Common use of Form, Dating and Terms Clause in Contracts

Form, Dating and Terms. (a) The Notes shall be known and designated as 3.75% Convertible Senior Notes due 2018. Pursuant to the provisions of Article 6, the Notes shall be convertible into cash, Common Stock or a combination thereof, as applicable. Subject to the terms of this Indenture the Company may, at its option, without consent from the Holders, issue Additional Notes from time to time in the future with the same terms and the same CUSIP number as the Initial Notes offered in an unlimited principal amount; provided that if such Additional Notes are not fungible with the Initial Notes for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP number. For all purposes under this Indenture, the term “Notes” shall include the Initial Notes and any such Additional Notes issued after the date of this Indenture.

Form, Dating and Terms. (a) The Notes shall be known and designated as 3.754.0% Convertible Senior Notes due 20182015. Pursuant to the provisions of Article 6VI, the Notes shall be convertible into cash, Common Stock or a combination thereof, as applicableStock. Subject to the terms of this Indenture the Company may, at its option, without consent from the Holders, issue Additional Notes from time to time in the future with the same terms and the same CUSIP number as the Initial Notes offered in an unlimited principal amount; provided that if such Additional Notes are not fungible with must be part of the same issue as the Initial Notes for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP number. For all purposes under this Indenture, the term “Notes” shall include the Initial Notes and any such Additional Notes issued after the date of this Indenture.

Form, Dating and Terms. (a) The Notes shall be known and designated as 3.75% Convertible Senior Notes due 2018. Pursuant to the provisions of Article 6VI, the Notes shall be convertible into cash, Common Stock or a combination thereof, as applicableStock. Subject to the terms of this Indenture the Company may, at its option, without consent from the Holders, issue Additional Notes from time to time in the future with the same terms and the same CUSIP number as the Initial Notes offered in an unlimited principal amount; provided that if such Additional Notes are not fungible with must be part of the same issue as the Initial Notes for U.S. federal income tax purposes, such Additional Notes will have a separate CUSIP number. For all purposes under this Indenture, the term “Notes” shall include the Initial Notes and any such Additional Notes issued after the date of this Indenture.