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

Calculations in Respect of the Notes. Except as otherwise provided herein, the Company shall make all calculations under this Indenture and the Notes (including, without limitation, the Last Reported Sale Price, accrued interest payable and the Conversion Rate). All calculations under this Indenture and the Notes shall be made in good faith. In the absence of manifest error, such calculations shall be final and binding on all holders. The Company shall provide a copy of any such calculation it has made to the Trustee and the Conversion Agent as required hereunder, and both of the Trustee and Conversion Agent shall be entitled to rely conclusively on the accuracy of any such calculation without independent verification. The Trustee and any other Conversion Agent shall forward the Company’s calculations or any calculations by the Trustee or such other Conversion Agent, as applicable, to any Noteholder upon the written request of that Noteholder.

Calculations in Respect of the Notes. Except as otherwise provided herein, the Company shall make all calculations and determinations under this Indenture and the Notes (including, without limitation, the Last Reported Sale Price, Daily VWAPs, accrued interest payable and the Conversion Rate). All calculations under this Indenture and the Notes shall be made in good faith. In the absence of manifest error, such calculations shall be final and binding on all holders. The Company shall provide a copy of any such calculation it has made to the Trustee and the Conversion Agent as required hereunder, and both of the Trustee and Conversion Agent shall be entitled to rely conclusively on the accuracy of any such calculation without independent verification. The Trustee and any other Conversion Agent shall forward the Company’s calculations or any calculations by the Trustee or such other Conversion Agent, as applicable, to any Noteholder upon the written request of that Noteholder.