Common use of Convertible Senior Notes Clause in Contracts

Convertible Senior Notes. (a) The Borrower shall not, nor shall it permit any of its Subsidiaries to, amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to the Convertible Senior Notes or the Indenture (i) which shortens the fixed maturity, or increases the rate or shortens the time of payment of interest on, or increases the amount or shortens the time of payment of any principal or premium payable whether at maturity, at a date fixed for prepayment, by acceleration, by mandatory redemption, repayment, prepayment, or defeasance for cash or otherwise of such Convertible Senior Notes, or increases the amount of, or accelerates the time of payment of, any fees payable in connection therewith; (ii) which relates to the affirmative or negative covenants, events of default or remedies under the documents or instruments evidencing such Debt and the effect of which is to subject the Borrower or any of its Subsidiaries, to any provisions that are more onerous or more restrictive provisions than those set forth in this Agreement; or (iii) which otherwise adversely affects the interests of the Secured Parties as senior creditors or the interests of any of the Secured Parties under this Agreement or any other Credit Documents in any material respect. (b) The Borrower shall not, nor shall it permit any of its Subsidiaries to, make or offer to make any optional or voluntary repurchase, redemption, prepayment, repayment, defeasance or any other acquisition or retirement for value (or the segregation of funds with respect to any of the foregoing) (whether in whole or in part) of any of the Convertible Senior Notes.

Convertible Senior Notes. (a) The Borrower shall will not, nor shall it permit any after the initial issuance of its Subsidiaries tothe Convertible Senior Notes, amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to the Convertible Senior Notes or the Indenture (i) which shortens the fixed maturity, or increases the rate or shortens the time of payment of interest on, or increases the amount or shortens the time of payment of any principal or premium payable whether at maturity, at a date fixed for prepayment, by acceleration, by mandatory redemption, repayment, prepayment, or defeasance for cash or otherwise of such Convertible Senior Notes, or increases the amount of, or accelerates the time of payment of, any fees payable in connection therewith; (ii) which relates to the affirmative or negative covenants, events of default or remedies under the documents or instruments evidencing such Debt Indebtedness and the effect of which is to subject the Borrower or any of its Subsidiaries, to any provisions that are more onerous or more restrictive provisions than those set forth in this Agreement; or (iii) which otherwise adversely affects the interests of the Secured Parties Bank as senior creditors creditor or the interests of any of the Secured Parties Bank under this Agreement or any other Credit Documents Loan Document in any material respect. (b) The Borrower shall not, nor shall it permit any of its Subsidiaries to, will not make or offer to make any optional or voluntary repurchase, redemption, prepayment, repayment, defeasance or any other acquisition or retirement for value (or the segregation of funds with respect to any of the foregoing) (whether in whole or in part) of any of the Convertible Senior Notes.the

Convertible Senior Notes. (a) The Borrower shall notMake any optional, nor shall it permit any mandatory or scheduled payments on account of its Subsidiaries toprincipal or interest (whether such payment is in form of redemption, amendpurchase, modifyretirement, waive defeasance, set-off or otherwise change, or consent or agree to any amendment, modification, waiver or other change to otherwise) in respect of the Convertible Senior Notes or the Indenture any other Debt permitted by Section 6.02(h), other than (i) scheduled or other mandatory principal payments (including repurchases upon exercise by any holder thereof of its right to require the Parent to repurchase any Senior Convertible Notes or any such other Debt), (ii) scheduled or other mandatory interest or premium payments, (iii) refinancings, extensions, renewals or replacements thereof to the extent permitted under Section 6.02, (iv) payments made solely with Equity Interests in the Parent and (v) cash payments made with respect to fractional shares or as a part of a separately negotiated inducement to the holders of Convertible Senior Notes in connection with any conversion thereof in accordance with the terms of the indenture related thereto. (b) Permit any supplement, amendment or other modification of any indenture, instrument or agreement pursuant to which shortens any Convertible Senior Notes if such waiver, supplement, modification or amendment would (i) increase the fixed maturity, maximum principal amount of such Convertible Senior Notes or increases the ordinary interest rate or shortens the time of payment of default interest on, or increases the amount or shortens the time of payment of any principal or premium payable whether at maturity, at a date fixed for prepayment, by acceleration, by mandatory redemption, repayment, prepayment, or defeasance for cash or otherwise of rate on such Convertible Senior Notes, or increases the amount of, or accelerates the time of payment of, any fees payable in connection therewith; (ii) accelerate the dates upon which relates to the affirmative payments of principal or negative covenantsinterest are due on any Convertible Senior Notes, events (iii) change any event of default or remedies under add any covenant with respect to the documents Convertible Senior Notes, (iv) change the payment, redemption or instruments evidencing such Debt and prepayment provisions of the effect of which is to subject the Borrower or any of its Subsidiaries, to any provisions that are more onerous or more restrictive provisions than those set forth in this Agreement; Convertible Senior Notes or (iiiv) which otherwise adversely affects change or amend any other term in a manner that materially increases the obligations of the obligors thereunder or confers additional material rights on the holder of such Convertible Senior Notes and that, in each case, is materially adverse to the interests of the Secured Parties as senior creditors or the interests of any of the Secured Parties under this Agreement or any other Credit Documents in any material respectLenders. (b) The Borrower shall not, nor shall it permit any of its Subsidiaries to, make or offer to make any optional or voluntary repurchase, redemption, prepayment, repayment, defeasance or any other acquisition or retirement for value (or the segregation of funds with respect to any of the foregoing) (whether in whole or in part) of any of the Convertible Senior Notes.

Convertible Senior Notes. (a) The Borrower shall not, nor shall it permit any of its Subsidiaries to, amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to the 2008 or 2010 Convertible Senior Notes or the 2008 or 2010 Indenture (i) which shortens the fixed maturity, or increases the rate or shortens the time of payment of interest on, or increases the amount or shortens the time of payment of any principal or premium payable whether at maturity, at a date fixed for prepayment, by acceleration, by mandatory redemption, repayment, prepayment, or defeasance for cash or otherwise of such 2008 or 2010 Convertible Senior Notes, or increases the amount of, or accelerates the time of payment of, any fees payable in connection therewith; (ii) which relates to the affirmative or negative covenants, events of default or remedies under the documents or instruments evidencing such Debt and the effect of which is to subject the Borrower or any of its Subsidiaries, to any provisions that are more onerous or more restrictive provisions than those set forth in this Agreement; or (iii) which otherwise adversely affects the interests of the Secured Parties as senior creditors or the interests of any of the Secured Parties under this Agreement or any other Credit Documents in any material respect. (b) The Borrower shall not, nor shall it permit any of its Subsidiaries to, make or offer to make any optional or voluntary repurchase, redemption, prepayment, repayment, defeasance or any other acquisition or retirement for value (or the segregation of funds with respect to any of the foregoing) (whether in whole or in part) of any of the 2008 or 2010 Convertible Senior Notes; provided that, the Borrower may voluntarily convert the 2008 or 2010 Convertible Senior Notes into common stock of the Borrower so long as neither the Borrower nor any of its Subsidiaries may pay or otherwise provide any consideration (cash or otherwise) to the holders of such converted 2008 or 2010 Convertible Senior Notes in connection with, or related to, such conversion other than the shares of common stock of the Borrower.