Common use of Coupon Make Whole Payment in Connection with a Voluntary Conversion Clause in Contracts

Coupon Make Whole Payment in Connection with a Voluntary Conversion. If a Holder hereof elects to convert some or all of its Securities on or prior to January 15, 2015, such Holder will receive a Coupon Make Whole Payment for the Securities being converted equal to the aggregate amount of interest payments that would have been payable on such converted Securities from the last day through which interest was paid on the Securities, or the issue date if no interest has been paid, to and including January 15, 2015, paid in shares of Common Stock valued pursuant to the Trailing Pricing Mechanism, or, at the Company’s option, in cash, subject to 11 Trading Days having elapsed following notice of any election to pay in cash or, following any such cash election, notice of any election to pay in shares of Common Stock, as described in and subject to certain exceptions set forth in the Indenture. The Company may only make this Coupon Make Whole Payment in cash after the 2015 Notes are no longer outstanding. Conversion at the Option of the Company. At any time on or prior to the Maturity Date, the Company may elect to convert some or all of the Securities if the Last Reported Sale Price of the Common Stock is greater than or equal to the Trigger Price for at least 20 Trading Days during any 30 consecutive Trading Day period ending within five Trading Days prior to the date of the Company Conversion Notice.

Coupon Make Whole Payment in Connection with a Voluntary Conversion. If a Holder hereof elects to convert some or all of its Securities on or prior to January 15, 2015, such Holder will receive a Coupon Make Whole Payment for the Securities being converted equal to the aggregate amount of interest payments that would have been payable on such converted Securities from the last day through which interest was paid on the Securities, or the issue date if no interest has been paid, to and including January 15, 2015, paid in shares of Common Stock valued pursuant to the Trailing Pricing Mechanism, or, at the Company’s option, in cash, subject to 11 Trading Days having elapsed following notice of any election to pay in cash or, following any such cash election, notice of any election to pay in shares of Common Stock, as described in and subject to certain exceptions set forth in the Indenture. [The Company may only make this Coupon Make Whole Payment in cash after the 2015 Notes are no longer outstanding. outstanding.]6 Conversion at the Option of the Company. At any time on or prior to the Maturity Date, the Company may elect to convert some or all of the Securities if the Last Reported Sale Price of the Common Stock is greater than or equal to the Trigger Price for at least 20 Trading Days during any 30 consecutive Trading Day period ending within five Trading Days prior to the date of the Company Conversion Notice.

Coupon Make Whole Payment in Connection with a Voluntary Conversion. If a Holder hereof elects to convert some or all of its Securities on or prior to January April 15, 2015, such Holder will receive a Coupon Make Whole Payment for the Securities being converted equal to the aggregate amount of interest payments that would have been payable on such converted Securities from the last day through which interest was paid on the Securities, or the issue date if no interest has been paid, to and including January April 15, 2015, paid in shares of Common Stock valued pursuant to the Trailing Pricing Mechanism, or, at the Company’s option, in cash, subject to 11 Trading Days having elapsed following notice of any election to pay in cash or, following any such cash election, notice of any election to pay in shares of Common Stock, as described in and subject to certain exceptions set forth in the Indenture. The Company may only make this Coupon Make Whole Payment 4 NTD: Initial Conversion Rate and Conversion Price to be determined as specified in cash after the 2015 Notes are no longer outstandingDescription of New 7.5% Notes. Conversion at the Option of the Company. At any time on or prior to the Maturity Date, the Company may many elect to convert some or all of the Securities if the Last Reported Sale Price of the Common Stock is greater than or equal to 150% of the Trigger Applicable Conversion Price for at least 20 Trading Days during any 30 consecutive Trading Day period ending within five Trading Days prior to the date of the Company Conversion Notice.

Coupon Make Whole Payment in Connection with a Voluntary Conversion. If a Holder hereof elects to convert some or all of its Securities on or prior to January 15, 2015, such Holder will receive a Coupon Make Whole Payment for the Securities being converted equal to the aggregate amount of interest payments that would have been payable on such converted Securities from the last day through which interest was paid on the Securities, or the issue date if no interest has been paid, to and including January 15, 2015, paid in shares of Common Stock valued pursuant to the Trailing Pricing Mechanism, or, at the Company’s option, in cash, subject to 11 Trading Days having elapsed following notice of any election to pay in cash or, following any such cash election, notice of any election to pay in shares of Common Stock, as described in and subject to certain exceptions set forth in the Indenture. [The Company may only make this Coupon Make Whole Payment in cash after the 2015 Notes are no longer outstanding. outstanding.]6 Conversion at the Option of the Company. At any time on or prior to the Maturity Date, the Company may many elect to convert some or all of the Securities if the Last Reported Sale Price of the Common Stock is greater than or equal to the Trigger Price for at least 20 Trading Days during any 30 consecutive Trading Day period ending within five Trading Days prior to the date of the Company Conversion Notice.

Coupon Make Whole Payment in Connection with a Voluntary Conversion. If a Holder hereof elects to convert some or all of its Securities on or prior to January 15, 2015, such Holder will receive a Coupon Make Whole Payment for the Securities being converted equal to the aggregate amount of interest payments that would have been payable on such converted Securities from the last day through which interest was paid on the Securities, or the issue date if no interest has been paid, to and including January 15, 2015, paid in shares of Common Stock valued pursuant to the Trailing Pricing Mechanism, or, at the Company’s option, in cash, subject to 11 Trading Days having elapsed following notice of any election to pay in cash or, following any such cash election, notice of any election to pay in shares of Common Stock, as described in and subject to certain exceptions set forth in the Indenture. The Company may only make this Coupon Make Whole Payment in cash after the 2015 Notes and the 2017 Notes are no longer outstanding. Conversion at the Option of the Company. At any time on or prior to the Maturity Date, the Company may elect to convert some or all of the Securities if the Last Reported Sale Price of the Common Stock is greater than or equal to the Trigger Price for at least 20 Trading Days during any 30 consecutive Trading Day period ending within five Trading Days prior to the date of the Company Conversion Notice.