Common use of Fractions of Shares Clause in Contracts

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Definitive Security. If more than one Definitive Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Definitive Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Definitive Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the current Closing Price Per Share (calculated in accordance with Section 1204 (6) below) at the close of business on the Conversion Date. Such cash payments shall, in the case of a conversion of Bearer Securities, be made to an address outside of the United States.

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Definitive Security. If more than one Definitive Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Definitive Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Definitive Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the current Closing Price Per Share (calculated in accordance with Section 1204 (6) below) at the close of business on the Conversion Date. Such cash payments shall, in the case of a conversion of Bearer Securities, be made to an address outside of the United States.

Fractions of Shares. No fractional shares of Common Stock Shares shall be issued upon conversion of any Definitive SecuritySecurities. If more than one Definitive Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Definitive Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock Share which would otherwise be issuable upon conversion of any Definitive Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the current Closing Current Market Price Per per Common Share (calculated in accordance with Section 1204 (612.4(8) below) at the close of business on the Conversion Dateday of conversion. Such cash payments shall, in the case of a conversion of Bearer Securities, be made to an address outside of the United StatesStates as requested in writing by such Holder.

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Definitive Security. If more than one Definitive Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Definitive Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Definitive Security or Securities (or specified portions thereof), ) the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the current Closing Price Per Share (calculated in accordance with Section 1204 (6) below) at the close of business on the Conversion Date. Such cash payments shall, in the case of a conversion of Bearer Securities, be made to an address outside of the United States.

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Definitive SecuritySecurity or Securities. If more than one Definitive Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the -162- 174 aggregate principal amount of the Definitive Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Definitive Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the current Closing Price Per Share market price per share of Common Stock (calculated in accordance with Section 1204 (612.4(8) below) at the close of business on the Conversion Dateday of conversion. Such cash payments shall, in the case of a conversion of Bearer Securities, be made to an address outside of the United States.

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Definitive Security. If more than one Definitive Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Definitive Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Definitive Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the current Closing Price Per Share (calculated in accordance with Section 1204 (6) below) at the close of business on the Conversion Date. Such cash payments shall, in the case of a conversion of Bearer Securities, be made to an address outside of the United States. Provisions comparable to this Section 1203 shall apply if the Stock Settlement Option is elected.

Fractions of Shares. No fractional shares of Common Stock shall be issued upon conversion of any Definitive SecuritySecurity or Securities. If more than one Definitive Security shall be surrendered for conversion at one time by the same Holder, the number of full shares which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Definitive Securities (or specified portions thereof) so surrendered. Instead of any fractional share of Common Stock which would otherwise be issuable upon conversion of any Definitive Security or Securities (or specified portions thereof), the Company shall calculate and pay a cash adjustment adjust- ment in respect of such fraction (calculated to the nearest 1/100th of a share) in an amount equal to the same fraction of the current Closing Price Per Share (calculated in accordance with Section 1204 (6) below) at the close of business on the Conversion Dateday of conversion. Such cash payments shall, in the case of a conversion of Bearer Securities, be made to an address outside of the United StatesStates as requested in writing by such Hoxxxx.