Increased Conversion Rate Applicable to Certain Notes Surrendered in Connection with Make. Whole Fundamental Changes or during a Redemption Period 84 Section 13.04. Other Conversion Rate Adjustments 85 Section 13.05. Adjustments of Prices 93 Section 13.06. Effect of Recapitalizations, Reclassifications and Changes of the Common Shares 93 Section 13.07. Responsibility of Trustee 95 Section 13.08. Notice to Holders Prior to Certain Actions 96 Section 13.09. Shareholder Rights Plan 96 Section 13.10. Ineligible Consideration 96 Article 14 Repurchase of Notes at Option of Holders
Increased Conversion Rate Applicable to Certain Notes Surrendered in Connection with Make. Whole Fundamental Changes or Called Notes During a Redemption Period 79 Section 14.04. Adjustment of Conversion Rate 81 Section 14.05. Adjustments of Prices 90 Section 14.06. Shares to Be Fully Paid 91 Section 14.07. Effect of Recapitalizations, Reclassifications and Changes of the Common Stock 91 Section 14.08. Certain Covenants 93 Section 14.09. Responsibility of Trustee 93 Section 14.10. Notice to Holders Prior to Certain Actions 94 Section 14.11. Stockholder Rights Plans 94 Section 14.12. Exchange In Lieu Of Conversion 95 ARTICLE 15 REPURCHASE OF NOTES AT OPTION OF HOLDERS Section 15.01. Intentionally Omitted 95 Section 15.02. Repurchase at Option of Holders Upon a Fundamental Change or Change in Control Transaction 95 Section 15.03. Withdrawal of Fundamental Change Repurchase Notice 98 Section 15.04. Deposit of Fundamental Change Repurchase Price 99 Section 15.05. Covenant to Comply with Applicable Laws Upon Repurchase of Notes 99
Increased Conversion Rate Applicable to Certain Notes Surrendered in Connection with Make. Whole Fundamental Changes or Called Notes During a Redemption Period 66 Section 14.04. Adjustment of Conversion Rate 68 Section 14.05. Adjustments of Prices 78 Section 14.06. Shares to Be Fully Paid 78 Section 14.07. Effect of Recapitalizations, Reclassifications and Changes of the Common Stock 78 Section 14.08. Certain Covenants 80 Section 14.09. Responsibility of Trustee 80 Section 14.10. Notice to Holders Prior to Certain Actions 81 Section 14.11. Stockholder Rights Plans 82 Section 14.12. Exchange In Lieu Of Conversion 82 ARTICLE 15 REPURCHASE OF NOTES AT OPTION OF HOLDERS
Increased Conversion Rate Applicable to Certain Notes Surrendered in Connection with Make. Whole Fundamental Changes. (a) If a Make-Whole Fundamental Change occurs or becomes effective prior to the Maturity Date and a Holder elects to convert its Notes in connection with such Make-Whole Fundamental Change, the Company shall, under the circumstances described below, increase the Conversion Rate for the Notes so surrendered for conversion by a number of additional shares of Common Stock (the “Additional Shares”), as described below. A conversion of Notes shall be deemed for these purposes to be “in connection with” such Make-Whole Fundamental Change if the relevant Notice of Conversion is received by the Conversion Agent from, and including, the Effective Date of the Make-Whole Fundamental Change up to, and including, the Business Day immediately prior to the related Fundamental Change Repurchase Date (or, in the case of a Make-Whole Fundamental Change that would have been a Fundamental Change but for subclause (i) of the proviso in clause (b) of the definition thereof, the 35th Trading Day immediately following the Effective Date of such Make-Whole Fundamental Change).
Increased Conversion Rate Applicable to Certain Notes Surrendered in Connection with Make. Whole Fundamental Changes 38 Section 14.04. Adjustment of Conversion Rate 39 Section 14.05. Adjustments of Prices 45
Increased Conversion Rate Applicable to Certain Notes Surrendered in Connection with Make. Whole Fundamental Changes or Notice of Redemption. (a) If (x) the Effective Date of a Make-Whole Fundamental Change occurs prior to the Maturity Date or (y) the Company gives a Notice of Redemption with respect to such Notes called for Optional Redemption in accordance with Article 16 (provided that, if the Company sends a Notice of Redemption for less than all of the Notes outstanding, then the Conversion Rate will be increased as set forth herein only with respect to the Notes called for Optional Redemption that are converted in connection therewith, and not with respect to the Notes not called for Optional Redemption, so that in that circumstance, Holders of Notes not called for Optional Redemption will not be entitled to an increased Conversion Rate for such Notes as set forth in this Section 14.03 on account of the Optional Redemption; provided further that, notwithstanding the foregoing and for the avoidance of doubt, Notes (or beneficial interests in a Global Note, as applicable) that are deemed to be called for such partial Optional Redemption in the circumstances described under Section 14.01(b)(v) and are converted in connection therewith in accordance with the provisions of this Article 14 will be entitled to an increased Conversion Rate for such Notes as set forth herein on account of such deemed partial Optional Redemption) and, (b) a Holder elects to convert its Notes in connection with such Make-Whole Fundamental Change or in connection with such Notice of Redemption, as applicable, the Company shall, under the circumstances described below, increase the Conversion Rate for the Notes so surrendered for conversion by a number of additional shares of Common Stock (the “Additional Shares”), as described below. A conversion of Notes shall be deemed for these purposes to be “in connection with” such Make-Whole Fundamental Change if the relevant Notice of Conversion is received by the Conversion Agent from, and including, the Effective Date of the Make-Whole Fundamental Change up to, and including, the close of business on the Business Day immediately prior to the related Fundamental Change Repurchase Date (or, in the case of a Make-Whole Fundamental Change that would have been a Fundamental Change but for the proviso in clause (b) of the definition thereof or the Adequate Cash Conversion Provisions, the 35th Trading Day immediately following the Effective Date of such Make-Whole Fundamental Change) (such period, the “Make-Whole Fundamental Change...
Increased Conversion Rate Applicable to Certain Notes Surrendered in Connection with Make. Whole Adjustment Events 56 Section 14.04. Adjustment of Conversion Rate 57 Section 14.05. Adjustments of Prices 65 Section 14.06. Interest Make-Whole Payment 65 Section 14.07. Shares to Be Fully Paid 66
Increased Conversion Rate Applicable to Certain Notes Surrendered in Connection with Make. Whole Fundamental Changes or Called Notes During a Redemption Period 64 Section 14.04 . Adjustment of Conversion Rate 66 iii
Increased Conversion Rate Applicable to Certain Notes Surrendered in Connection with Make. Whole Fundamental Changes, a Notice of Redemption or a Permitted Make-Whole Conversion.
Increased Conversion Rate Applicable to Certain Notes Surrendered in Connection with Make. Whole Fundamental Change and Tax Redemption) for each ADS Price and Effective Date set forth below: Additional ADSs per $1,000 Note ADS Price Effective Date $ 41.67 $ 45.00 $ 50.00 $ 60.00 $ 80.00 $ 100.00 $ 125.00 $ 150.00 1-Mar-2022 3.9981 3.3209 2.5394 1.5287 0.5859 0.2191 0.0478 0.0016 1-Mar-2023 3.9981 3.3209 2.5394 1.5287 0.5631 0.1998 0.0390 0.0005 1-Mar-2024 3.9981 3.3209 2.5394 1.5287 0.5351 0.1772 0.0291 0.0000 1-Mar-2025 3.9981 3.3209 2.5394 1.4973 0.4718 0.1394 0.0161 0.0000 1-Mar-2026 3.9981 3.3209 2.5394 1.3330 0.3674 0.0899 0.0041 0.0000 1-Mar-2027 3.9981 3.2009 2.2036 1.0557 0.2391 0.0399 0.0000 0.0000 1-Mar-2028 3.9981 2.9727 1.8312 0.6835 0.0888 0.0031 0.0000 0.0000 1-Mar-2029 3.9981 2.2238 0.0016 0.0000 0.0000 0.0000 0.0000 0.0000 The exact ADS Prices and Effective Dates may not be set forth in the table above, in which case:
