Common use of Company Conversion Notice Clause in Contracts

Company Conversion Notice. In connection with any Mandatory Conversion of Securities, the Company Conversion Notice shall: (i) state the conversion date for such Mandatory Conversion, which shall not be less than 20 nor more than 30 calendar days following the date of the Company Conversion Notice (the “Mandatory Conversion Date”); (ii) state the Applicable Conversion Rate in effect on the date of the Company Conversion Notice; (iii) state the aggregate principal amount of Securities to be mandatorily converted; (iv) if fewer than all of the outstanding Securities are to be mandatorily converted, state that the Securities shall be automatically reduced to the principal amount equal to the unconverted portion thereof and appropriate notation of such action shall be made by the Trustee and Security Registrar upon such Securities; (v) state whether the Company will pay the Coupon Make Whole Payment payable in accordance with Section 6.10 below, if any, in cash or in shares of Common Stock; (vi) state that each Holder of Securities will have until five Business Days prior to the Mandatory Conversion Date to inform the Company, in writing, that conversion of such Holder’s Securities that the Company has elected to convert would result in such Holder (together with such Holder’s Affiliates) beneficially owning in excess of 9.9% of the number of shares of Common Stock outstanding immediately after giving effect to such conversion, calculated in accordance with Section 6.16 of the Indenture, which notice to the Company will include details regarding the extent to which such Holder’s and its Affiliates’ beneficial ownership will exceed 9.9% of the outstanding Common Stock after giving effect to such Mandatory Conversion; and (vii) state that if the Company is unable to exercise its option to convert all or some of the Securities of any Holder due to the limitations described under Section 6.16, then the Company will have the right at any time to redeem the Securities held by such Holder that the Company is not permitted to convert. A Company Conversion Notice may be given by the Company or, at the Company’s request, the Trustee shall give such Company Conversion Notice in the Company’s name and at the Company’s expense; provided that the text of the Company Conversion Notice shall be prepared by the Company.

Company Conversion Notice. In connection with any Mandatory Conversion of Securities, the Company Conversion Notice shall: (i) state the conversion date for such Mandatory Conversion, which shall not be less than 20 nor more than 30 calendar days following the date of the Company Conversion Notice (the “Mandatory Conversion Date”); (ii) state the Applicable Conversion Rate in effect on the date of the Company Conversion Notice; (iii) state the aggregate principal amount of Securities to be mandatorily converted; (iv) if fewer than all of the outstanding Securities are to be mandatorily converted, state that the Securities shall be automatically reduced to the principal amount equal to the unconverted portion thereof and appropriate notation of such action shall be made by the Trustee and Security Registrar upon such Securities; (v) state whether the Company will pay the Coupon Make Whole Payment payable in accordance with Section 6.10 6.11 below, if any, in cash or in shares of Common Stock; (vi) state whether the Company will pay the Additional Amount payable in accordance with Section 6.07 above, if any, in cash or in shares of Common Stock; (vii) state that each Holder of Securities will have until five Business Days prior to the Mandatory Conversion Date to inform the Company, in writing, that conversion of such Holder’s Securities that the Company has elected to convert would result in such Holder (together with such Holder’s Affiliates) beneficially owning in excess of 9.9% of the number of shares of Common Stock outstanding immediately after giving effect to such conversion, calculated in accordance with Section 6.16 6.17 of the Indenture, which notice to the Company will include details regarding the extent to which such Holder’s and its Affiliates’ beneficial ownership will exceed 9.9% of the outstanding Common Stock after giving effect to such Mandatory Conversion; and (viiviii) state that if the Company is unable to exercise its option to convert all or some of the Securities of any Holder due to the limitations described under Section 6.166.17, then the Company will have the right at any time to redeem the Securities held by such Holder that the Company is not permitted to convert. A Company Conversion Notice may be given by the Company or, at the Company’s request, the Trustee shall give such Company Conversion Notice in the Company’s name and at the Company’s expense; provided that the text of the Company Conversion Notice shall be prepared by the Company.

Company Conversion Notice. In connection with any Mandatory Conversion of Securities, the Company Conversion Notice shall: (i) state the conversion date for such Mandatory Conversion, which shall not be less than 20 nor more than 30 calendar days following the date of the Company Conversion Notice (the “Mandatory Conversion Date”); (ii) state the Applicable Conversion Rate in effect on the date of the Company Conversion Notice; (iii) state the aggregate principal amount of Securities to be mandatorily converted; (iv) if fewer than all of the outstanding Securities are to be mandatorily converted, state that the Securities shall be automatically reduced to the principal amount equal to the unconverted portion thereof and appropriate notation of such action shall be made by the Trustee and Security Registrar upon such Securities; (v) state whether the Company will pay the Coupon Make Whole Payment payable in accordance with Section 6.10 6.11 below, if any, in cash or in shares of Common Stock; (vi) state whether the Company will pay the Additional Amount payable in accordance with Section 6.07 above, if any, in cash or in shares of Common Stock; (vii) state that each Holder of Securities will have until five Business Days prior to the Mandatory Conversion Date to inform the Company, in writing, that conversion of such Holder’s 's Securities that the Company has elected to convert would result in such Holder (together with such Holder’s 's Affiliates) beneficially owning in excess of 9.9% of the number of shares of Common Stock outstanding immediately after giving effect to such conversion, calculated in accordance with Section 6.16 6.17 of the Indenture, which notice to the Company will include details regarding the extent to which such Holder’s 's and its Affiliates’ ' beneficial ownership will exceed 9.9% of the outstanding Common Stock after giving effect to such Mandatory Conversion; and (viiviii) state that if the Company is unable to exercise its option to convert all or some of the Securities of any Holder due to the limitations described under Section 6.166.17, then the Company will have the right at any time to redeem the Securities held by such Holder that the Company is not permitted to convert. A Company Conversion Notice may be given by the Company or, at the Company’s request, the Trustee shall give such Company Conversion Notice in the Company’s name and at the Company’s expense; provided that the text of the Company Conversion Notice shall be prepared by the Company.