Common use of Certificate as to Adjustment Clause in Contracts

Certificate as to Adjustment. The Company shall from time to time, immediately after the occurrence of any event which requires an adjustment or readjustment as provided in section 6.1 or 6.2, deliver an Officers’ Certificate to the Indenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment or readjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, and the Indenture Trustee shall be entitled to act and rely upon such Officers’ Certificate. Such Officers’ Certificate and the amount of the adjustment specified therein shall be conclusive and binding on all parties in interest. Until such Officers’ Certificate is received by the Indenture Trustee, the Indenture Trustee may act and be protected in acting on the presumption that no adjustment has been made or is required. Except in respect of any subdivision, reduction, combination or consolidation of the Common Shares contemplated by subsections 6.1.2(a) and 6.1.2(b), the Company shall forthwith give notice to the Debentureholders specifying the event requiring such adjustment or readjustment and the amount thereof, including the resulting Conversion Price; provided that if the Company has given notice under section 6.5 covering all the relevant facts in respect of such event, no such notice need be given under this section 6.4.

Certificate as to Adjustment. The Company shall from time to time, immediately after the occurrence of any event which requires an adjustment or readjustment as provided in section 6.1 or 6.24.3, deliver an Officers’ a Certificate of the Company to the Indenture Debenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment or readjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, and the Indenture Debenture Trustee shall be entitled to act and rely upon such Officers’ Certificate. Such Officers’ Certificate of the Company and the amount of the adjustment or readjustment, as the case may be, specified therein shall be conclusive and binding on all parties in interestinterest absent manifest error. Until such Officers’ Certificate of the Company is received by the Indenture Debenture Trustee, the Indenture Debenture Trustee may act and be protected in acting on the presumption that no adjustment has been made or is required. Except in respect of any subdivision, redivision, reduction, combination or consolidation of the Common Shares contemplated by subsections 6.1.2(a) and 6.1.2(b)Shares, the Company shall forthwith give notice to the Debentureholders specifying the event requiring such adjustment or readjustment and the amount thereof, thereof including the resulting Conversion Price; provided that if the Company has given notice under section 6.5 4.10 covering all the relevant facts in respect of such event, no such notice need be given under this section 6.44.9.

Certificate as to Adjustment. 4.8 The Company Corporation shall from time to time, time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in section 6.1 or 6.2Subsection 5.4, deliver an Officers’ Certificate to the Indenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment or readjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, and the Indenture Trustee shall be entitled to act and rely upon such Officers’ Certificate. Such Officers’ Certificate which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of chartered accountants appointed by the Corporation and acceptable to the Trustee (who may be the Auditors of the Corporation) and, when approved by the Trustee, shall be conclusive and binding on all parties in interestinterested parties. Until such Officers’ Certificate is received by the Indenture TrusteeWhen so approved, the Indenture Trustee may act and be protected in acting on the presumption that no adjustment has been made or is required. Except Corporation shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Common Shares contemplated by subsections 6.1.2(a) and 6.1.2(b)Shares, the Company shall forthwith give notice to the Debentureholders in the manner provided in Subsection 12.2 specifying the event requiring such adjustment or readjustment and the amount results thereof, including the resulting Conversion Price; provided that that, if the Company Corporation has given notice under section 6.5 Subsection 5.9 covering all the relevant facts in respect of such eventevent and if the Trustee approves, no such notice need be given under this section 6.4Subsection 5.8.

Certificate as to Adjustment. The Company Corporation shall from time to time, immediately after the occurrence of any event which requires an adjustment or readjustment as provided in section 6.1 4.3 or 6.24.4, deliver an Officers’ a Certificate of the Corporation to the Indenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment or readjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, and the Indenture Trustee shall be entitled to act and rely upon such Officers’ CertificateCertificate of the Corporation. Such Officers’ Certificate of the Corporation and the amount of the adjustment specified therein shall be conclusive and binding on all parties in interest. Until such Officers’ Certificate of the Corporation is received by the Indenture Trustee, the Indenture Trustee may act and be protected in acting on the presumption that no adjustment has been made or is required. Except in respect of any subdivision, redivision, reduction, combination or consolidation of the Common Shares contemplated by subsections 6.1.2(a) and 6.1.2(b)Shares, the Company Corporation shall forthwith give notice to the Debentureholders specifying the event requiring such adjustment or readjustment and the amount thereof, including the resulting Conversion Price; provided that if the Company Corporation has given notice under section 6.5 4.12 covering all the relevant facts in respect of such event, no such notice need be given under this section 6.44.11.

Certificate as to Adjustment. The Company shall from time to time, immediately after the occurrence of any event which requires an adjustment or readjustment as provided in section 6.1 or and 6.2, deliver an Officers’ Officer’s Certificate to the Indenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment or readjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, and the Indenture Trustee shall be entitled to act and rely upon such Officers’ Officer’s Certificate. Such Officers’ Officer’s Certificate and the amount of the adjustment specified therein shall be conclusive and binding on all parties in interest. Until such Officers’ Officer’s Certificate is received by the Indenture Trustee, the Indenture Trustee may act and be protected in acting on the presumption that no adjustment has been made or is required. Except in respect of any subdivision, reduction, combination or consolidation of the Common Shares contemplated by subsections 6.1.2(a) and 6.1.2(b), the Company shall forthwith give notice to the Debentureholders specifying the event requiring such adjustment or readjustment and the amount thereof, including the resulting Conversion Price; provided that if the Company has given notice under section 6.5 covering all the relevant facts in respect of such event, no such notice need be given under this section 6.4.

Certificate as to Adjustment. The Company Corporation shall from time to timetime immediately, immediately but in any event within five (5) Business Days, after the occurrence of any event which requires an adjustment or readjustment as provided in section 6.1 or 6.2Section 4.3, deliver an Officers’ Officer’s Certificate to the Indenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment or readjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, and the Indenture Trustee shall be entitled to act and rely upon such Officers’ Certificate. Such Officers’ Certificate which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of chartered accountants appointed by the Corporation and acceptable to the Trustee (who may be the Auditors of the Corporation) and shall be conclusive and binding on all parties in interest. Until such Officers’ Certificate is received by the Indenture TrusteeWhen so approved, the Indenture Trustee may act and be protected in acting on the presumption that no adjustment has been made or is required. Except Corporation shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Common Shares contemplated by subsections 6.1.2(a) and 6.1.2(b)Shares, the Company shall forthwith give notice to the Debentureholders in the manner provided in Section 11.2 specifying the event requiring such adjustment or readjustment and the amount results thereof, including the resulting Conversion Price; provided that that, if the Company Corporation has given notice otherwise than under section 6.5 this Section 4.8 covering all the relevant facts in respect of such eventevent and if the Trustee approves, no such notice need be given under this section 6.4Section 4.8. Failure to provide or mail any such notice or any defect therein shall not affect the validity of any such adjustment.

Certificate as to Adjustment. The Company Corporation shall from time to time, immediately after the occurrence of any event which requires an adjustment or readjustment as provided in section 6.1 subsection 4.3 or 6.24.4, deliver an Officers’ a Certificate of the Corporation to the Indenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment or readjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, and the Indenture Trustee shall be entitled to act and rely upon such Officers’ Certificate. Such Officers’ Certificate of the Corporation and the amount of the adjustment specified therein shall shall, subject to the provisions of paragraph 4.3(2), be conclusive and binding on all parties in interest. Until such Officers’ Certificate of the Corporation is received by the Indenture Trustee, the Indenture Trustee may act and be protected in acting on the presumption that no adjustment has been made or is required. Except in respect of any subdivision, redivision, reduction, combination or consolidation of the Common Shares contemplated by subsections 6.1.2(a) and 6.1.2(b)Shares, the Company Corporation shall forthwith give written notice to the Debentureholders Noteholders specifying the event requiring such adjustment or readjustment and the amount thereof, including the resulting Conversion Price; provided that if the Company Corporation has given written notice under section 6.5 subsection 4.11 covering all the relevant facts in respect of such event, no such written notice need be given under this section 6.4subsection 4.10.

Certificate as to Adjustment. The Company Corporation shall from time to time, time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in section 6.1 or 6.2Section 4.4, deliver an Officers’ Officer’s Certificate to the Indenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment or readjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, and the Indenture Trustee shall be entitled to act and rely upon such Officers’ Certificate. Such Officers’ Certificate which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of nationally recognized chartered accountants appointed by the Corporation and acceptable to the Trustee (who may be the Auditors of the Corporation) and shall be conclusive and binding on all parties in interest. Until such Officers’ Certificate is received by the Indenture TrusteeWhen so approved, the Indenture Trustee may act and be protected in acting on the presumption that no adjustment has been made or is required. Except Corporation shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Common Shares contemplated by subsections 6.1.2(a) and 6.1.2(b)Shares, the Company shall forthwith give notice to the Debentureholders in the manner provided in Section 12.2 specifying the event requiring such adjustment or readjustment and the amount results thereof, including the resulting Conversion Price; provided that that, if the Company Corporation has given notice under section 6.5 this Section 4.8 covering all the relevant facts in respect of such eventevent and if the Trustee approves, relying on the opinion of Counsel, no such notice need be given under this section 6.4Section 4.8. The Trustee shall rely, and shall be protected in so doing, upon the Officer’s Certificate, or the opinion of auditor and any other document filed by the Corporation pursuant to this Article 4 for all purposes.

Certificate as to Adjustment. The Company Corporation shall from time to time, immediately after the occurrence of any event which requires an adjustment or readjustment as provided in section 6.1 4.3 or 6.24.4, deliver an Officers’ a Certificate of the Corporation to the Indenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment or readjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, and the Indenture Trustee shall be entitled to act and rely upon such Officers’ Certificate. Such Officers’ Certificate of the Corporation and the amount of the adjustment specified therein shall shall, subject to the provisions of subsection 4.3(2), be conclusive and binding on all parties in interest. Until such Officers’ Certificate of the Corporation is received by the Indenture Trustee, the Indenture Trustee may act and be protected in acting on the presumption that no adjustment has been made or is required. Except in respect of any subdivision, redivision, reduction, combination or consolidation of the Common Shares contemplated by subsections 6.1.2(a) and 6.1.2(b)Shares, the Company Corporation shall forthwith give notice to the Debentureholders Noteholders specifying the event requiring such adjustment or readjustment and the amount thereof, including the resulting Conversion Price; provided that if the Company Corporation has given notice under section 6.5 4.11 covering all the relevant facts in respect of such event, no such notice need be given under this section 6.44.10.

Certificate as to Adjustment. The Company shall Corporation will from time to time, immediately after the occurrence of any event which that requires an adjustment or readjustment as provided in section 6.1 or 6.2Section 5.01, deliver an Officers’ Certificate a certificate of the Corporation to the Indenture Trustee Warrant Agent specifying the nature of the event requiring the same and the amount of the adjustment or readjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, and the Indenture Trustee shall Warrant Agent will be entitled to act and rely upon such Officers’ Certificatecertificate of the Corporation. Such Officers’ Certificate certificate of the Corporation and the amount of the adjustment specified therein shall will be conclusive and binding on all parties in interest. Until such Officers’ Certificate certificate of the Corporation is received by the Indenture TrusteeWarrant Agent, the Indenture Trustee Warrant Agent may act and be protected in acting on the presumption that no adjustment has been made or is required. Except in respect of any subdivision, redivision, change, reduction, combination or consolidation of the Common Shares contemplated by subsections 6.1.2(aSection 5.01(1)(b) and 6.1.2(b(c), the Company shall Corporation will forthwith give notice to the Debentureholders Warrantholders specifying the event requiring such adjustment or readjustment and the amount thereof, including the resulting Conversion Exercise Price; provided that if the Company Corporation has given notice under section 6.5 Section 5.04 covering all the relevant facts in respect of such event, no such notice need be given under this section 6.4Section 5.03.