Common use of Conversion Upon Satisfaction of Trading Price Condition Clause in Contracts

Conversion Upon Satisfaction of Trading Price Condition. (A) A Holder may surrender its Securities for conversion into the Company’s Common Stock during the five Business Days immediately following any five consecutive Trading-Day period in which the Trading Price per $1,000 principal amount of Securities (as determined following a request by a Holder of the Securities in accordance with the procedures described below) for each day of that period was less than 98% of the product of the sale price of the Company’s Common Stock and the then applicable conversion rate (the “98% Trading Exception”); provided, however, that if, on the date of any conversion of the Securities pursuant to the 98% Trading Exception that is on or after February 15, 2019, the sale price of the Company’s Common Stock is greater than the applicable Conversion Price for the Securities, then the Holder shall receive upon conversion of the Securities, in lieu of Common Stock based on the then applicable conversion rate for the Holder’s Securities, cash, Common Stock or a combination of cash and Common Stock, at the Company’s option, with a value equal to the principal amount of the Holder’s Security plus accrued and unpaid interest, if any, as of the conversion date, which is referred to as a “principal value conversion”. (B) In connection with any conversion upon satisfaction of the condition set forth in clause (A) above, the Trustee shall have no obligation to determine the Trading Price of the Securities unless the Company has requested such determination, and the Company shall have no obligation to make such request unless the Holder provides the Company with reasonable evidence that the Trading Price per $1,000 principal amount of the Securities would be less than 98% of the product of the sale price of the Company’s Common Stock and the then applicable conversion rate; at which time the Company shall instruct the Trustee to determine the Trading Price of the Securities beginning on the next Trading Day and on each successive Trading Day until the trading price is greater than or equal to 98% of the product of the sale price of the Company’s Common Stock and the then applicable conversion rate.

Conversion Upon Satisfaction of Trading Price Condition. (A) A Holder may surrender its Securities of either series for conversion into the Company’s Common Stock during the five Business Days immediately following Day period after any five consecutive Trading-Trading Day period (the “Measurement Period”) in which the Trading Price per $1,000 principal amount of Securities (of such series, as determined following a request by a Holder of the Securities in accordance with the procedures described below) set forth in this Section 12.01(a)(ii), for each day of that period was less than 98% of the product of the sale price Last Reported Sale Price of the Company’s Common Stock and the then applicable conversion rate (the “98% Trading Exception”); provided, however, that if, on the date of any conversion of the Securities pursuant to the 98% Trading Exception that is on or after February 15, 2019, the sale price of the Company’s Common Stock is greater than the applicable Conversion Price for the Securities, then the Holder shall receive upon conversion of the Securities, in lieu of Common Stock based on the then applicable conversion rate for the Holder’s Securities, cash, Common Stock or a combination of cash and Common Stock, at the Company’s option, with a value equal to the principal amount of the Holder’s Security plus accrued and unpaid interest, if any, as of the conversion date, which is referred to as a “principal value conversion”. (B) Rate. In connection with any conversion upon satisfaction of the condition set forth in clause (A) aboveaccordance with this Section 12.01(a)(ii), the Trustee Bid Solicitation Agent shall have no obligation to determine the Trading Price of the Securities of either series unless requested by the Company has requested such determination, Company; and the Company shall have no obligation to make such request unless the a Holder provides the Company with reasonable evidence that the Trading Price per $1,000 principal amount of the Securities of either series would be less than 98% of the product of the sale price Last Reported Sale Price of the Company’s Common Stock and the then applicable conversion rate; at which time Conversion Rate. Promptly after receiving such evidence, the Company shall instruct the Trustee Bid Solicitation Agent to determine the Trading Price of the Securities of such series beginning on the next Trading Day and on each successive Trading Day until the trading price Trading Price per $1,000 principal amount of Securities of such series is greater than or equal to 98% of the product of the sale price Last Reported Sale Price of the Company’s Common Stock and the then applicable conversion rateConversion Rate. If the condition set forth in this Section 12.01(a)(ii) has been met, the Company shall so notify the Trustee and the Holders. If at any time after the condition set forth in this Section 12.01(a)(ii) has been met, the Trading Price per $1,000 principal amount of the applicable Securities is greater than 98% of the product of the Last Reported Sale Price of Common Stock and the Conversion Rate for such date, the Company shall so notify the Trustee and the Holders.

Conversion Upon Satisfaction of Trading Price Condition. (A) A Prior to the Close of Business on the Business Day immediately preceding April 15, 2027, a Holder may surrender convert its Securities for conversion into the Company’s Common Stock Notes during the five consecutive Business Days Day period immediately following after any five consecutive Trading-Trading Day period (such five consecutive Trading Day period, the “Measurement Period”) in which the Trading Price per $1,000 principal amount of Securities (the Notes, as determined following a request by a Holder of the Securities in accordance with the procedures described set forth below) , for each day Trading Day of that period the Measurement Period was less than ninety eight percent (98% %) of the product of the sale price Last Reported Sale Price of the Company’s Common Stock and the then applicable conversion rate (the “98% Conversion Rate on such Trading Exception”); provided, however, that if, on the date of any conversion of the Securities pursuant to the 98% Trading Exception that is on or after February 15, 2019, the sale price of the Company’s Common Stock is greater than the applicable Conversion Price for the Securities, then the Holder shall receive upon conversion of the Securities, in lieu of Common Stock based on the then applicable conversion rate for the Holder’s Securities, cash, Common Stock or a combination of cash and Common Stock, at the Company’s option, with a value equal to the principal amount of the Holder’s Security plus accrued and unpaid interest, if any, as of the conversion date, which is referred to as a “principal value conversion”. (B) In connection with any conversion upon satisfaction of the Day. The condition set forth in clause the preceding sentence is herein referred to as the “Trading Price Condition.” The Trading Price shall be determined by the Bid Solicitation Agent pursuant to this Section 10.01(b) and the definition of Trading Price set forth herein. The Bid Solicitation Agent (Aif other than the Company) above, the Trustee shall have no obligation to determine the Trading Price per $1,000 principal amount of the Securities Notes unless the Company has requested such determinationdetermination in writing, and the Company shall will have no obligation to make such request (or seek bids itself) unless the a Holder of at least $2,000,000 aggregate principal amount of Notes provides the Company with reasonable evidence that the Trading Price per $1,000 principal amount of the Securities Notes would be less than ninety eight percent (98% %) of the product of the sale price Last Reported Sale Price of the Company’s Common Stock and the then applicable conversion rate; at which time Conversion Rate. At such time, the Company shall, or shall instruct the Trustee to Bid Solicitation Agent to, determine the Trading Price per $1,000 principal amount of the Securities Notes beginning on the next Trading Day and on each successive Trading Day until the trading price Trading Price per $1,000 principal amount of the Notes is greater than or equal to ninety eight percent (98% %) of the product of the sale price Last Reported Sale Price of the Company’s Common Stock and the then applicable conversion rateConversion Rate. If the Trading Price condition has been met, the Company will so notify the Holders, the Trustee and the Conversion Agent (if other than the Trustee) in writing. If, on any Trading Day after the Trading Price Condition has been met, the Trading Price per $1,000 principal amount of Notes is greater than or equal to ninety eight percent (98%) of the product of the Last Reported Sale Price of the Common Stock and the Conversion Rate for such Trading Day, the Company will so notify the Holders, the Trustee and the Conversion Agent (if other than the Trustee) in writing.

Conversion Upon Satisfaction of Trading Price Condition. (A) A Holder Subject to earlier Redemption, Purchase at Holder's Option or Repurchase Upon Fundamental Change, Holders may surrender its Securities in integral multiples of US$1,000 principal amount for conversion into into, at the Company’s Common Stock 's election, cash, ADSs or a combination thereof, during the five (5) consecutive Business Days immediately following after any five (5) consecutive Trading-Trading Day period (such five (5) consecutive Trading Day period, the "NOTE MEASUREMENT PERIOD") in which the average Trading Price per $US$1,000 principal amount of the Securities was equal to or less than ninety-seven percent (97%) of the average Conversion Value (as determined following a request by a Holder of the Securities in accordance with the procedures described defined below) for each day of that period was less than 98% of during the product of the sale price of the Company’s Common Stock and the then applicable conversion rate Note Measurement Period (the “98% Trading Exception”); provided, however, that if, on the date of any conversion of the Securities pursuant to the 98% Trading Exception that is on or after February 15, 2019such condition, the sale price of the Company’s Common Stock is greater than the applicable Conversion Price for the Securities, then the Holder "TRADING PRICE CONDITION"). The Bid Solicitation Agent shall receive upon conversion of the Securities, in lieu of Common Stock based on the then applicable conversion rate for the Holder’s Securities, cash, Common Stock or a combination of cash and Common Stock, at the Company’s option, with a value equal to the principal amount of the Holder’s Security plus accrued and unpaid interest, if any, as of the conversion date, which is referred to as a “principal value conversion”. (B) In connection with not have any conversion upon satisfaction of the condition set forth in clause (A) above, the Trustee shall have no obligation to determine the Trading Price of the Securities unless the Company has requested such determinationdetermination in writing, and the Company shall have no obligation to make such request unless the a Holder provides the Company with reasonable evidence that the Trading Price per $US$1,000 principal amount of the Securities would be equal to or less than 98% ninety-seven percent (97%) of the product of the sale price of the Company’s Common Stock Closing Sale Price and the then applicable conversion rate; at which time Conversion Rate. Upon receipt of such evidence, the Company shall instruct the Trustee Bid Solicitation Agent in writing to determine the Trading Price per US$1,000 principal amount of the Securities beginning on for each of the next five (5) successive Trading Day Days immediately after the Company receives such evidence and on each successive Trading Day thereafter until the trading price first Trading Day on which the Trading Price Condition is greater than or equal to 98% no longer satisfied. For purposes of this paragraph, the "CONVERSION VALUE" per US$1,000 principal amount of Securities, on a given Trading Day, means the product of the sale price Closing Sale Price on such Trading Day and the Conversion Rate in effect on such Trading Day. Conversion Based on Redemption. A Security, or portion of a Security, which has been called for Redemption pursuant to PARAGRAPH 6 may be surrendered in integral multiples of US$1,000 principal amount for conversion into, at the Company’s Common Stock and 's election, cash, ADSs or a combination thereof; provided, however, that such Security or portion thereof may be surrendered for conversion pursuant to this paragraph only until the then applicable conversion rateclose of business on the third (3rd) Business Day immediately preceding the Redemption Date.

Conversion Upon Satisfaction of Trading Price Condition. (A) A Prior to the Close of Business on the Business Day immediately preceding October 15, 2023, a Holder may surrender convert its Securities for conversion into the Company’s Common Stock Notes during the five consecutive Business Days Day period immediately following after any five consecutive Trading-Trading Day period (such five consecutive Trading Day period, the “Measurement Period”) in which the Trading Price per $1,000 principal amount of Securities (the Notes, as determined following a request by a Holder of the Securities in accordance with the procedures described set forth below) , for each day Trading Day of that period the Measurement Period was less than ninety eight percent (98% %) of the product of the sale price Last Reported Sale Price of the Company’s Common Stock and the then applicable conversion rate (the “98% Conversion Rate on such Trading Exception”); provided, however, that if, on the date of any conversion of the Securities pursuant to the 98% Trading Exception that is on or after February 15, 2019, the sale price of the Company’s Common Stock is greater than the applicable Conversion Price for the Securities, then the Holder shall receive upon conversion of the Securities, in lieu of Common Stock based on the then applicable conversion rate for the Holder’s Securities, cash, Common Stock or a combination of cash and Common Stock, at the Company’s option, with a value equal to the principal amount of the Holder’s Security plus accrued and unpaid interest, if any, as of the conversion date, which is referred to as a “principal value conversion”. (B) In connection with any conversion upon satisfaction of the Day. The condition set forth in clause the preceding sentence is herein referred to as the “Trading Price Condition.” The Trading Price shall be determined by the Bid Solicitation Agent pursuant to this Section 10.01(b) and the definition of Trading Price set forth herein. The Bid Solicitation Agent (Aif other than the Company) above, the Trustee shall have no obligation to determine the Trading Price per $1,000 principal amount of the Securities Notes unless the Company has requested such determinationdetermination in writing, and the Company shall will have no obligation to make such request (or seek bids itself) unless the a Holder of at least $500,000 aggregate principal amount of Notes provides the Company with reasonable evidence that the Trading Price per $1,000 principal amount of the Securities Notes would be less than ninety eight percent (98% %) of the product of the sale price Last Reported Sale Price of the Company’s Common Stock and the then applicable conversion rate; at which time Conversion Rate. At such time, the Company shall, or shall instruct the Trustee to Bid Solicitation Agent to, determine the Trading Price per $1,000 principal amount of the Securities Notes beginning on the next Trading Day and on each successive Trading Day until the trading price Trading Price per $1,000 principal amount of the Notes is greater than or equal to ninety eight percent (98% %) of the product of the sale price Last Reported Sale Price of the Company’s Common Stock and the then applicable conversion rateConversion Rate. If the Trading Price condition has been met, the Company will so notify the Holders, the Trustee and the Conversion Agent (if other than the Trustee) in writing. If, on any Trading Day after the Trading Price Condition has been met, the Trading Price per $1,000 principal amount of Notes is greater than or equal to ninety eight percent (98%) of the product of the Last Reported Sale Price of the Common Stock and the Conversion Rate for such Trading Day, the Company will so notify the Holders, the Trustee and the Conversion Agent (if other than the Trustee) in writing.

Conversion Upon Satisfaction of Trading Price Condition. (A) A Holder Prior to December 1, 2016, you may surrender its Securities your Notes for conversion into the Company’s Common Stock during the five Business Days immediately business-day period following any five consecutive Tradingtrading-Day day period in which the Trading Price “trading price” per $1,000 principal amount of Securities (Notes, as determined following a request by a Holder holder of the Securities Notes in accordance with the procedures described below) , for each trading day of that such five trading-day period was less than 98% of the product of the closing sale price of the Company’s Common Stock our common stock for each trading day during such five trading-day period and the then applicable current conversion rate (the rate. The “98% Trading Exception”); provided, however, that if, on the date of any conversion of the Securities pursuant to the 98% Trading Exception that is on or after February 15, 2019, the sale price of the Company’s Common Stock is greater than the applicable Conversion Price for the Securities, then the Holder shall receive upon conversion of the Securities, in lieu of Common Stock based on the then applicable conversion rate for the Holder’s Securities, cash, Common Stock or a combination of cash and Common Stock, at the Company’s option, with a value equal to the principal amount of the Holder’s Security plus accrued and unpaid interest, if any, as of the conversion date, which is referred to as a “principal value conversion”. (B) In connection with any conversion upon satisfaction of the condition set forth in clause (A) above, the Trustee shall have no obligation to determine the Trading Price of the Securities unless the Company has requested such determination, and the Company shall have no obligation to make such request unless the Holder provides the Company with reasonable evidence that the Trading Price trading price” per $1,000 principal amount of Notes on any date of determination means the Securities would average of the secondary market bid quotations per $1,000 principal amount of Notes obtained by us for $5,000,000 principal amount of the Notes at approximately 3:30 p.m., New York City time, on such determination date from two independent nationally recognized securities dealers we select, which may include one or more of the initial purchasers; provided that if at least two such bids cannot reasonably be obtained by us, but one such bid can reasonably be obtained by us, this one bid will be used. If we cannot reasonably obtain at least one bid for $5,000,000 principal amount of the Notes from a nationally recognized securities dealer or, in our reasonable judgment, the bid quotations are not indicative of the secondary market value of the Notes, then, for purposes of this conversion contingency only, the trading price per $1,000 principal amount of Notes will be deemed to be less than 98% of the applicable conversion rate of the Notes multiplied by the closing sale price of our common stock on such determination date. We will determine the trading price per $1,000 principal amount of Notes. We will have no obligation to make that determination unless a holder of Notes requests that we do so and provides reasonable evidence that the then current trading price of the Notes is less than the minimum trading price threshold. If a holder provides such request, we will, within two business days thereafter, determine the trading price per $1,000 principal amount of Notes for each trading day until the minimum trading price threshold is exceeded. If we do not so obtain bids when required, the trading price per $1,000 principal amount of Notes will be deemed to be less than 98% of the product of the closing sale price of the Company’s Common Stock our common stock and the then applicable conversion rate; at which time the Company shall instruct the Trustee to determine the Trading Price of the Securities beginning on the next Trading Day and rate on each successive Trading Day until the trading price is greater than or equal to 98% of the product of the sale price of the Company’s Common Stock and the then applicable conversion rateday such failure occurs.

Conversion Upon Satisfaction of Trading Price Condition. (A) A Prior to the close of business on the Business Day immediately preceding September 15, 2019, a Holder may surrender its Securities for conversion into the Company’s Common Stock during the five Business Days immediately following Day period after any five 10 consecutive Trading-Trading Day period in which the Trading Price per $1,000 principal amount of Securities (Securities, as determined following a request by a Holder of the Securities in accordance with the procedures described below) set forth in this Section 12.01(a)(ii), for each day of that period was less than 98% of the product of the sale price Last Reported Sale Price of the Company’s Common Stock and the then applicable conversion rate (the “98% Trading Exception”); provided, however, that if, on the date of any conversion of the Securities pursuant to the 98% Trading Exception that is on or after February 15, 2019, the sale price of the Company’s Common Stock is greater than the applicable Conversion Price for the Securities, then the Holder shall receive upon conversion of the Securities, in lieu of Common Stock based on the then applicable conversion rate for the Holder’s Securities, cash, Common Stock or a combination of cash and Common Stock, at the Company’s option, with a value equal to the principal amount of the Holder’s Security plus accrued and unpaid interest, if any, as of the conversion date, which is referred to as a “principal value conversion”. (B) Rate. In connection with any conversion upon satisfaction of the condition set forth in clause (A) aboveaccordance with this Section 12.01(a)(ii), the Trustee Bid Solicitation Agent shall have no obligation to determine the Trading Price of the Securities unless requested by the Company has requested such determination, Company; and the Company shall have no obligation to make such request unless the a Holder provides the Company with reasonable evidence that the Trading Price per $1,000 principal amount of the Securities would be less than 98% of the product of the sale price Last Reported Sale Price of the Company’s Common Stock and the then applicable conversion rate; at which time Conversion Rate. Promptly after receiving such evidence, the Company shall instruct the Trustee Bid Solicitation Agent to determine the Trading Price of the Securities beginning on the next Trading Day and on each successive Trading Day until the trading price Trading Price per $1,000 principal amount of Securities is greater than or equal to 98% of the product of the sale price Last Reported Sale Price of the Company’s Common Stock and the applicable Conversion Rate. If the Company does not instruct the Bid Solicitation Agent to determine the Trading Price of the Securities when obligated as provided in the preceding sentence, or if the Company gives such instruction to the Bid Solicitation Agent, and the Bid Solicitation Agent fails to make such determination, then the Trading Price per $1,000 principal amount of Securities shall be deemed to be less than 98% of the product of the Last Reported Sale Price of the Common Stock and the applicable conversion rateConversion Rate on each Trading Day of such failure. If the Trading Price condition set forth above has been met, the Company shall so notify the Holders, the Trustee and the Conversion Agent (if other than the Trustee). If, at any time after the Trading Price condition set forth above has been met, the Trading Price per $1,000 principal amount of Securities is greater than 98% of the product of the Last Reported Sale Price of the Common Stock and the applicable Conversion Rate, the Company shall so notify the Holders of the Securities, the Trustee and the Conversion Agent (if other than the Trustee).

Conversion Upon Satisfaction of Trading Price Condition. (A) A Holder The Notes may surrender its Securities be surrendered for conversion into the Company’s cash or cash and shares of Common Stock (if applicable) during the five consecutive Business Days immediately following after any five consecutive Trading-Trading Day period (such five consecutive Trading Day period, the “Note Measurement Period”) in which the Trading Price per $1,000 principal amount of Securities the Notes for each such Trading Day was equal to or less than ninety eight percent (as determined following a request by a Holder 98%) of the Securities in accordance with Conversion Value for such Trading Day during the procedures described below) for each day of that period was less than 98% of the product of the sale price of the Company’s Common Stock and the then applicable conversion rate Note Measurement Period (such condition, the “98% Trading ExceptionPrice Condition”); provided, however, that if, on the date of . The Bid Solicitation Agent shall not have any conversion of the Securities pursuant to the 98% Trading Exception that is on or after February 15, 2019, the sale price of the Company’s Common Stock is greater than the applicable Conversion Price for the Securities, then the Holder shall receive upon conversion of the Securities, in lieu of Common Stock based on the then applicable conversion rate for the Holder’s Securities, cash, Common Stock or a combination of cash and Common Stock, at the Company’s option, with a value equal to the principal amount of the Holder’s Security plus accrued and unpaid interest, if any, as of the conversion date, which is referred to as a “principal value conversion”. (B) In connection with any conversion upon satisfaction of the condition set forth in clause (A) above, the Trustee shall have no obligation to determine the Trading Price of the Securities unless the Company has requested such determination, and the Company shall have no obligation to make such request unless the a Holder provides the Company with reasonable written evidence that the Trading Price per $1,000 principal amount of the Securities Notes would be equal to or less than ninety eight percent (98%) of the Conversion Value. Upon receipt of such evidence, the Company shall instruct the Bid Solicitation Agent to determine the Trading Price per $1,000 principal amount of the Notes on the next Trading Day immediately after the Company receives such written evidence and on each Trading Day thereafter until the first Trading Day on which the Trading Price Condition is no longer satisfied. If the Company does not so instruct the Bid Solicitation Agent after a Holder provides the Company with reasonable written evidence that the Trading Price per $1,000 principal amount of Notes would be equal to or less than 98% of the product of the Closing Sale Price per share of Common Stock and the Conversion Rate, the Trading Price per $1,000 principal amount of Notes shall be deemed to be less than 98% of the product of the sale price Closing Sale Price per share of the Company’s Common Stock and the then applicable conversion rate; at which time Conversion Rate in effect on that Trading Day on each Trading Day that the Company shall instruct fails to do so. For purposes of this paragraph, the Trustee to determine the Trading Price “Conversion Value” per $1,000 principal amount of the Securities beginning Notes on the next a given Trading Day and on each successive Trading Day until the trading price is greater than or equal to 98% of means the product of the sale price Closing Sale Price of the Company’s Common Stock on such Trading Day and the then applicable conversion rateConversion Rate in effect on such Trading Day.

Conversion Upon Satisfaction of Trading Price Condition. (A) A Holder Prior to the Close of Business on the Business Day immediately preceding January 1, 2016, Holders may surrender its Securities their Notes for conversion into the Company’s Common Stock during the five Business Days Day period immediately following any five ten consecutive Trading-Trading Day period in which which, for each Trading Day of such ten consecutive Trading Day period, the Trading Price per $1,000 principal amount of Securities (the Notes on such Trading Day, as determined following a request by a Holder of the Securities Notes, in accordance with the procedures described below) for each day of that period , was less than 98% of the product of the sale price of the Company’s Common Stock and the then applicable conversion rate (the “98% Trading Exception”); provided, however, that if, on the date of any conversion of the Securities pursuant to the 98% Trading Exception that is on or after February 15, 2019, the sale price of the Company’s Common Stock is greater than the applicable Conversion Last Reported Sale Price for the Securities, then the Holder shall receive upon conversion of the Securities, in lieu of Common Stock based on such Trading Day and the then applicable conversion rate for the Holder’s Securities, cash, Common Stock or a combination of cash and Common Stock, at the Company’s option, with a value equal to the principal amount of the Holder’s Security plus accrued and unpaid interest, if any, as of the conversion date, which is referred to as a “principal value conversion”. Conversion Rate on such Trading Day (B) In connection with any conversion upon satisfaction of the condition set forth in clause (A) abovesuch condition, the “Trading Price Condition”). The Trustee shall have no obligation to determine the Trading Price of the Securities Notes unless the Company has shall have requested such determination, and the Company shall have no obligation to make such request unless a Holder of the Holder Notes provides the Company with reasonable evidence that the Trading Price per $1,000 principal amount of the Securities Notes at such time would be less than 98% of the product of the sale price Last Reported Sale Price of the Company’s Common Stock and the then applicable conversion rate; at which time Conversion Rate. Promptly (but in no event later than two Business Days) after receiving such evidence, the Company shall instruct the Trustee (or other Person appointed by the Company to solicit bids) to determine the Trading Price of the Securities Notes beginning on the next Trading Day after the Company shall have delivered such instructions and on each successive Trading Day until the trading price Trading Price per $1,000 principal amount of the Notes is greater than or equal to 98% of the product of the sale price Last Reported Sale Price of the Company’s Common Stock and the then applicable conversion rateConversion Rate. If the Company does not so instruct the Trustee or another Person to solicit bids when required, the Trading Price per $1,000 principal amount of the Notes shall be deemed to be less than 98% of the product of the Last Reported Sale Price of Common Stock and the Conversion Rate on each day the Company fails to do so. If the Trading Price Condition has been met, the Company shall so notify the Holders and the Trustee. At any time after the Trading Price Condition has been met, the Company shall notify the Holders and the Trustee on the first Trading Day on which the Trading Price per $1,000 principal amount of the Notes is greater than 98% of the product of the Last Reported Sale Price of Common Stock on such Trading Day and the Conversion Rate on such Trading Day. Neither the Trustee nor other Person appointed to solicits bids will have liability for the bids it receives or for its non-negligent failure to obtain bids.

Conversion Upon Satisfaction of Trading Price Condition. (A) A Holder Subject to earlier Redemption, Purchase at Holder's Option or Repurchase Upon Fundamental Change, Holders may surrender its Securities in integral multiples of $1,000 principal amount for conversion into into, at the Company’s Common Stock 's election, cash, ADSs or a combination thereof, during the five (5) consecutive Business Days immediately following after any five (5) consecutive Trading-Trading Day period (such five (5) consecutive Trading Day period, the "NOTE MEASUREMENT PERIOD") in which the average Trading Price per $1,000 principal amount of the Securities was equal to or less than ninety-seven percent (97%) of the average Conversion Value (as determined following a request by a Holder of the Securities in accordance with the procedures described defined below) for each day of that period was less than 98% of during the product of the sale price of the Company’s Common Stock and the then applicable conversion rate Note Measurement Period (the “98% Trading Exception”); provided, however, that if, on the date of any conversion of the Securities pursuant to the 98% Trading Exception that is on or after February 15, 2019such condition, the sale price of the Company’s Common Stock is greater than the applicable Conversion Price for the Securities, then the Holder "TRADING PRICE CONDITION"). The Bid Solicitation Agent shall receive upon conversion of the Securities, in lieu of Common Stock based on the then applicable conversion rate for the Holder’s Securities, cash, Common Stock or a combination of cash and Common Stock, at the Company’s option, with a value equal to the principal amount of the Holder’s Security plus accrued and unpaid interest, if any, as of the conversion date, which is referred to as a “principal value conversion”. (B) In connection with not have any conversion upon satisfaction of the condition set forth in clause (A) above, the Trustee shall have no obligation to determine the Trading Price of the Securities unless the Company has requested such determinationdetermination in writing, and the Company shall have no obligation to make such request unless the a Holder provides the Company with reasonable evidence that the Trading Price per $1,000 principal amount of the Securities would be equal to or less than 98% ninety-seven percent (97%) of the product of the sale price of the Company’s Common Stock Closing Sale Price and the then applicable conversion rate; at which time Conversion Rate. Upon receipt of such evidence, the Company shall instruct the Trustee Bid Solicitation Agent in writing to determine the Trading Price per $1,000 principal amount of the Securities beginning on for each of the next five (5) successive Trading Day Days immediately after the Company receives such evidence and on each successive Trading Day thereafter until the trading price first Trading Day on which the Trading Price Condition is greater than or equal to 98% no longer satisfied. For purposes of this paragraph, the "CONVERSION VALUE" per $1,000 principal amount of Securities, on a given Trading Day, means the product of the sale price Closing Sale Price on such Trading Day and the Conversion Rate in effect on such Trading Day. Conversion Based on Redemption. A Security, or portion of a Security, which has been called for Redemption pursuant to PARAGRAPH 6 may be surrendered in integral multiples of $1,000 principal amount for conversion into, at the Company’s Common Stock and 's election, cash, ADSs or a combination thereof; provided, however, that such Security or portion thereof may be surrendered for conversion pursuant to this paragraph only until the then applicable conversion rateclose of business on the third (3rd) Business Day immediately preceding the Redemption Date.

Conversion Upon Satisfaction of Trading Price Condition. (A) A Holder Prior to the close of business on the business day immediately preceding January 1, 2020, a holder may surrender all or any portion of its Securities notes for conversion into the Company’s Common Stock at any time during the five Business Days immediately following business day period after any five consecutive Trading-Day trading day period (the “measurement period”) in which the Trading Price “trading price” per $1,000 principal amount of Securities (notes, as determined following a request by a Holder of the Securities holder in accordance with the procedures described below) , for each trading day of that the measurement period was less than 98% of the product of the last reported sale price of the Company’s Common Stock our common stock and the then applicable conversion rate (the on each such trading day. The “98% Trading Exception”); provided, however, that if, on the date of any conversion of the Securities pursuant to the 98% Trading Exception that is on or after February 15, 2019, the sale price of the Company’s Common Stock is greater than the applicable Conversion Price for the Securities, then the Holder shall receive upon conversion of the Securities, in lieu of Common Stock based on the then applicable conversion rate for the Holder’s Securities, cash, Common Stock or a combination of cash and Common Stock, at the Company’s option, with a value equal to the trading price” per $1,000 principal amount of the Holder’s Security plus accrued and unpaid interest, if any, as notes on any date of determination means the average of the conversion datesecondary market bid quotations obtained by the bid solicitation agent for $2.0 million principal amount of notes at approximately 3:30 p.m., which is referred to as a “principal value conversion”. (B) In connection with any conversion upon satisfaction New York City time, on such determination date from three independent nationally recognized securities dealers we select for this purpose; provided that if three such bids cannot reasonably be obtained by the bid solicitation agent but two such bids are obtained, then the average of the condition set forth two bids shall be used, and if only one such bid can reasonably be obtained by the bid solicitation agent, that one bid shall be used. If the bid solicitation agent cannot reasonably obtain at least one bid for $2.0 million principal amount of notes from a nationally recognized securities dealer, then the trading price per $1,000 principal amount of notes will be deemed to be less than 98% of the product of the last reported sale price of our common stock and the conversion rate. If (x) we are not acting as bid solicitation agent, and we do not, when we are required to, instruct the bid solicitation agent in clause writing to obtain bids, or if we give such written instruction to the bid solicitation agent, and the bid solicitation agent fails to make such solicitation, or (Ay) abovewe are acting as bid solicitation agent and we fail to make such solicitation, then, in either case, the Trustee trading price per $1,000 principal amount of notes will be deemed to be less than 98% of the product of the last reported sale price of our common stock and the conversion rate on each trading day of such failure. The bid solicitation agent (if other than us) shall have no obligation to determine the Trading Price of the Securities solicit bids unless the Company has we have requested such determination, solicitation in writing; and the Company shall we will have no obligation to make such request (or, if we are acting as bid solicitation agent, we shall have no obligation to solicit bids) unless the Holder a holder of at least $1.0 million aggregate principal amount of notes provides the Company us with reasonable evidence that the Trading Price trading price per $1,000 principal amount of the Securities notes would be less than 98% of the product of the last reported sale price of the Company’s Common Stock our common stock and the then applicable conversion rate; at which time the Company shall . At such time, we will instruct the Trustee bid solicitation agent (if other than us) to determine the Trading Price of the Securities solicit, or if we are acting as bid solicitation agent, we shall solicit, such bids beginning on the next Trading Day trading day and on each successive Trading Day trading day until the trading price per $1,000 principal amount of notes is greater than or equal to 98% of the product of the last reported sale price of the Company’s Common Stock our common stock and the then applicable conversion rate. We will determine the trading price based on the bids we receive from the bid solicitation agent. If the trading price condition has been met and the notes are convertible, we will so notify the holders, the trustee and the conversion agent (if other than the trustee) in writing. If, at any time after the trading price condition has been met, the trading price per $1,000 principal amount of notes is greater than or equal to 98% of the product of the last reported sale price of our common stock and the conversion rate for such date, we will so notify the holders, the trustee and the conversion agent (if other than the trustee) in writing. We will initially act as the bid solicitation agent.

Conversion Upon Satisfaction of Trading Price Condition. (A) A Prior to the Close of Business on the Business Day immediately preceding April 15, 2022, a Holder may surrender convert its Securities for conversion into the Company’s Common Stock Notes during the five (5) consecutive Business Days Day period immediately following after any five (5) consecutive Trading-Trading Day period (the five consecutive Trading Day period, the “Measurement Period”), in which the Trading Price per $1,000 principal amount of Securities (the Notes, as determined following a request by a Holder of the Securities in accordance with the procedures described set forth below) , for each day Trading Day of that period the Measurement Period was less than ninety eight percent (98% %) of the product of the sale price Last Reported Sale Price of the Company’s Common Stock and the then applicable conversion rate (the “98% Conversion Rate on such Trading Exception”); provided, however, that if, on the date of any conversion of the Securities pursuant to the 98% Trading Exception that is on or after February 15, 2019, the sale price of the Company’s Common Stock is greater than the applicable Conversion Price for the Securities, then the Holder shall receive upon conversion of the Securities, in lieu of Common Stock based on the then applicable conversion rate for the Holder’s Securities, cash, Common Stock or a combination of cash and Common Stock, at the Company’s option, with a value equal to the principal amount of the Holder’s Security plus accrued and unpaid interest, if any, as of the conversion date, which is referred to as a “principal value conversion”. (B) In connection with any conversion upon satisfaction of the Day. The condition set forth in clause the preceding sentence is herein referred to as the “Trading Price Condition.” The Trading Price shall be determined by the Bid Solicitation Agent pursuant to this ‎Section 10.01(b)(ii) and the definition of Trading Price set forth herein. The Bid Solicitation Agent (Aif other than the Company) above, the Trustee shall have no obligation to determine the Trading Price per $1,000 principal amount of the Securities Notes unless the Company has requested such determinationdetermination in writing, and the Company shall will have no obligation to make such request (or seek bids itself) unless the a Holder of at least $1.0 million aggregate principal amount of Notes provides the Company with reasonable evidence that the Trading Price per $1,000 principal amount of the Securities Notes would be less than ninety eight percent (98% %) of the product of the sale price Last Reported Sale Price of the Company’s Common Stock and the then applicable conversion rate; at which time Conversion Rate. At such time, the Company shall, or shall instruct the Trustee to Bid Solicitation Agent to, determine the Trading Price per $1,000 principal amount of the Securities Notes beginning on the next Trading Day and on each successive Trading Day until the trading price Trading Price per $1,000 principal amount of the Notes is greater than or equal to ninety eight percent (98% %) of the product of the sale price Last Reported Sale Price of the Company’s Common Stock and the then applicable conversion rateConversion Rate. If the Trading Price Condition has been met, the Company will so notify the Holders, the Trustee and the Conversion Agent (if other than the Trustee) in writing. If, on any Trading Day after the Trading Price Condition has been met, the Trading Price per $1,000 principal amount of Notes is greater than or equal to ninety eight percent (98%) of the product of the Last Reported Sale Price of the Common Stock and the Conversion Rate for such Trading Day, the Company will so notify the Holders, the Trustee and the Conversion Agent (if other than the Trustee) in writing.

Conversion Upon Satisfaction of Trading Price Condition. (A) A Prior to October 1, 2017, a Holder may surrender its Securities Notes for conversion into the Company’s Common Stock during the five Business Days immediately following any five consecutive Trading-Day period after any 10 consecutive Trading Day period (the “Measurement Period”) in which the Trading Price per $1,000 principal amount Original Principal Amount of Securities (Notes, as determined following a request by a Holder of the Securities in accordance with the procedures described below) set forth in this Section 11.01(a)(ii), for each day Trading Day of that period the Measurement Period was less than 9897% of the product of the sale price Last Reported Sale Price of the Company’s Common Stock and the then applicable conversion rate (the “98% Conversion Rate for such Trading Exception”); provided, however, that if, on the date of any conversion of the Securities pursuant to the 98% Trading Exception that is on or after February 15, 2019, the sale price of the Company’s Common Stock is greater than the applicable Conversion Price for the Securities, then the Holder shall receive upon conversion of the Securities, in lieu of Common Stock based on the then applicable conversion rate for the Holder’s Securities, cash, Common Stock or a combination of cash and Common Stock, at the Company’s option, with a value equal to the principal amount of the Holder’s Security plus accrued and unpaid interest, if any, as of the conversion date, which is referred to as a “principal value conversion”. (B) Day. In connection with any conversion upon satisfaction of the condition set forth in clause (A) aboveaccordance with this Section 11.01(a)(ii), the Trustee Bid Solicitation Agent shall have no obligation to determine the Trading Price of the Securities Notes unless requested by the Company has requested such determination, Company; and the Company shall have no obligation to make such request unless the a Holder provides the Company with reasonable evidence that the Trading Price per $1,000 principal amount Original Principal Amount of the Securities Notes would be less than 9897% of the product of the sale price Last Reported Sale Price of the Company’s Common Stock and the then applicable conversion rate; at which time Conversion Rate. Promptly after receiving such evidence, the Company shall instruct the Trustee Bid Solicitation Agent to determine the Trading Price of the Securities Notes beginning on the next Trading Day and on each successive Trading Day until the trading price Trading Price per $1,000 Original Principal Amount of Notes for any Trading Day is greater than or equal to 9897% of the product of the sale price Last Reported Sale Price of the Company’s Common Stock and the Conversion Rate. If, upon presentation of such reasonable evidence by the Holder, the Bid Solicitation Agent does not make such determination, then applicable conversion ratethe Trading Price per $1,000 Original Principal Amount of Notes shall be deemed to be less than 97% of the product of the Last Reported Sale Price of the Common Stock and the Conversion Rate. If pursuant to the foregoing paragraph the Trading Price per $1,000 Original Principal Amount of Notes is less than 97% of the product of the Last Reported Sale Price of the Common Stock and the Conversion Rate then the Company shall as promptly as practicable so notify the Holders in accordance with Section 106 of the Base Indenture. If, at any time after the Trading Price per $1,000 Original Principal Amount of Notes is less than 97% of the product of the Last Reported Sale Price of the Common Stock and the Conversion Rate, the Trading Price per $1,000 Original Principal Amount of Notes is greater than 97% of the product of the Last Reported Sale Price of the Common Stock and the Conversion Rate then the Company shall as promptly as practicable so notify Holders in accordance with Section 106 of the Base Indenture.