Common use of Conversion After a Public Acquirer Change of Control Clause in Contracts

Conversion After a Public Acquirer Change of Control. (a) In the event of a Public Acquirer Change of Control, the Company may, in lieu of increasing the Conversion Rate by Additional Shares pursuant to Section 12.2(f), elect (subject to the satisfaction of the provisions of this Section 12.3) to adjust the Conversion Rate and the related conversion obligation such that from and after the Effective Date of such Public Acquirer Change of Control, holders will be entitled to convert their Securities, in accordance with Section 12.1 hereof and paragraph 7 of the Securities into a number of shares of Public Acquirer Common Stock by adjusting the Conversion Rate in effect immediately before the Public Acquirer Change of Control by multiplying it by a fraction:

Conversion After a Public Acquirer Change of Control. (a) In the event of a Public Acquirer Change of Control, the Company may, in lieu of increasing the Applicable Conversion Rate by Additional Shares pursuant to Section 12.2(f)12.03 above and in lieu of application of Section 12.05, elect (subject to the satisfaction of the provisions of this Section 12.3) to permanently adjust the Conversion Rate and the related conversion obligation Conversion Obligation such that from and after the Effective Date of such Public Acquirer Change of Control, holders will Holders shall be entitled to convert their Securities, subject to the conditions in accordance with Section 12.1 hereof and paragraph 7 of the Securities 12.01(a) or (b), into cash and/or a number of shares of Public Acquirer Common Stock Stock, if applicable, in accordance with procedures and elections contemplated by adjusting Section 12.01. The adjusted Base Conversion Rate shall be the Base Conversion Rate in effect immediately before the Public Acquirer Change of Control by multiplying it by a fraction:

Conversion After a Public Acquirer Change of Control. (a) In the event of a Public Acquirer Change of Control, the Company public acquirer may, in lieu of increasing the Conversion Rate by the number of Additional Shares upon conversion pursuant to Section 12.2(f10.05(a), irrevocably elect (subject to the satisfaction of the provisions of this Section 12.3) to adjust its conversion obligation and the Conversion Rate and the related conversion obligation such that from and after the Effective Date of such Public Acquirer Change of Control, holders will Holders of the Debentures shall be entitled to convert their SecuritiesDebentures, in accordance with Section 12.1 hereof and paragraph 7 of the Securities into 10.01, based on a number of shares of Public Acquirer Common Stock by adjusting the Conversion Rate in effect immediately before the Public Acquirer Change of Control by multiplying it by a fraction: