Common use of Conversion After Record Date Clause in Contracts

Conversion After Record Date. Except as provided in this Section 6.12, a converting Holder of Securities shall not be entitled to receive any separate cash payments with respect to accrued and unpaid interest (including Contingent Interest and Additional Interest, if any) on any such Securities being converted. By delivery to the Holder of the number of shares of Common Stock or other consideration issuable or cash payable upon conversion in accordance with this Article 6, any accrued and unpaid interest (including Contingent Interest and Additional Interest, if any) on such Securities shall be deemed to have been paid in full. If any Securities are surrendered for conversion subsequent to the record date preceding an Interest Payment Date but prior to such Interest Payment Date, the Holder of such Securities at the close of business on such record date shall receive the interest (including Contingent Interest and Additional Interest, if any) payable on such Security on such Interest Payment Date notwithstanding the conversion thereof. Securities surrendered for conversion during the period from the close of business on any record date preceding any Interest Payment Date to the opening of business on such Interest Payment Date shall be accompanied by payment from converting Holders, for the account of the Company, in New York Clearing House funds, or other funds of an amount equal to the interest (including Contingent Interest and Additional Interest, if any) payable on such Interest Payment Date on the Securities being surrendered for conversion;provided that no such payment is required if (a) the Company has specified a Redemption Date during the period from the close of business on any record date preceding any Interest Payment Date through and including such Interest Payment Date or (b) any overdue interest (including any overdue Contingent Interest and Additional Interest, if any) exists at the time of the conversion with respect to the Securities converted, but only to the extent of the amount of such overdue interest. Except as provided in Section 6.2(a) and this Section 6.12, no payment or adjustments in respect of payments of interest (including Contingent Interest and Additional Interest, if any) on Securities surrendered for conversion or any dividends or distributions on the Common Stock issued upon conversion shall be made upon the conversion of any Securities.

Conversion After Record Date. Except as provided in this Section 6.12below, a converting if any CODES are surrendered for conversion on any day other than an Interest Payment Date, the Holder of Securities such CODES shall not be entitled to receive any separate cash payments with respect to accrued and unpaid interest Interest (including Contingent Interest) that has accrued on such CODES since the prior Interest and Additional Interest, if any) on any such Securities being convertedPayment Date. By delivery to the Holder of the number of shares of Common Stock or other consideration issuable or cash payable upon conversion in accordance with this Article 612, any accrued and unpaid interest Interest (including Contingent Interest and Additional Interest, if any) on such Securities shall CODES will be deemed to have been paid in full. If any Securities CODES are surrendered for conversion subsequent to the record date Record Date preceding an Interest Payment Date but on or prior to such Interest Payment Date, the Holder of such Securities CODES at the close of business on such record date Record Date shall receive the interest Interest (including Contingent Interest and Additional Interest, if any) payable on such Security CODES on such Interest Payment Date notwithstanding the conversion thereof. Securities CODES surrendered for conversion during the period from the close of business on any record date Record Date preceding any Interest Payment Date to the opening of business on such Interest Payment Date shall (except in the case of CODES which have been called for redemption on a Redemption Date within such period) be accompanied by payment from converting by Holders, for the account of the Company, in New York Clearing House funds, funds or other funds of an amount equal to the interest Interest (including Contingent Interest and Additional Interest, if any) payable on such Interest Payment Date on the Securities CODES being surrendered for conversion;provided that no such payment is required if (a) the Company has specified a Redemption Date during the period from the close of business on any record date preceding any Interest Payment Date through and including such Interest Payment Date or (b) any overdue interest (including any overdue Contingent Interest and Additional Interest, if any) exists at the time of the conversion with respect to the Securities converted, but only to the extent of the amount of such overdue interestconversion. Except as provided in Section 6.2(a) and this Section 6.1212.9, no payment or adjustments in respect of payments of interest Interest (including Contingent Interest and Additional Interest, if any) on Securities CODES surrendered for conversion or any dividends or distributions or interest on the Common Stock issued upon conversion shall be made upon the conversion of any SecuritiesCODES.

Conversion After Record Date. Except as provided in this Section 6.12----------------------------------------- below, a converting if any Securities are surrendered for conversion on any day other than an interest payment date, the Holder of such Securities shall not be entitled to receive any separate cash payments with respect to accrued and unpaid interest (including Contingent Interest and Additional Interest, if anycontingent interest) that has accrued on any such Securities being convertedsince the prior interest payment date. By delivery to the Holder of the number of shares of Common Stock or other consideration issuable or cash payable upon conversion in accordance with this Article 610, any accrued and unpaid interest (including Contingent Interest and Additional Interest, if anycontingent interest) on such Securities shall will be deemed to have been paid in full. If any Securities are surrendered for conversion subsequent to the record date Record Date preceding an Interest Payment Date interest payment date but on or prior to such Interest Payment Dateinterest payment date, the Holder of such Securities at the close of business on such record date Record Date shall receive the any interest (including Contingent Interest and Additional Interest, if anycontingent interest) payable on such Security Securities on such Interest Payment Date interest payment date notwithstanding the conversion thereof. Securities surrendered for conversion during the period from the close of business on any record date Record Date preceding any Interest Payment Date interest payment date to the opening of business on such Interest Payment interest payment date shall (except in the case of Securities which have been called for redemption on a Redemption Date shall within such period) be accompanied by payment from converting by Holders, for the account of the Company, in New York Clearing House funds, funds or other funds of an amount equal to the interest (including Contingent Interest and Additional Interest, if anycontingent interest) payable on such Interest Payment Date interest payment date on the Securities being surrendered for conversion;provided that no such payment is required if (a) the Company has specified a Redemption Date during the period from the close of business on any record date preceding any Interest Payment Date through and including such Interest Payment Date or (b) any overdue interest (including any overdue Contingent Interest and Additional Interest, if any) exists at the time of the conversion with respect to the Securities converted, but only to the extent of the amount of such overdue interestconversion. Except as provided in Section 6.2(a) and this Section 6.1210.9, no payment or adjustments in respect of payments of interest (including Contingent Interest and Additional Interest, if anycontingent interest) on Securities surrendered for conversion or any dividends or distributions or interest on the Common Stock issued upon conversion shall be made upon the conversion of any Securities.

Conversion After Record Date. Except as provided in this Section 6.12below, a converting if any CODES are surrendered for conversion on any day other than an Interest Payment Date, the Holder of Securities such CODES shall not be entitled to receive any separate cash payments with respect to accrued and unpaid interest Interest (including Contingent Interest) that has accrued on such CODES since the prior Interest and Additional Interest, if any) on any such Securities being convertedPayment Date. By delivery to the Holder of the number of shares of Common Stock or other consideration issuable or cash payable upon conversion in accordance with this Article 612, any accrued and unpaid interest Interest (including Contingent Interest and Additional Interest, if any) on such Securities shall CODES will be deemed to have been paid in full. If any Securities CODES are surrendered for conversion subsequent to the record date Record Date preceding an Interest Payment Date but on or prior to such Interest Payment Date, the Holder of such Securities CODES at the close of business on such record date Record Date shall receive the interest Interest (including Contingent Interest and Additional Interest, if any) payable on such Security CODES on such Interest Payment Date notwithstanding the conversion thereof. Securities CODES surrendered for conversion during the period from the close of business on any record date Record Date preceding any Interest Payment Date to the opening of business on 81 88 such Interest Payment Date shall (except in the case of CODES which have been called for redemption on a Redemption Date within such period) be accompanied by payment from converting by Holders, for the account of the Company, in New York Clearing House funds, funds or other funds of an amount equal to the interest Interest (including Contingent Interest and Additional Interest, if any) payable on such Interest Payment Date on the Securities CODES being surrendered for conversion;provided that no such payment is required if (a) the Company has specified a Redemption Date during the period from the close of business on any record date preceding any Interest Payment Date through and including such Interest Payment Date or (b) any overdue interest (including any overdue Contingent Interest and Additional Interest, if any) exists at the time of the conversion with respect to the Securities converted, but only to the extent of the amount of such overdue interestconversion. Except as provided in Section 6.2(a) and this Section 6.1212.9, no payment or adjustments in respect of payments of interest Interest (including Contingent Interest and Additional Interest, if any) on Securities CODES surrendered for conversion or any dividends or distributions or interest on the Common Stock issued upon conversion shall be made upon the conversion of any SecuritiesCODES.

Conversion After Record Date. Except as provided in this Section 6.12the succeeding paragraph, a converting upon conversion, the Holder of Securities Notes shall not be entitled to receive any separate cash payments with respect to accrued and unpaid interest interest, Contingent Interest or Additional Interest (including other than overdue interest), if any. If any Notes are surrendered for conversion subsequent to the close of business on any Record Date but prior to the opening of business on the corresponding Interest Payment Date, the Holder of such Notes at the close of business on such Record Date shall receive the interest, Contingent Interest and Additional Interest, if any) on any such Securities being converted. By delivery to the Holder of the number of shares of Common Stock or other consideration issuable or cash payable upon conversion in accordance with this Article 6, any accrued and unpaid interest (including Contingent Interest and Additional Interest, if any) on such Securities shall be deemed to have been paid in full. If any Securities are surrendered for conversion subsequent to the record date preceding an Interest Payment Date but prior to such Interest Payment Date, the Holder of such Securities at the close of business on such record date shall receive the interest (including Contingent Interest and Additional Interest, if any) payable on such Security Notes on such Interest Payment Date notwithstanding the conversion thereof. Securities Notes surrendered for conversion during the period from the close of business on any record date preceding any Interest Payment Record Date to the opening of business on such the corresponding Interest Payment Date shall (except as set forth below) be accompanied by payment from converting by Holders, for the account of the Company, in New York Clearing House funds, funds or other funds acceptable to the Company of an amount equal to the interest (including interest, Contingent Interest and Additional InterestInterest (other than overdue interest), if any) , payable on such Interest Payment Date on the Securities Notes being surrendered for conversion;provided conversion. The preceding sentence does not apply to (1) a Holder that no such payment is required if (a) converts Notes that have been called by the Company for redemption and in respect of which the Company has specified a Redemption Date during that is after a Record Date and on or prior to the period from the close of business on any record date preceding any corresponding Interest Payment Date, (2) a Holder that converts Notes in respect of which the Company has specified a Fundamental Change Purchase Date through that is after a Record Date and including such on or prior to the corresponding Interest Payment Date or (b3) any overdue interest (including any overdue Contingent Interest and Additional Interest, if any) exists existing at the time of the conversion with respect to the Securities Notes converted, but only to the extent of the amount of such overdue interest. Except as provided Accordingly, under the circumstances described in Section 6.2(aclauses (1) and this Section 6.12(2), no payment or adjustments in respect notwithstanding the foregoing, if the Company elects to redeem Notes and a Holder of payments Notes being redeemed chooses to convert those Notes on a date that is after a Record Date but prior to the corresponding Interest Payment Date, the Holder will not be required to pay the Company, at the time that Holder surrenders those Notes for conversion, the amount of interest (including Contingent Interest and Additional Interest, if any) on Securities surrendered for conversion or any dividends or distributions it will receive on the Interest Payment Date. Except as described in Section 12.2(a) and this Section 12.9, the Company will not make any payment in cash or Common Stock issued upon conversion shall be made upon the conversion of or other adjustment for accrued and unpaid interest or Additional Interest on any SecuritiesNotes when they are converted.