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 12.03 above and in lieu of application of Section 12.05, elect 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 shall be entitled to convert their Securities, subject to the conditions in Section 12.01(a), into cash and a number of shares of Public Acquirer Common Stock, if applicable, in accordance with Section 12.01. The adjusted Conversion Rate shall be 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 Conversion Rate by Additional Shares pursuant to Section 12.03 above and in lieu of application of Section 12.05, elect to 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 shall be entitled to convert their Securities, subject to the conditions in Section 12.01(a), into cash and a number of shares of Public Acquirer Common Stock, if applicable, in accordance with Section 12.01. The adjusted Conversion Rate shall be 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 Conversion Rate by Additional Shares pursuant to Section 12.03 above and in lieu of application of Section 12.0514.05, elect to 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 shall be entitled to convert their Securities, subject to the conditions in accordance with Section 12.01(a)14.01, into cash and a number of shares of Public Acquirer Common Stock, if applicable, still subject to the arrangements for payment upon conversion in accordance with Section 12.0114.03. The adjusted Conversion Rate shall be the Conversion Rate in effect immediately before the Public Acquirer Change of Control by multiplying it multiplied 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 Conversion Rate by Additional Shares pursuant to Section 12.03 above and in lieu of application of Section 12.0513.05, elect to 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 shall be entitled to convert their SecuritiesNotes, subject to the conditions in accordance with Section 12.01(a)13.01, into cash and a number of shares of Public Acquirer Common Stock, if applicable, still subject to the arrangements for payment upon conversion in accordance with Section 12.0113.03. The adjusted Conversion Rate shall be the Conversion Rate in effect immediately before the Public Acquirer Change of Control by multiplying it multiplied by a fraction: