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

Calculations in Respect of the Notes. The Company and its agents shall be responsible for making the calculations called for under this Indenture and the Notes. These calculations include, but are not limited to, determinations of the Closing Sale Price of the Common Stock, any adjustments to the Conversion Rate, the consideration deliverable in respect of any conversion and accrued interest payable on the Notes. The Company will 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 its calculations to each of the Trustee and the Conversion Agent, and each of the Trustee and 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 request of that Holder.

Calculations in Respect of the Notes. The Company and its agents shall be responsible for making the all calculations called for under this Indenture and the Notes. These calculations shall include, but are not limited towithout limitation, determinations determination of the Closing Sale Market Price of for the Common Stock, any adjustments to the Conversion Rate, the consideration deliverable in respect of any conversion and accrued interest payable on the NotesNotes and Conversion Price. The Company will shall make all these such calculations in good faith and, absent manifest error, the Company’s such calculations will be final and binding on the HoldersHolders and the Trustee, Paying Agent and Conversion Agent may conclusively rely on such calculations. The Company shall provide a schedule of its calculations to each of the Trustee and the Conversion Agent, Agent a schedule of its calculations and each of the Trustee and the Conversion Agent is shall be entitled to rely conclusively upon the accuracy of the Company’s such calculations without independent verification. The Trustee will shall forward the Company’s 's calculations to any Holder upon the request of that such Holder.

Calculations in Respect of the Notes. The Except as otherwise provided in this Indenture, the Company and its agents shall be responsible for making the all calculations called for under this Indenture and the Notes. These calculations include, but are not limited to, determinations of the Closing Last Reported Sale Price Prices of the Common Stock, any adjustments to the Conversion Rate, the consideration deliverable in respect of any conversion and accrued interest payable on the Notes and the Conversion Rate of the Notes. The Company will shall make all these calculations in good faith and, absent manifest error, the Company’s its calculations will shall be final and binding on the HoldersNoteholders. The Company shall provide a schedule of its calculations to each of the Trustee and the Conversion Agent, and each of the Trustee and Conversion Agent is entitled to rely conclusively upon the accuracy of the Company’s calculations without independent verification. The Trustee will shall forward the Company’s calculations to any Holder Noteholder upon the request of that HolderNoteholder.

Calculations in Respect of the Notes. The Company and its agents shall be responsible for making the calculations called for under this Indenture and the Notes. These calculations include, but are not limited to, determinations of the Closing Sale Price of the Common Stock, any adjustments to the Conversion Rate, the consideration deliverable in respect of any conversion and accrued interest (including any Additional Interest) payable on the Notes. The Company will 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 its calculations to each of the Trustee and the Conversion Agent, and each of the Trustee and 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 request of that Holder.