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 the close of business on the second Business Day immediately preceding the Maturity Date and subject to earlier repurchase pursuant to Article III, the Notes may be surrendered for conversion during any calendar quarter (and only during that quarter) after the calendar quarter ending September 30, 2008, 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 thirty percent (130%) of the Conversion Price in effect on the last Trading Day of the immediately preceding calendar quarter. Solely for purposes of determining whether the Notes shall have become convertible pursuant to this Section 10.01(A)(i), 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 Price and/or such Conversion Price used to determine whether the Notes shall have become convertible pursuant to this Section 10.01(A)(i) to account for any adjustments to the Conversion Rate that shall have become effective, or any event requiring an adjustment to the Conversion Rate where the Ex-Date (or effective 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 the close of business on the second Business Day immediately preceding the State Maturity Date for the payment of principal and subject to earlier repurchase pursuant to Article III, the Notes Securities may be surrendered for conversion during any calendar quarter (and only during that quarter) after the calendar quarter ending September June 30, 2008, 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 thirty percent (130%) of the Conversion Price in effect on the last Trading Day of the immediately preceding calendar quarter. Solely for purposes of determining whether the Notes Securities shall have become convertible pursuant to this Section 10.01(A)(i11.01(A)(i), 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 Price and/or such Conversion Price used to determine whether the Notes Securities shall have become convertible pursuant to this Section 10.01(A)(i11.01(A)(i) to account for any adjustments to the Conversion Rate that shall have become effective, or any event requiring an adjustment to the Conversion Rate where the Ex-Ex Date (or effective 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.