Common use of Exchange in Lieu of Conversion Clause in Contracts

Exchange in Lieu of Conversion. Notwithstanding anything to the contrary in this Article 7, and subject to the terms of this Section 7.12, if a Note is to be converted, the Company may elect to arrange to have such Note exchanged in lieu of conversion by a financial institution designated by the Company. To make such election, the Company must provide written notice of such election to the Holder of such Note before the Close of Business on the Business Day immediately after the Conversion Date for such Note. If the Company has made such election, then: (a) no later than the Business Day immediately after such Conversion Date, the Company must deliver such Note, together with delivery instructions for the consideration due upon such conversion, to a financial institution designated by the Company that has agreed to deliver such consideration in the manner and at the time the Company would have had to deliver the same pursuant to this Article 7; and (b) such Note will not cease to be outstanding by reason of such exchange in lieu of conversion; provided, however, that if such financial institution does not accept such Note or fails to timely deliver such consideration, then the Company will be responsible for delivering such consideration in the manner and at the time provided in this Article 7 as if the Company had not elected to make an exchange in lieu of conversion.

Exchange in Lieu of Conversion. Notwithstanding anything to the contrary in this Article ARTICLE 7, and subject to the terms of this Section 7.12, if a Note is to be converted, the Company may elect to arrange to have such Note exchanged in lieu of conversion by a financial institution designated by the Company. To make such election, the Company must provide written notice of such election to the Holder of such Note before the Close of Business on the Business Day immediately after the Conversion Date for such Note. If the Company has made such election, then: (a) no later than the Business Day immediately after such Conversion Date, the Company must deliver such Note, together with delivery instructions for the consideration due upon such conversion, to a financial institution designated by the Company that has agreed to deliver such consideration in the manner and at the time the Company would have had to deliver the same pursuant to this Article ARTICLE 7; and (b) such Note will not cease to be outstanding by reason of such exchange in lieu of conversion; provided, however, that if such financial institution does not accept such Note or fails to timely deliver such consideration, then the Company will be responsible for delivering such consideration in the manner and at the time provided in this Article ARTICLE 7 as if the Company had not elected to make an exchange in lieu of conversion.

Exchange in Lieu of Conversion. Notwithstanding anything to the contrary in this Article 75, and subject to the terms of this Section 7.125.08(D), if a Note is to be convertedsubmitted for conversion, the Company may elect to arrange to have such Note exchanged in lieu of conversion by a financial institution designated by the Company. To make such election, the Company must provide written send notice of such election to the Holder of such Note Note, the Trustee and the Conversion Agent (if other than the Trustee) before the Close of Business on the Business Day immediately after following the Conversion Date for such Note. If the Company has made such election, then: (ai) no later than the Business Day immediately after following such Conversion Date, the Company must deliver (or cause the Conversion Agent to deliver) such Note, together with delivery instructions for the consideration Conversion Consideration due upon such conversionconversion (including wire instructions, if applicable), to a financial institution designated by the Company that has agreed to deliver such consideration Conversion Consideration in the manner and at the time the Company would have had to deliver the same pursuant to this Article 7; and5; (bii) such Note will not cease to be outstanding by reason of such exchange in lieu of conversion; provided, however, that if such financial institution does not accept such Note or fails to timely deliver such considerationConversion Consideration, then the Company will be responsible for delivering such consideration Conversion Consideration in the manner and at the time provided in this Article 7 5 as if the Company had not elected to make an exchange in lieu of conversion.

Exchange in Lieu of Conversion. Notwithstanding anything to the contrary in this Article 75, and subject to the terms of this Section 7.125.08, if a Note is to be convertedsubmitted for conversion, the Company may elect to arrange to have such Note exchanged in lieu of conversion by a financial institution designated by the Company. To make such election, the Company must provide written send notice of such election to the Holder of such Note Note, the Trustee and the Conversion Agent before the Close of Business on the Business Day immediately after following the Conversion Date for such Note. If the Company has made such election, then: (aA) no later than the Business Day immediately after following such Conversion Date, the Company must deliver (or cause the Conversion Agent to deliver) such Note, together with delivery instructions for the consideration Conversion Consideration due upon such conversionconversion (including wire instructions, if applicable), to a financial institution designated by the Company that has agreed to deliver such consideration Conversion Consideration in the manner and at the time the Company would have had to deliver the same pursuant to this Article 75; and (bB) such Note will not cease to be outstanding by reason of such exchange in lieu of conversion; provided, however, that if such financial institution does not accept such Note or fails to timely deliver such considerationConversion Consideration, then the Company will be responsible for delivering such consideration Conversion Consideration in the manner and at the time provided in this Article 7 5 as if the Company had not elected to make an exchange in lieu of conversion.