shall provide to the Trustee a schedule of its calculations, and the Trustee, subject to Sections 8.1 11.1 and 8.211.2, shall be entitled to rely upon the accuracy of such calculations without independent verification. The Trustee shall forward the Company’s calculations to any Holder of the Notes upon the request of such Holder.

Appears in 3 contracts

Samples: Indenture (Aar Corp), Indenture (Aar Corp), Indenture (Aar Corp)

Calculations in Respect of the Notes. The Company shall be responsible for making all calculations called for under the Notes. These calculations include, but are not limited to, determinations of the Closing Sale Price of the Common StockStock in the absence of reported or quoted prices, the Daily VWAPs, the Daily Conversion Values, the Daily Settlement Amounts, any accrued interest payable on the Notes and the Conversion Rate of the Notes. The Company shall make these calculations in good faith and, absent manifest error, such calculations will be final and binding on Holders of the Notes. The Company shall provide to the Trustee a schedule of its calculations, and the Trustee, subject to Sections 8.1 8.01 and 8.28.02, shall be entitled to rely upon the accuracy of such calculations without independent verification. The Trustee shall forward the Company’s calculations to any Holder of the Notes upon the request of such Holder.

Appears in 2 contracts

Samples: Indenture (Ciena Corp), Indenture (Ciena Corp)

Calculations in Respect of the Notes. The Company shall will be responsible for making all calculations called for under the Notes. These calculations include, but are not limited to, determinations determination of the Closing Sale Price of market prices for the Common Stock, any accrued interest payable on the Notes and the Conversion Rate Price of the Notes. The Company shall will make these calculations in good faith and, absent manifest error, such these calculations will be final and binding on Holders of the NotesHolders. The Company shall will provide to each of the Trustee and the Conversion Agent a schedule of its calculations, calculations and each of the Trustee and the Trustee, subject to Sections 8.1 and 8.2, shall be Conversion Agent is entitled to rely upon the accuracy of such calculations without independent verification. The Trustee shall will forward the Company’s calculations to any Holder of the Notes upon the request of such Holder.

Appears in 2 contracts

Samples: First Supplemental Indenture (Interpublic Group of Companies, Inc.), Second Supplemental Indenture (Interpublic Group of Companies, Inc.)

Calculations in Respect of the Notes. The Company shall be responsible for making all calculations called for under the Notes. These calculations include, but are not limited to, determinations of the Closing Sale Price of the Common Stock, any accrued interest payable on the Notes and the Conversion Rate of the Notes. The Company shall make these calculations in good faith and, absent manifest error, such calculations will be final and binding on Holders of the Notes. The Company shall provide to the Trustee a schedule of its calculations, and the Trustee, subject to Sections 8.1 8.01 and 8.28.02, shall be entitled to rely upon the accuracy of such calculations without independent verification. The Trustee shall forward the Company’s calculations to any Holder of the Notes upon the request of such Holder.

Appears in 2 contracts

Samples: Indenture (Ciena Corp), Indenture (Ciena Corp)

Calculations in Respect of the Notes. The Company shall be responsible for making all calculations called for under the Notes. These calculations include, but are not limited to, determinations of the Closing Sale Price of the Common Stock, any accrued interest payable on the Notes and the Conversion Rate of the Notes. The Company shall make these calculations in good faith and, absent manifest error, such calculations will be final and binding on Holders of the Notes. The Company shall provide to the Trustee a schedule of its calculations, and the Trustee, subject to Sections 8.1 and 8.2, shall be entitled to rely upon the accuracy of such calculations without independent verification. The Trustee shall forward the Company’s 's calculations to any Holder of the Notes upon the request of such Holder.

Appears in 1 contract

Samples: Indenture (Enzon Pharmaceuticals Inc)

Calculations in Respect of the Notes. The Company shall be responsible for making all calculations called for under the Notes. These calculations include, but are not limited to, determinations of the Trading Prices of the Notes and the Closing Sale Price of the Common Stock, any accrued interest payable on the Notes and the Conversion Rate of the Notes, and the projected payment schedule. The Company shall make these calculations in good faith and, absent manifest error, such calculations will be final and binding on Holders of the NotesNote. The Company shall provide to the Trustee a schedule of its calculations, and the Trustee, subject to Sections 8.1 11.1 and 8.211.2, shall be entitled to rely upon the accuracy of such calculations without independent verification. The Trustee shall forward the Company’s calculations to any Holder of the Notes upon the request of such Holder.

Appears in 1 contract

Samples: Indenture (Aar Corp)

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Calculations in Respect of the Notes. The Company shall be responsible for making all calculations called for under the Notes. These calculations include, but are not limited to, determinations of the Closing Sale Price of the Common Stock, the Accreted Principal Amount of the Notes, any accrued interest payable on the Notes and the Conversion Rate of the Notes. The Company shall make these calculations in good faith and, absent manifest error, such calculations will be final and binding on Holders of the Notes. The Company shall provide to the Trustee a schedule of its calculations, and the Trustee, subject to Sections 8.1 8.01 and 8.28.02, shall be entitled to rely upon the accuracy of such calculations without independent verification. The Trustee shall forward the Company’s calculations to any Holder of the Notes upon the request of such Holder.

Appears in 1 contract

Samples: Indenture (Ciena Corp)

Calculations in Respect of the Notes. The Company shall be responsible for making all calculations called for under the Notes. These calculations include, but are not limited to, determinations of the Trading Prices of the Notes and the Closing Sale Price of the Common Stock, any accrued interest and Liquidated Damages, if any, payable on the Notes and the Conversion Rate of the Notes. The Company shall make these calculations in good faith and, absent manifest error, such calculations will be final and binding on Holders of the NotesNote. The Company shall provide to the Trustee a schedule of its calculations, and the Trustee, subject to Sections 8.1 11.1 and 8.211.2, shall be entitled to rely upon the accuracy of such calculations without independent verification. The Trustee shall forward the Company’s calculations to any Holder of the Notes upon the request of such Holder.

Appears in 1 contract

Samples: Indenture (Saks Inc)

Calculations in Respect of the Notes. The Company shall be responsible for making all calculations called for under the Notes. These calculations include, but are not limited to, determinations of the Closing Sale Price of the Common Stock, any accrued interest payable on the Notes and the Conversion Rate of the Notes, and the projected payment schedule. The Company shall make these calculations in good faith and, absent manifest error, such calculations will be final and binding on Holders of the NotesNote. The Company shall provide to the Trustee a schedule of its calculations, and the Trustee, subject to Sections 8.1 11.1 and 8.211.2, shall be entitled to rely upon the accuracy of such calculations without independent verification. The Trustee shall forward the Company’s calculations to any Holder of the Notes upon the request of such Holder.

Appears in 1 contract

Samples: Indenture (Aar Corp)

Calculations in Respect of the Notes. The Company shall be responsible for making all calculations called for under the Notes. These calculations include, but are not limited to, determinations of the Closing Trading Prices of the Notes and the Last Reported Sale Price of the Common Stock, any accrued interest payable on the Notes and the Conversion Rate of the Notes, and the projected payment schedule. The Company shall make these calculations in good faith and, absent manifest error, such calculations will be final and binding on Holders of the NotesNote. The Company shall provide to the Trustee a schedule of its calculations, and the Trustee, subject to Sections 8.1 11.1 and 8.211.2, shall be entitled to rely upon the accuracy of such calculations without independent verification. The Trustee shall forward the Company’s 's calculations to any Holder of the Notes upon the request of such Holder.

Appears in 1 contract

Samples: Indenture (Kroll Inc)

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