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

Calculations in Respect of the Securities. The Company and its agents shall make all calculations under this Indenture and the Securities. These calculations include, but are not limited to, determinations of the Closing Sale Price of the Common Stock, the number of shares deliverable upon conversion, adjustments to the Conversion Price and the Conversion Rate, the Daily VWAPs, the Conversion Rate of the Securities, the amount of conversion consideration deliverables in respect of any conversion and the amounts of interest payable on the Securities. The Company and its agents shall make all of these calculations in good faith, and, absent manifest error, such calculations shall be final and binding on all Holders. The Company shall provide a copy of such calculations to the Trustee (and the Conversion Agent if not the Trustee) as required hereunder, and, the Trustee shall be entitled to conclusively rely on the accuracy of any such calculation without independent verification. The Trustee will forward the Company’s calculations to any Holder upon the request of that Holder at the sole cost and expense of the Company.

Calculations in Respect of the Securities. The Except as otherwise provided in Section 10.01(b)(ii) of this Indenture, the Company and its agents shall make be responsible for making all calculations called for under this Indenture and or the Securities. These calculations include, but are not limited to, determinations of the Closing Sale Price of the Common Stock, the number of shares deliverable upon conversion, adjustments to the Conversion Price and the Conversion RateVWAP Prices, the Daily VWAPsConversion Values, the Conversion Rate of the SecuritiesDaily Settlement Amounts, the amount of conversion consideration deliverables in respect of any conversion and the amounts of accrued interest payable on the Securities, the Conversion Rate and Conversion Price and any adjustments. The Company and or its agents shall make all of these calculations in good faith, faith and, absent manifest error, such calculations shall be final and binding on all Holders. The Company shall provide a copy schedule of such these calculations to each of the Trustee (and the Paying Agent upon request, and each of the Trustee and Conversion Agent if not the Trustee) as required hereunder, and, the Trustee shall be is entitled to conclusively rely on upon the accuracy of any such calculation calculations without independent verification. The Trustee will shall forward the Company’s these calculations to any Holder upon the written request of that such Holder at the sole cost and expense of to the Company.

Calculations in Respect of the Securities. The Company and its agents shall make all calculations under this Indenture and the Securities. These calculations include, but are not limited to, determinations of the Closing Sale Price of the Common Stock, the number of shares deliverable upon conversion, adjustments to the Conversion Price and the Conversion Rate, the Daily VWAPs, the Conversion Rate of the Securities, the amount of conversion consideration deliverables in respect of any conversion and the amounts of interest payable on the Securities. The Company and its agents shall make all of these calculations in good faith, and, absent manifest error, such calculations shall be final and binding on all Holders. The Company shall provide a copy of such calculations to the Trustee (and the Conversion Agent if not the Trustee) as required hereunder, and, the Trustee shall be entitled to conclusively rely on the accuracy of any such calculation without independent verification. The Trustee Company will forward the Company’s calculations to any Holder upon the request of that Holder at the sole cost and expense of the CompanyXxxxxx.