Common use of Cash Payments in Lieu of Fractional Shares Clause in Contracts

Cash Payments in Lieu of Fractional Shares. No fractional Common Shares or scrip representing fractional shares shall be issued upon conversion of Securities. If more than one Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof to the extent permitted hereby) so surrendered for conversion. If any fractional Common Shares otherwise would be issuable upon the conversion of any Security or Securities, the Company shall make an adjustment therefor in cash at the current market value thereof to the Holder of Securities. The current market value of a Common Share shall be the Closing Price on the first Trading Day immediately preceding the day on which the Securities (or specified portions thereof) are deemed to have been converted and such Closing Price shall be determined as provided in Section 10.05(e).

Cash Payments in Lieu of Fractional Shares. No fractional shares of Common Shares Stock or scrip representing fractional shares shall be issued upon conversion of Securities. If more than one Security shall be surrendered for conversion at one time by the same Holderholder, the number of full shares which shall be issuable upon conversion shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof to the extent permitted hereby) so surrendered for conversionsurrendered. If any fractional share of Common Shares otherwise Stock would be issuable upon the conversion of any Security or Securities, the Company shall make an adjustment therefor in cash at the current market value thereof to the Holder of Securitiesthereof. The current market value of a share of Common Share Stock shall be the Closing Price on the first Trading Day immediately preceding day (that is not a Legal Holiday as defined in Section 12.8) before the day on which the Securities (or specified portions thereof) are deemed to have been converted and such Closing Price shall be determined as provided in subsection (f) of Section 10.05(e)10.5.

Cash Payments in Lieu of Fractional Shares. No fractional shares of Common Shares Stock or scrip representing fractional shares sha res shall be issued upon conversion of Securities. If more than one Security shall be surrendered for conversion at one time by the same Holderholder, the number of full shares which shall be issuable upon conversion shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof to the extent permitted hereby) so surrendered for conversionsurrendered. If any fractional Common Shares otherwise share of stock would be issuable upon the conversion of any Security or Securities, the Company shall make an adjustment and payment therefor in cash at the current market value thereof to the Holder holder of Securities. The current market value of a share of Common Share Stock shall be the Closing Price on the first Trading Day immediately preceding the day on which the Securities (or specified portions thereof) are deemed to have been converted and such Closing Price shall be determined as provided in Section 10.05(e)converted.

Cash Payments in Lieu of Fractional Shares. No fractional shares of Common Shares Stock or scrip representing fractional shares shall be issued upon conversion of Securities. If more than one Security shall be surrendered for conversion at one time by the same Holderholder, the number of full shares which shall be issuable upon conversion shall be computed on the basis of the aggregate principal amount at maturity of the Securities (or specified portions thereof to the extent permitted hereby) so surrendered for conversionsurrendered. If any fractional Common Shares otherwise share of stock would be issuable upon the conversion of any Security or Securities, the Company shall make an adjustment and payment therefor in cash at the current market value thereof to the Holder holder of Securities. The current market value of a share of Common Share Stock shall be the Closing Price on the first Trading Business Day immediately preceding the day on which the Securities (or specified portions thereof) are deemed to have been converted and such Closing Price shall be determined as provided in Section 10.05(e)converted.

Cash Payments in Lieu of Fractional Shares. No fractional ------------------------------------------ shares of Common Shares Stock or scrip representing fractional shares shall be issued upon conversion of Securities. If more than one Security shall be surrendered for conversion at one time by the same Holderholder, the number of full shares which shall be issuable upon conversion shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof to the extent permitted hereby) so surrendered for conversion. If any fractional Common Shares share of stock otherwise would be issuable upon the conversion of any Security or Securities, the Company Issuer shall make an adjustment therefor in cash at the current market value thereof to the Holder of Securities. The current market value of a share of Common Share Stock shall be the Closing Price on the first Trading Day immediately preceding the day on which the Securities (or specified portions thereof) are deemed to have been converted and such Closing Price shall be determined as provided in Section 10.05(e11.5(h).

Cash Payments in Lieu of Fractional Shares. No fractional shares of Common Shares Stock or scrip certificates representing fractional shares shall be issued upon conversion of Securities. If more than one Security shall be surrendered for conversion at one time by the same HolderSecurityholder, the number of full shares which that shall be issuable upon conversion shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof to the extent permitted hereby) so surrendered for conversionsurrendered. If any fractional Common Shares otherwise share of stock would be issuable upon the conversion of any Security or Securities, the Company shall make an adjustment and payment therefor in cash at the current market value price thereof to the Holder of SecuritiesSecurityholder. The current market value price of a share of Common Share Stock shall be the Closing Sale Price on the first last Trading Day immediately preceding the day on which the Securities (or specified portions thereof) are deemed to have been converted and such Closing Price shall be determined as provided in Section 10.05(e)converted.

Cash Payments in Lieu of Fractional Shares. No fractional ------------------------------------------ shares of Common Shares Stock or scrip representing fractional shares shall be issued upon conversion of Securities. If more than one Security shall be surrendered for conversion at one time by the same Holderholder, the number of full shares which shall be issuable upon conversion shall be computed on the basis of the aggregate principal amount of the Securities (or specified portions thereof to the extent permitted hereby) so surrendered for conversionsurrendered. If any fractional Common Shares otherwise share of stock would be issuable upon the conversion of any Security or Securities, the Company shall make an adjustment and payment therefor in cash at the current market value thereof to the Holder holder of Securities. The current market value of a share of Common Share Stock shall be the Closing Price on the first Trading Day immediately preceding the day on which the Securities (or specified portions thereof) are deemed to have been converted and such Closing Price shall be determined as provided in Section 10.05(e)converted.