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

Conversion Upon Satisfaction of Trading Price Condition. Notes may be surrendered for conversion during the five consecutive Business Day period following any ten consecutive Trading Day period in which the Trading Price per $1,000 principal amount of Notes, as determined following a request by a Holder in accordance with the procedures set forth in this Section 10.01(d), for each Trading Day of such ten Trading Day period was less than 98% of the product of the Closing Sale Price of the Company Common Stock for each Trading Day during such ten Trading Day period and the then current Conversion Rate. The Trustee shall determine the Trading Price per $1,000 principal amount of Notes upon the Company’s written request. The Company shall have no obligation to make such request unless a Holder requests that the Company do so. Once a Holder makes such a request, the Company shall instruct the Trustee in writing to determine the Trading Price per $1,000 principal amount of Notes for each Trading Day until the minimum Trading Price threshold is exceeded. If the Company does not so instruct the Trustee to obtain bids when required, or if the Trustee does not obtain bids when directed by the Company, 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 Common Stock and the applicable Conversion Rate on each Trading Day such failure occurs.

Conversion Upon Satisfaction of Trading Price Condition. Notes may be surrendered for conversion during the five consecutive Business Day period following any ten five consecutive Trading Day period in which the Trading Price per $1,000 principal amount of Notes, as determined following a request by a Holder in accordance with the procedures set forth in this Section 10.01(d), for each Trading Day of such ten five Trading Day period was less than 98% of the product of the Closing Sale Price of the Company Common Stock for each Trading Day during such ten five Trading Day period and the then current Conversion Rate. The Trustee Company shall determine the Trading Price per $1,000 principal amount of Notes upon the Company’s written requestNotes. The Company shall have no obligation to make such request determination unless and until a Holder requests that the Company do soso and provides reasonable evidence that the then current Trading Price of the Notes is less than the minimum Trading Price threshold. Once a Holder makes such a request, the Company shall instruct the Trustee in writing to shall, 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 the Company does not so instruct the Trustee to obtain bids when required, or if the Trustee does not obtain bids when directed by the Company, 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 Common Stock and the applicable Conversion Rate on each Trading Day such failure occurs.