Common use of Company Responsible for Making Calculations Clause in Contracts

Company Responsible for Making Calculations. Unless otherwise specified in this Indenture, the Company will be responsible for making all calculations called for under this Indenture and the Notes. These calculations include, but are not limited to, determination of the Last Reported Sale Price of the Common Stock and the Market Price, the amount of accrued and unpaid interest payable on the Notes, the Conversion Rate of the Notes and the Conversion Price of the Notes. The Company will make these calculations in good faith, and, absent manifest error, these calculations will be final and binding on the Holders. Promptly after the calculation thereof, the Company will provide to each of the Trustee and the Conversion Agent an Officers’ Certificate setting forth a schedule of its calculations, and each of the Trustee and the Conversion Agent is entitled to conclusively rely upon the accuracy of such calculations without independent verification. The Trustee will forward the Company’s calculations to any Holder upon the request of such Holder.

Company Responsible for Making Calculations. Unless otherwise specified in this Indenture, the Company will be responsible for making all calculations called for under this Indenture and the Notes. These calculations include, but are not limited to, determination of the Last Reported Sale Price of the Common Stock and the Market Price, the amount of accrued and unpaid interest payable on the Notes, the Conversion Rate of the Notes and the Conversion Price of the Notes. The Company will make these calculations in good faith, and, absent bad faith or manifest error, these calculations will be final and binding on the Holders. Promptly after the calculation thereof, the Company will provide to each of the Trustee and the Conversion Agent an Officers’ Certificate setting forth a schedule of its calculations, and each of the Trustee and the Conversion Agent is entitled to conclusively rely upon the accuracy of such calculations without independent verification. The Trustee will forward the Company’s calculations to any Holder upon the request of such Holder.

Company Responsible for Making Calculations. Unless otherwise specified in this Indenture, the The Company will be responsible for making all calculations called for under this Indenture and the NotesIndenture. These calculations include, but are not limited to, determination of the Current Market Price, Last Reported Sale Price, Market Price, Spin-Off Market Price, Trading Price of the Common Stock and the Market Closing Trading Price, the amount of accrued Interest (including any Contingent Interest and unpaid interest Additional Amounts) payable on the Notes, Debentures and the Conversion Rate of the Notes and the Conversion Price of the NotesDebentures. The Company will make these calculations in good faith, faith and, absent manifest error, these calculations will be final and binding on the HoldersDebentureholders. Promptly after the calculation thereof, the Company will provide to each of the Trustee and the Conversion Agent an Officers’ ' Certificate setting forth a schedule of its calculations, and each of the Trustee and the Conversion Agent is entitled to conclusively rely upon the accuracy of such calculations without independent verification. The Trustee will forward the Company’s 's calculations to any Holder upon the written request of such Holder.

Company Responsible for Making Calculations. Unless otherwise Except as specified in this IndentureSection 4.01 and in relation to Section 15.01(a)(ii), the Company will be responsible for making all calculations called for required under this Indenture and the Notes. These calculations include, but are not limited to, determination of the Current Market Price, Last Reported Sale Price of the Common Stock and the Spin-off Market Price, the amount of accrued and unpaid interest Interest (including any Contingent Interest) payable on the Notes, the Conversion Rate of the Notes and the Conversion Rate and Conversion Price of for the Notes. The Company will make these calculations in good faith, faith and, absent manifest error, these calculations will be final and binding on the HoldersNoteholders. Promptly after the calculation thereof, the Company will provide to each of the Trustee and the Conversion Agent an Officers’ ' Certificate setting forth a schedule of its calculations, and each of the Trustee and the Conversion Agent is entitled to conclusively rely upon the accuracy of such calculations without independent verification. The Trustee will forward the Company’s 's calculations to any Holder upon the written request of such Holder.

Company Responsible for Making Calculations. Unless otherwise specified in this Indenture, the Company will be responsible for making all calculations called for under this Indenture and the NotesDebentures. These calculations include, but are not limited to, determination of the Last Reported Sale Price of the Common Stock and the Market Price, the amount of accrued and unpaid interest payable on the Notes, Debentures and the Conversion Rate of the Notes and the Conversion Price of the NotesDebentures. The Company will make these calculations in good faith, and, absent manifest error, these calculations will be final and binding on the HoldersDebentureholders. Promptly after the calculation thereof, the Company will provide to each of the Trustee and the Conversion Agent an Officers’ Certificate Officers’Certificate setting forth a schedule of its calculations, and each of the Trustee and the Conversion Agent is entitled to conclusively rely upon the accuracy of such calculations without independent verification. The Trustee will forward the Company’s calculations to any Holder holder upon the request of such Holderholder.

Company Responsible for Making Calculations. Unless otherwise specified in this Indenture, the The Company will be responsible for making all calculations called for under this Indenture and the NotesIndenture. These calculations include, but are not limited to, determination of the Conversion Trading Price, Current Market Price, Last Reported Sale Price of the Common Stock Price, and the Market Trading Price, the amount of accrued and unpaid interest Interest payable on the NotesDebentures, the Conversion Price of the Debentures and the Conversion Rate of the Notes and the Conversion Price of the NotesDebentures. The Company will make these calculations in good faith, faith and, absent manifest error, these calculations will be final and binding on the HoldersDebentureholders. Promptly after the calculation thereof, the Company will provide to each of the Trustee and the Conversion Agent an Officers’ ' Certificate setting forth a schedule of its calculations, and each of the Trustee and the Conversion Agent is entitled to conclusively rely upon the accuracy of such calculations without independent verification. The Trustee will forward the Company’s 's calculations to any Holder Debentureholder upon the written request of such HolderDebentureholder.

Company Responsible for Making Calculations. Unless otherwise specified in this Indenture, the The Company will be responsible for making all calculations called for under this Indenture and the NotesIndenture. These calculations include, but are not limited to, determination of the Last Reported Sale Price, Spin-Off Market Price of the Common Stock and the Market Trading Price, the amount of accrued Interest (including any Contingent Interest and unpaid interest Additional Amounts) payable on the NotesDebentures, the Accreted Principal Amount and the Conversion Rate of the Notes and the Conversion Price of the NotesDebentures. The Company will make these calculations in good faith, faith and, absent manifest error, these calculations will be final and binding on the HoldersDebentureholders. Promptly after the calculation thereof, the Company will provide to each of the Trustee and the Conversion Agent an Officers’ ' Certificate setting forth a schedule of its calculations, and each of the Trustee and the Conversion Agent is entitled to conclusively rely upon the accuracy of such calculations without independent verification. The Trustee will forward the Company’s 's calculations to any Holder upon the written request of such Holder.