Common use of Conversion Right and Conversion Price Clause in Contracts

Conversion Right and Conversion Price. Subject to and upon compliance with the provisions of this Article, at the option of the Holder thereof, any Outstanding Note or any portion of the principal amount thereof which is $1,000 or an integral multiple of $1,000 may be converted into duly authorized, fully paid and nonassessable shares of Common Stock, at the Conversion Price, determined as hereinafter provided, in effect at the time of conversion. Such conversion right shall expire at the close of business on the Business Day immediately preceding September 1, 2011 unless the Notes or a portion thereof are called for redemption or are repurchased. In case a Note or portion thereof is called for redemption, such conversion right in respect of the Note or the portion so called, shall expire at the close of business on the Business Day immediately preceding the Redemption Date, unless the Company defaults in making the payment due upon redemption. In the case of a Change of Control for which the Holder exercises its Repurchase Right with respect to a Note or portion thereof, such conversion right in respect of the Note or portion thereof shall expire at the close of business on the Business Day immediately preceding the Repurchase Date. The rate at which shares of Common Stock shall be delivered upon conversion (the “Conversion Rate”) shall be initially equal to 500 shares per $1,000 principal amount of Notes. The Conversion Price of the Notes (the “Conversion Price”) shall equal $1,000 divided by the Conversion Rate (rounded to the nearest cent). The Conversion Price shall be adjusted in certain instances as provided in Section 12.4 hereof. If a Holder converts all or any portion of its Notes prior to October 31, 2008, upon such conversion, in addition to the Common Stock such Holder would receive, the Holder will be entitled to receive with respect to each Note so converted an amount in cash equal to the difference of (i) the amount of all interest that the Company would be required to pay on such Note from the date hereof through October 31, 2008 and (ii) the amount of interest actually paid on such Note by the Company prior to the time of conversion.

Conversion Right and Conversion Price. Subject to and upon compliance with the provisions of this ArticleArticle 10, at the option of the Holder thereof, any Outstanding Note or any portion of the principal amount thereof which is $1,000 or an integral a whole multiple of $1,000 may be converted at the principal amount thereof, or of such portion thereof, into duly authorized, fully paid and nonassessable shares of Common Stock, at the Conversion Price, determined as hereinafter provided, in effect at the time of conversion. Such conversion right shall expire at the close of business on the Business Day immediately preceding September 1, 2011 unless date of the Notes or a portion thereof are called for redemption or are repurchasedStated Maturity of the Notes. In case a Note or portion thereof is called for redemption, such conversion right in respect of the Note or the portion so called, shall expire at the close of business on the Business Day immediately preceding the applicable Provisional Redemption Date, unless the Company defaults in making the payment due upon redemption. In the case of (i) a Put Right Repurchase Date or (ii) a Change of Control in Control, in each case for which the Holder exercises its Repurchase Right repurchase right with respect to a Note or portion thereof, such conversion right in respect of the Note or portion thereof shall expire at the close of business on the Business Day immediately preceding the Put Right Repurchase Date or Change in Control Repurchase Date, as applicable. The rate price at which shares of Common Stock shall be delivered upon conversion (the “"Conversion Rate”Price") shall be initially equal to 500 shares $3.705 per $1,000 principal amount share of Notes. The Conversion Price of the Notes (the “Conversion Price”) shall equal $1,000 divided by the Conversion Rate (rounded to the nearest cent)Common Stock. The Conversion Price shall be adjusted in certain instances as provided in Section 12.4 hereof. If a Holder converts all or any portion of its Notes prior to October 31paragraphs (a), 2008(b), upon such conversion(c), in addition to the Common Stock such Holder would receive(d), the Holder will be entitled to receive with respect to each Note so converted an amount in cash equal to the difference of (e), (f), (h) and (i) of Section 10.04 and Section 10.12 hereof. In all events, upon the amount of all interest that the Company would be required to pay on such Note from the date hereof through October 31, 2008 and (ii) the amount of interest actually paid on such Note delivery by the Company prior to the time Holders of conversionthe full number of the shares of Common Stock into which the Notes are convertible, together with any cash payment for the Holders' fractional shares, the obligation of the Company to pay the principal amount of the Notes and any accrued and unpaid interest thereon shall be deemed satisfied. Accrued and unpaid interest shall be deemed paid in full rather than cancelled, extinguished or forfeited.

Conversion Right and Conversion Price. (a) Subject to and upon compliance with the provisions of this Article, at the option of the Holder thereof, any Outstanding outstanding Note or any portion of the principal amount thereof which is $1,000 or an integral multiple of $1,000 may be converted into duly authorized, fully paid and nonassessable shares of Common StockShares, at the Conversion PriceRate, determined as hereinafter provided, in effect at the time of conversionconversion and subject to adjustment, as described below. Such conversion right shall expire at the close of business on the Business Day immediately preceding September 1March 15, 2011 2025 unless the Notes or a portion thereof are have been previously called for redemption or are repurchasedrepurchase. A Note for which a Holder has delivered a Repurchase Notice pursuant to Article XIII hereof may be surrendered for conversion only if such notice is withdrawn in accordance with Article XIII hereof. (b) The rate at which Common Shares shall be delivered upon conversion (the “Conversion Rate”) shall be initially equal to 121.2121 Common Shares per $1,000 principal amount of Notes. The Conversion Price of the Notes (the “Conversion Price”) shall be initially equal to $8.25 per Common Share. The Conversion Rate and the Conversion Price shall be adjusted in certain instances as provided in Section 14.4 hereof. (c) In case a Note or portion thereof is called for repurchase or redemption, such conversion right in respect of the Note or the portion so called, shall expire at the close of business on the Business Day immediately preceding the a Repurchase Date or a Redemption Date, unless the Company Issuer defaults in making the payment due upon repurchase or redemption. In the case of a Change of in Control for which the Holder exercises its Designated Event Repurchase Right with respect to a Note or portion thereof, such conversion right in respect of the Note or portion thereof shall expire at the close of business on the Business Day immediately preceding the Designated Event Repurchase Date. The rate at which shares of Common Stock shall be delivered upon . (d) Notwithstanding anything contained in this Article XIV, any conversion (the “Conversion Rate”) shall be initially equal to 500 shares per $1,000 principal amount of Notes. The Conversion Price of the Notes (the “Conversion Price”) shall equal $1,000 divided held by the Conversion Rate (rounded a resident of Canada will be subject to the nearest cent). The Conversion Price shall be adjusted in certain instances availability of a prospectus exemption under applicable Canadian securities laws until such time as provided in Section 12.4 hereof. If a Holder converts all or any portion final receipt has been issued for a Canadian prospectus qualifying the distribution of its Notes prior to October 31, 2008, upon such conversion, in addition to the underlying Common Stock such Holder would receive, the Holder will be entitled to receive with respect to each Note so converted an amount in cash equal to the difference of (i) the amount of all interest that the Company would be required to pay on such Note from the date hereof through October 31, 2008 and (ii) the amount of interest actually paid on such Note by the Company prior to the time of conversionShares.

Conversion Right and Conversion Price. (a) Subject to and upon compliance with the provisions of this Article, at the option of the Holder thereof, any Outstanding outstanding Note or any portion of the principal amount thereof which is $1,000 or an integral multiple of $1,000 may be converted into duly authorized, fully paid and nonassessable shares of Common StockShares, at the Conversion PriceRate, determined as hereinafter provided, in effect at the time of conversionconversion and subject to adjustment, as described below. Such conversion right shall expire at the close of business on the Business Day immediately preceding September 1March 15, 2011 2025 unless the Notes or a portion thereof are have been previously called for redemption or are repurchasedrepurchase. A Note for which a Holder has delivered a Repurchase Notice pursuant to Article XIII hereof may be surrendered for conversion only if such notice is withdrawn in accordance with Article XIII hereof. (b) The rate at which Common Shares shall be delivered upon conversion (the "Conversion Rate") shall be initially equal to 70.0133 Common Shares per $1,000 principal amount of Notes. The Conversion Price of the Notes (the "Conversion Price") shall be initially equal to $14.28 per Common Share. The Conversion Rate and the Conversion Price shall be adjusted in certain instances as provided in Section 14.4 hereof. (c) In case a Note or portion thereof is called for repurchase or redemption, such conversion right in respect of the Note or the portion so called, shall expire at the close of business on the Business Day immediately preceding the a Repurchase Date or a Redemption Date, unless the Company Issuer defaults in making the payment due upon repurchase or redemption. In the case of a Change of in Control for which the Holder exercises its Designated Event Repurchase Right with respect to a Note or portion thereof, such conversion right in respect of the Note or portion thereof shall expire at the close of business on the Business Day immediately preceding the Designated Event Repurchase Date. The rate at which shares of Common Stock shall be delivered upon . (d) Notwithstanding anything contained in this Article XIV, any conversion (the “Conversion Rate”) shall be initially equal to 500 shares per $1,000 principal amount of Notes. The Conversion Price of the Notes (the “Conversion Price”) shall equal $1,000 divided held by the Conversion Rate (rounded a resident of Canada will be subject to the nearest cent). The Conversion Price shall be adjusted in certain instances availability of a prospectus exemption under applicable Canadian securities laws until such time as provided in Section 12.4 hereof. If a Holder converts all or any portion final receipt has been issued for a Canadian prospectus qualifying the distribution of its Notes prior to October 31, 2008, upon such conversion, in addition to the underlying Common Stock such Holder would receive, the Holder will be entitled to receive with respect to each Note so converted an amount in cash equal to the difference of (i) the amount of all interest that the Company would be required to pay on such Note from the date hereof through October 31, 2008 and (ii) the amount of interest actually paid on such Note by the Company prior to the time of conversionShares.

Conversion Right and Conversion Price. Subject to and upon compliance with the provisions of this ArticleArticle Four, at the option of the Holder thereof, any Outstanding Note or any portion of the principal amount thereof which is $1,000 or an integral multiple of $1,000 2008 Debenture may be converted into duly authorized, fully paid and nonassessable shares (calculated as to each conversion to the nearest 1/100 of a share) of Common StockStock of the Company, at the Conversion Price, determined as hereinafter provided, in effect at the time of conversionconversion (the "Conversion Right"). The ratio derived by dividing $1,000 by the then-applicable Conversion Price is referred to herein as the "Conversion Rate." Such conversion right Conversion Right shall commence on the Issue Date of the 2008 Debentures and expire at the close of business on the Business Day immediately preceding September 1, 2011 unless the Notes or a portion thereof are called for redemption or are repurchasedStated Maturity of the principal of the 2008 Debentures. In case a Note 2008 Debenture or portion thereof is called for redemptionredemption or the Holder thereof exercises its right to require the Company to repurchase the 2008 Debenture upon a Change in Control, such conversion right Conversion Right in respect of the Note 2008 Debenture or the portion thereof so called, called or repurchasable shall expire at the close of business on the Business Day immediately preceding the Redemption Date or Repurchase Date, unless the Company defaults in making the payment due upon redemption. In redemption or repurchase, as the case of a Change of Control for may be, in which case the Holder exercises its Repurchase Conversion Right with respect to a Note or portion thereof, such conversion right in respect of the Note or portion thereof shall expire terminate at the close of business on the Business Day immediately preceding date such default is cured and such 2008 Debenture is redeemed or repurchased. Any 2008 Debenture in respect of which a Repurchase Notice has been given may not be converted pursuant to this Article Four on or after the date of the delivery of such Repurchase DateNotice unless such Repurchase Notice has first been validly withdrawn in accordance with Section 5.09 hereof. A Holder of a 2008 Debenture is not entitled to any rights of a holder of Common Stock until such Holder has converted its 2008 Debenture into Common Stock and only to the extent such 2008 Debenture is deemed to have been converted into Common Stock pursuant to this Article Four. The rate price at which shares of Common Stock shall be delivered upon conversion (is herein referred to as the “"Conversion Rate”) Price". The initial Conversion Price shall be initially equal to 500 shares $9.6750 per $1,000 principal amount share of Notes. The Conversion Price of the Notes (the “Conversion Price”) shall equal $1,000 divided by the Conversion Rate (rounded to the nearest cent)Common Stock. The Conversion Price shall be adjusted in certain instances as provided in Section 12.4 4.05 hereof. If a Holder converts all or any portion of its Notes prior to October 31, 2008, upon such conversion, in addition to the Common Stock such Holder would receive, the Holder will be entitled to receive with respect to each Note so converted an amount in cash equal to the difference of (i) the amount of all interest that the Company would be required to pay on such Note from the date hereof through October 31, 2008 and (ii) the amount of interest actually paid on such Note by the Company prior to the time of conversion.

Conversion Right and Conversion Price. (a) Subject to and upon compliance with the provisions of this Article, at the option of the Holder thereof, any Outstanding outstanding Note or any portion of the principal amount thereof which is $1,000 or an integral multiple of $1,000 may be converted into duly authorized, fully paid and nonassessable shares of Common StockShares, at the Conversion PriceRate, determined as hereinafter provided, in effect at the time of conversionconversion and subject to adjustment, as described below. Such conversion right shall expire at the close of business on the Business Day immediately preceding September 1, 2011 the Maturity Date unless the Notes or a portion thereof are have been previously called for redemption or are repurchasedrepurchase. A Note for which a Holder has delivered a Repurchase Notice pursuant to Article XIII hereof may be surrendered for conversion only if such notice is withdrawn in accordance with Article XIII hereof. (b) The rate at which Common Shares shall be delivered upon conversion (the “Conversion Rate”) shall be initially equal to 33.3333 Common Shares per $1,000 principal amount of Notes. The Conversion Price of the Notes (the “Conversion Price”) shall be initially equal to $30.00 per Common Share. The Conversion Rate and the Conversion Price shall be adjusted in certain instances as provided in Section 14.4 hereof. (c) In case a Note or portion thereof is called for redemptionrepurchase, such conversion right in respect of the Note or the portion so called, shall expire at the close of business on the Business Day immediately preceding the Redemption a Repurchase Date, unless the Company Issuer defaults in making the payment due upon redemptionrepurchase. In the case of a Change of in Control for which the Holder exercises its Designated Event Repurchase Right with respect to a Note or portion thereof, such conversion right in respect of the Note or portion thereof shall expire at the close of business on the Business Day immediately preceding the Designated Event Repurchase Date. The rate at which shares of Common Stock shall be delivered upon . (d) Notwithstanding anything contained in this Article XIV, any conversion (the “Conversion Rate”) shall be initially equal to 500 shares per $1,000 principal amount of Notes. The Conversion Price of the Notes (the “Conversion Price”) shall equal $1,000 divided held by the Conversion Rate (rounded a resident of Canada will be subject to the nearest cent). The Conversion Price shall be adjusted in certain instances availability of a prospectus exemption under applicable Canadian securities laws until such time as provided in Section 12.4 hereof. If a Holder converts all or any portion final receipt has been issued for a Canadian prospectus qualifying the distribution of its Notes prior to October 31, 2008, upon such conversion, in addition to the underlying Common Stock such Holder would receive, the Holder will be entitled to receive with respect to each Note so converted an amount in cash equal to the difference of (i) the amount of all interest that the Company would be required to pay on such Note from the date hereof through October 31, 2008 and (ii) the amount of interest actually paid on such Note by the Company prior to the time of conversionShares.

Conversion Right and Conversion Price. (a) Subject to and upon compliance with the provisions of this ArticleArticle and at any time prior to the Term B Loan Maturity Date, at the option of any Term B Lenders, the Holder thereof, any Outstanding Note Term B Loan of such Lender or any portion of the principal amount thereof which is $1,000 or an integral multiple of $1,000 may be converted at the principal amount thereof, or of such portion thereof, into duly authorized, fully paid and nonassessable shares of Common StockStock (such shares of Common Stock to meet the conditions set forth in Section 10.14), at the Conversion Price, determined as hereinafter provided, in effect at the time of conversion. Such conversion right shall expire at the close of business on the Business Day immediately preceding September 1October 30, 2011 unless the Notes or a portion thereof are called for redemption or are repurchased2014. Additional consideration may be due upon conversion as required herein. (b) In case a Note notice of prepayment is issued for a Term B Lender’s Term B Loans or portion thereof is called for redemptionpursuant to Section 2.6(a)(ii) or (b), such conversion right in respect of the Note Term B Loan or the portion so called, shall expire at the close of business on the second Business Day immediately preceding the Redemption Datedate of prepayment, unless the Company Borrower defaults in making the payment due upon redemption. In on the case prepayment date; provided, that in no event shall the Term B Lenders have less than 20 Business Days from the receipt of a Change notice of Control for which the Holder exercises prepayment to exercise its Repurchase Right with respect to a Note or portion thereof, such conversion right in respect of the Note Term B Loans or the portion thereof being prepaid. (c) In the event of a Fundamental Change, each Term B Lender’s right to convert through a Fundamental Change Conversion shall expire at the close of business on the Business Day immediately preceding the Repurchase Date. , unless the Borrower defaults in making the payment due on the Repurchase Date; provided, that in no event shall the Term B Lenders have less than 20 Business Days from the receipt of a notice of a Fundamental Change to exercise its conversion right via a Fundamental Change Conversion. (d) The rate price at which shares of Common Stock shall be delivered upon conversion (the “Conversion RatePrice”) shall be initially equal to 500 shares $4.95 per $1,000 principal amount share of Notes. The Conversion Price of the Notes (the “Conversion Price”) shall equal $1,000 divided by the Conversion Rate (rounded to the nearest cent)Common Stock. The Conversion Price shall be adjusted in certain instances as provided in Section 12.4 hereof. If a Holder converts all or any portion of its Notes prior to October 31paragraphs (a), 2008(b), upon such conversion(c), in addition to the Common Stock such Holder would receive(d), the Holder will be entitled to receive with respect to each Note so converted an amount in cash equal to the difference of (ie), (f), (h) the amount of all interest that the Company would be required to pay on such Note from the date hereof through October 31, 2008 and (ii1) of Section 10.4. Additional shares may also be deliverable upon conversion as required under Article XI of the amount of interest actually paid on such Note by the Company prior to the time of conversionLoan Agreement.

Conversion Right and Conversion Price. Subject to and upon compliance with the provisions of this ArticleArticle Four, at the option of the Holder thereof, any Outstanding Note or any portion of the principal amount thereof which is $1,000 or an integral multiple of $1,000 may be converted at the principal amount thereof, or of such portion thereof, into duly authorized, validly issued, fully paid and nonassessable shares of Common Stock, at the Conversion Price, determined as hereinafter provided, in effect at the time of conversion. Such conversion right shall expire at the close of business on the Business Day immediately preceding September 1, 2011 unless Final Maturity Date of the Notes or a portion thereof are called for redemption or are repurchasedNotes. In case a Note or portion thereof is called for redemption, such conversion right in respect of the Note or the portion so called, called for redemption shall expire at the close of business on the Business Day immediately preceding the Redemption Date, unless the Company defaults in making the payment due upon redemption. In the case of a Change of Control for which the Holder exercises its Repurchase Right repurchase right with respect to a Note or portion thereofthereof by delivering a Change of Control Repurchase Notice as contemplated by Section 601(d), such the conversion right in respect of the such Note or portion thereof thereof, as the case may be, shall expire at not exercisable except to the extent that such Holder shall have withdrawn such Change of Control Repurchase Notice prior to the close of business on the Business Day immediately preceding the applicable Change of Control Repurchase DateDate by delivery of a written notice of withdrawal in accordance with Section 602 hereof. The rate price at which shares of Common Stock shall be delivered upon conversion (the “"Conversion Rate”Price") shall be initially equal to 500 shares $32.95 per $1,000 principal amount share of Notes. The Conversion Price of the Notes (the “Conversion Price”) shall equal $1,000 divided by the Conversion Rate (rounded to the nearest cent)Common Stock. The Conversion Price shall be adjusted in certain instances as provided in paragraphs (a), (b), (c), (d), (e), (f), (h) and (i) of Section 12.4 404 and in Section 412 hereof. If a Holder converts all or any portion The number of its Notes prior to October 31, 2008, upon such conversion, in addition to the shares of Common Stock such Holder would receive, the Holder will issuable upon conversion of a Note (or portions thereof) shall be entitled to receive with respect to each Note so converted an amount in cash equal to the difference of (i) amount obtained by dividing the principal amount of all interest that the Company would be required to pay on such Note from the date hereof through October 31, 2008 and (iior portion thereof) the amount of interest actually paid on such Note being converted by the Company prior to Conversion Price as in effect at the time of conversionconversion and rounding the quotient to the nearest 1/100th of a share, with 5/1,000ths of a share rounded upwards.