Common use of Conversion Based on Closing Sale Price of Common Stock Clause in Contracts

Conversion Based on Closing Sale Price of Common Stock. Prior to November 15, 2025 or earlier redemption, repurchase on a Repurchase Date or Repurchase Upon Fundamental Change, the Securities may be surrendered for conversion into cash and, if applicable, shares of Common Stock, cash or a combination thereof, at the Company’s election, as set forth in Section 10.02, during any calendar quarter after the calendar quarter ending December 31, 2006 (and only during such calendar quarter), if the Closing Sale Price for each of twenty (20) or more Trading Days in a period of thirty (30) consecutive Trading Days ending on the last Trading Day of the immediately preceding calendar quarter exceeds one hundred and twenty percent (120%) of the Conversion Price in effect on the last Trading Day of the immediately preceding calendar quarter. Solely for purposes of determining whether the Securities shall have become convertible pursuant to this Section 10.01(A)(i), the Board of Directors shall, in its good faith determination, make appropriate adjustments to the Closing Sale Prices and/or the Conversion Price used to determine whether the Securities shall have become convertible pursuant to this Section 10.01(A)(i) to account for any adjustments to the Conversion Rate which shall have become effective, or any event requiring an adjustment to the Conversion Rate where the Ex Date of such event occurs, during the period of thirty (30) consecutive Trading Days ending on the last Trading Day of the immediately preceding calendar quarter.

Conversion Based on Closing Sale Price of Common Stock. Prior Subject to November 15earlier Redemption, 2025 or earlier redemption, repurchase on a Repurchase Date Purchase at Holder's Option or Repurchase Upon Fundamental Change, the Holders may surrender Securities may be surrendered in integral multiples of $1,000 principal amount for conversion into cash andinto, if applicableat the Company's election, shares of Common Stockcash, cash ADSs or a combination thereof, at the Company’s election, as set forth in Section 10.02, during on any Business Day of a calendar quarter after the calendar quarter ending December March 31, 2006 (and only during such calendar quarter)2007, if the Closing Sale Price for each of twenty (20) or more Trading Days in a period of thirty (30) consecutive Trading Days ending on the last Trading Day of the immediately preceding calendar quarter exceeds one hundred and twenty percent (120%) of the Conversion Price of the Securities in effect on the last Trading Day of the immediately preceding calendar quarter. Solely for purposes of determining whether the Securities shall have become convertible pursuant to this Section 10.01(A)(i)paragraph, the Board of Directors shall, in its good faith determination, which shall be described in a Board Resolution, make appropriate adjustments to the Closing Sale Prices and/or the such Conversion Price used to determine whether the Securities shall have become convertible pursuant to this Section 10.01(A)(i) paragraph to account for any adjustments to the Conversion Rate which shall have become effective, or any event requiring an adjustment to the Conversion Rate where the Ex Date of such event occurs, during the period of thirty (30) consecutive Trading Days ending on the last Trading Day of the immediately preceding calendar quarter.

Conversion Based on Closing Sale Price of Common Stock. Prior Subject to November 15earlier Redemption, 2025 or earlier redemption, repurchase on a Repurchase Date Purchase at Holder’s Option or Repurchase Upon Fundamental Change, the Holders may surrender Securities may be surrendered in integral multiples of $1,000 principal amount for conversion into cash and, if applicable, shares of Common Stock, cash or a combination thereofor, at the Company’s electionoption, as set forth in Section 10.02, during cash and shares of Common Stock on any Business Day of a calendar quarter after the calendar quarter ending December 31, 2006 (and only during such calendar quarter)2006, if the Closing Sale Price for each of twenty (20) or more Trading Days in a period of thirty (30) consecutive Trading Days ending on the last Trading Day of the immediately preceding calendar quarter exceeds one hundred and twenty percent (120%) of the Conversion Price in effect on the last Trading Day of the immediately preceding calendar quarter. Solely for purposes of determining whether the Securities shall have become convertible pursuant to this Section 10.01(A)(i)paragraph, the Board of Directors shall, in its good faith determination, which shall be described in a Board Resolution, make appropriate adjustments to the Closing Sale Prices and/or the such Conversion Price used to determine whether the Securities shall have become convertible pursuant to this Section 10.01(A)(i) paragraph to account for any adjustments to the Conversion Rate which shall have become effective, or any event requiring an adjustment to the Conversion Rate where the Ex Date of such event occurs, during the period of thirty (30) consecutive Trading Days ending on the last Trading Day of the immediately preceding calendar quarter.

Conversion Based on Closing Sale Price of Common Stock. Prior to November 15, 2025 the Maturity Date or earlier redemptionRedemption, repurchase on a Repurchase Date Purchase at Holder’s Option or Repurchase Upon Fundamental Change, the Securities may be surrendered for conversion into cash and, if applicable, shares of Common Stock, cash or a combination thereof, at the Company’s election, as set forth in Section 10.02, Stock during any calendar quarter after the calendar quarter ending December 31June 30, 2006 (and only during such calendar quarter)2010, if the Closing Sale Price for each of twenty (20) or more Trading Days in a period of thirty (30) consecutive Trading Days ending on the last Trading Day of the immediately preceding calendar quarter exceeds one hundred and twenty percent (120%) of the Conversion Price in effect on the last Trading Day of the immediately preceding calendar quarter, as determined by the Company. Solely for purposes of determining whether the Securities shall have become convertible pursuant to this Section 10.01(A)(i8.01(A)(i), the Company’s Board of Directors shallshall make appropriate adjustments, in its good faith determination, make appropriate adjustments to the Closing Sale Prices and/or the such Conversion Price used to determine whether the Securities shall have become convertible pursuant to this Section 10.01(A)(i8.01(A)(i) to account for any adjustments to the Conversion Rate which shall have become effective, or any event requiring an adjustment to the Conversion Rate where the Ex Date of such event occurs, during the period of thirty (30) consecutive Trading Days ending on the last Trading Day of the immediately preceding calendar quarter.

Conversion Based on Closing Sale Price of Common Stock. Prior to November 15, 2025 or earlier redemption, repurchase on a Repurchase Date or Repurchase Upon Fundamental Change, the Securities may be surrendered for conversion into cash and, if applicable, shares of Common Stock, cash or a combination thereof, at the CompanyGuarantor’s election, as set forth in Section 10.02, during any calendar quarter after the calendar quarter ending December 31, 2006 (and only during such calendar quarter), if the Closing Sale Price for each of twenty (20) or more Trading Days in a period of thirty (30) consecutive Trading Days ending on the last Trading Day of the immediately preceding calendar quarter exceeds one hundred and twenty percent (120%) of the Conversion Price in effect on the last Trading Day of the immediately preceding calendar quarter. Solely for purposes of determining whether the Securities shall have become convertible pursuant to this Section 10.01(A)(i), the Board of Directors shall, in its good faith determination, make appropriate adjustments to the Closing Sale Prices and/or the Conversion Price used to determine whether the Securities shall have become convertible pursuant to this Section 10.01(A)(i) to account for any adjustments to the Conversion Rate which shall have become effective, or any event requiring an adjustment to the Conversion Rate where the Ex Date of such event occurs, during the period of thirty (30) consecutive Trading Days ending on the last Trading Day of the immediately preceding calendar quarter.