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

Conversion Based on Closing Sale Price of Common Stock. The Securities may be surrendered for conversion into cash and, if applicable, shares of Common Stock on any Business Day of a fiscal quarter after the fiscal quarter ending March 31, 2005 (and only during that fiscal quarter), if the Closing Sale Price for each of twenty (20) or more consecutive Trading Days in a period of thirty (30) consecutive Trading Days ending on the last Trading Day of the immediately preceding fiscal quarter exceeds one hundred and thirty percent (130%) of the Conversion Price in effect as of that last Trading Day. 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 such 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 (as defined in Section 10.05(g)) of such event occurs, during the period of thirty (30) consecutive Trading Days ending on the last Trading Day of the immediately preceding fiscal quarter.

Conversion Based on Closing Sale Price of Common Stock. The Securities may be surrendered for conversion into cash and, if applicable, shares of Common Stock on any Business Day of a fiscal calendar quarter after the fiscal calendar quarter ending March 31June 30, 2005 (and only during that fiscal quarter)2007, if the Closing Sale Price for each of twenty (20) or more consecutive Trading Days in a period of thirty (30) consecutive Trading Days ending on the last Trading Day of the immediately preceding fiscal calendar quarter exceeds one hundred and thirty percent (130%) of the Conversion Price in effect as of that on the last Trading DayDay 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)(i11.01(A)(i), the Board of Directors shall, in its good faith determination determination, which shall be described in a Board Resolution, make appropriate adjustments to the Closing Sale Prices and/or such Conversion Price used to determine whether the 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 which shall have become effective, or any event requiring an adjustment to the Conversion Rate where the Ex Date (as defined in Section 10.05(g)) of such event occurs, during the period of thirty (30) consecutive Trading Days ending on the last Trading Day of the immediately preceding fiscal calendar quarter.

Conversion Based on Closing Sale Price of Common Stock. The Securities may be surrendered for conversion into cash and, if applicable, shares of Common Stock on any Business Day of a fiscal calendar quarter after the fiscal calendar quarter ending March 31June 30, 2005 (and only during that fiscal quarter)2007, if the Closing Sale Price for each of twenty (20) or more consecutive Trading Days in a period of thirty (30) consecutive Trading Days ending on the last Trading Day of the immediately preceding fiscal calendar quarter exceeds one hundred and thirty percent (130%) of the Conversion Price in effect as of that on the last Trading DayDay 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 determination, which shall be described in a Board Resolution, make appropriate adjustments to the Closing Sale Prices and/or 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 (as defined in Section 10.05(g)) of such event occurs, during the period of thirty (30) consecutive Trading Days ending on the last Trading Day of the immediately preceding fiscal calendar quarter.

Conversion Based on Closing Sale Price of Common Stock. The Securities may be surrendered for conversion into cash andor, if applicableat the Company’s option, cash and shares of Common Stock on any Business Day of a fiscal calendar quarter after the fiscal calendar quarter ending March December 31, 2005 (and only during that fiscal quarter)2006, if the Closing Sale Price for each of twenty (20) or more consecutive Trading Days in a period of thirty (30) consecutive Trading Days ending on the last Trading Day of the immediately preceding fiscal calendar quarter exceeds one hundred and thirty twenty percent (130120%) of the Conversion Price in effect as of that on the last Trading DayDay 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)(i10.01(a)(i), the Board of Directors shall, in its good faith determination determination, which shall be described in a Board Resolution, make appropriate adjustments to the Closing Sale Prices and/or such Conversion Price used to determine whether the Securities shall have become convertible pursuant to this Section 10.01(A)(i10.01(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 (as defined in Section 10.05(g)) of such event occurs, during the period of thirty (30) consecutive Trading Days ending on the last Trading Day of the immediately preceding fiscal calendar quarter.