Common use of No Adjustment Clause in Contracts

No Adjustment. (a) No adjustment in the Conversion Rate shall be required if Holders may participate in the transactions set forth in Section 4.06 above (to the same extent as if the Securities had been converted into shares of Common Stock immediately prior to such transactions) without converting the Securities held by such Holders. (b) No adjustment in the Conversion Rate shall be required unless such adjustment would require an increase or decrease of at least 1% in the Conversion Rate as last adjusted; provided, however, that any adjustments which would be required to be made but for this Section 4.07(b) shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 4 shall be made to the nearest cent or to the nearest one ten thousandth of a share, as the case may be, with one half cent and 0.00005 of a share, respectively, being rounded upward. (c) No adjustment in the Conversion Rate shall be required for issuances of Common Stock pursuant to a Company plan for reinvestment of dividends or interest or for a change in the par value or a change to no par value of the Common Stock. (d) To the extent that the Securities become convertible into the right to receive cash, no adjustment need be made thereafter as to the cash. (e) No adjustment in the Conversion Rate shall be required with respect to accrued and unpaid interest on the Securities. (f) Except as otherwise provided herein, the Conversion Rate will not be adjusted for the issuance of Common Stock or any securities convertible into or exchangeable for Common Stock or carrying the right to purchase Common Stock or any such security.

No Adjustment. (a) No adjustment in the Conversion Rate shall be required if Holders may participate in the transactions set forth in Section 4.06 above (to the same extent as if the Securities had been converted into shares of Common Stock immediately prior to such transactions) without converting the Securities held by such Holders. (b) No adjustment in the Conversion Rate shall be required unless such adjustment would require an increase or decrease of at least 1% in the Conversion Rate as last adjusted; provided, however, that any adjustments which would be required to need be made but for this Section 4.07(b) shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 4 shall be made to the nearest cent or to the nearest one ten thousandth of a share, as the case may be, with one half cent and 0.00005 of a share, respectively, being rounded upward. (c) No adjustment in the Conversion Rate shall be required for issuances of Common Stock pursuant to a Company plan for reinvestment of dividends or interest or for a change in the par value or a change to no par value of the Common Stock. (db) To the extent that the Securities become convertible into the right to receive cash, no adjustment need be made thereafter as to the cash. Interest will not accrue on the cash due. (c) No adjustment in the Conversion Rate shall be made pursuant to this Section 13.06 if the Holders may participate in the transaction that would otherwise give rise to an adjustment pursuant to Section 13.06. (d) Other than as described above in Section 13.06, no adjustment to the Conversion Rate shall be required for any issuance of Common Stock or convertible or exchangeable securities or rights to purchase Common Stock or convertible or exchangeable securities. (e) No adjustment in the Conversion Rate shall be required with respect made pursuant to accrued and unpaid interest on Section 13.06 unless the Securities. (f) Except as otherwise provided herein, adjustment would require a change of at least 1% of the Conversion Rate will not be adjusted for in effect immediately prior to the issuance of Common Stock or any securities convertible into or exchangeable for Common Stock or carrying the right event otherwise giving rise to purchase Common Stock or such adjustment; provided, however, that any such securityevents for which adjustments are not made pursuant to this sentence shall be carried forward and such adjustment shall be made at such time as the aggregate amount of all such adjustments heretofore not made would require an adjustment equal to or in excess of 1% of the Conversion Rate in effect immediately prior to the first of such events.

No Adjustment. (a) No adjustment in the Conversion Rate shall be required if Holders may participate in the transactions set forth in Section 4.06 above (to the same extent as if the Securities had been converted into shares of Common Stock immediately prior to such transactions) without converting the Securities held by such Holders. (b) No adjustment in the Conversion Rate shall be required unless such adjustment would require an increase or decrease of at least 1% in the Conversion Rate as last adjusted; provided, however, that any adjustments which would be required to be made but for this Section 4.07(b) shall be carried forward and taken into account in any subsequent adjustmentadjustment and provided, further, that such carried-forward adjustments, regardless of whether the aggregate adjustment is less than 1%, shall be made (i) five business days prior to the maturity of the Securities (whether at stated maturity or otherwise) or (ii) five business days prior to the Redemption Date or Fundamental Change Purchase Date, unless such adjustment has already been made. All calculations under this Article 4 shall be made to the nearest cent or to the nearest one ten thousandth of a share, as the case may be, with one half cent and 0.00005 of a share, respectively, being rounded upward. (c) No adjustment in the Conversion Rate shall be required for issuances of Common Stock pursuant to a Company plan for reinvestment of dividends or interest or for a change in the par value or a change to no par value of the Common Stock. (d) To the extent that the Securities become convertible into the right to receive cash, no adjustment need be made thereafter as to the cash. (e) No adjustment in the Conversion Rate shall be required with respect to accrued and unpaid interest on the Securities. (f) Except as otherwise provided herein, the Conversion Rate will not be adjusted for the issuance of Common Stock or any securities convertible into or exchangeable for Common Stock or carrying the right to purchase Common Stock or any such security.

No Adjustment. (a) No adjustment in the Conversion Rate shall be required if Holders may participate in the transactions set forth in Section 4.06 above (to the same extent as if the Securities had been converted into shares of Common Stock immediately prior to such transactions) without converting the Securities held by such Holders. (b) No adjustment in the Conversion Rate shall be required unless such adjustment would require an increase or decrease of at least 1% in the Conversion Rate as last adjusted; provided, however, that any adjustments which would be required to need be made but for this Section 4.07(b) shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 4 shall be made to the nearest cent or to the nearest one ten thousandth of a share, as the case may be, with one half cent and 0.00005 of a share, respectively, being rounded upward. (c) No adjustment in the Conversion Rate shall be required for issuances of Common Stock pursuant to a Company plan for reinvestment of dividends or interest or for a change in the par value or a change to no par value of the Common Stock. (db) To the extent that the Securities become convertible into the right to receive cash, no adjustment need be made thereafter as to the cash. Interest will not accrue on the cash due. (c) No adjustment in the Conversion Rate shall be made pursuant to this Section 14.06 if the Holders may participate in the transaction that would otherwise give rise to an adjustment pursuant to Section 14.06. (d) Other than as described above in Section 14.06, no adjustment to the Conversion Rate shall be required for any issuance of Common Stock or convertible or exchangeable securities or rights to purchase Common Stock or convertible or exchangeable securities. (e) No adjustment in the Conversion Rate shall be required with respect made pursuant to accrued and unpaid interest on Section 14.06 unless the Securities. (f) Except as otherwise provided herein, adjustment would require a change of at least 1% of the Conversion Rate will not be adjusted for in effect immediately prior to the issuance of Common Stock or any securities convertible into or exchangeable for Common Stock or carrying the right event otherwise giving rise to purchase Common Stock or such adjustment; provided, however, that any such securityevents for which adjustments are not made pursuant to this sentence shall be carried forward and such adjustment shall be made at such time as the aggregate amount of all such adjustments heretofore not made would require an adjustment equal to or in excess of 1% of the Conversion Rate in effect immediately prior to the first of such events.

No Adjustment. (a) No adjustment in the Conversion Rate shall be required if Holders may participate in the transactions set forth in Section 4.06 4.07 above (to the same extent as if the Securities had been converted into shares of Common Stock immediately prior to such transactions) without converting the Securities held by such Holders. (b) No adjustment in the Conversion Rate shall be required unless such adjustment would require an increase or decrease of at least 1% in the Conversion Rate as last adjusted; provided, however, that any adjustments which would be required to be made but for this Section 4.07(b4.08(b) shall be carried forward and taken into account in any subsequent adjustment; provided, further, that any carry forward amount shall be paid to a Holder of Securities upon conversion of such Securities, regardless of the 1% threshold. All calculations under this Article 4 shall be made to the nearest cent or to the nearest one one-ten thousandth of a share, as the case may be, with one half cent and 0.00005 of a share, respectively, being rounded upward. (c) No adjustment in the Conversion Rate shall be required for issuances of Common Stock pursuant to a Company plan for reinvestment of dividends or interest or for a change in the par value or a change to no par value of the Common Stock. (d) To the extent that the Securities become convertible into the right to receive cash, no adjustment need be made thereafter as to the cash. (e) No adjustment in the Conversion Rate shall be required with respect to accrued and unpaid interest interest, including Special Interest, on the Securities. (f) Except as otherwise provided herein, the Conversion Rate will not be adjusted for the issuance of Common Stock or any securities convertible into or exchangeable for Common Stock or carrying the right to purchase Common Stock or any such security.

No Adjustment. (a) No adjustment in the Conversion Rate shall be required if Holders may participate in the transactions set forth in Section 4.06 above (to the same extent as if the Securities had been converted into shares of Common Stock immediately prior to such transactions) without converting the Securities held by such Holders. (b) No adjustment in the Conversion Rate Price shall be required unless such adjustment would require an increase or decrease of at least 1% $0.01 in the Conversion Rate Price as last adjusted; provided, however, that any adjustments which would otherwise be required to be made but for the provisions of this Section 4.07(b) 8(a), shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 4 Section 8 shall be made to the nearest cent or to the nearest one ten thousandth one-hundredth of a share, as the case may be, with one half cent and 0.00005 of a share, respectively, being rounded upward. (cb) No adjustment in the Conversion Rate Price shall be required for issuances of Common Stock Shares pursuant to a Company plan for reinvestment of dividends or interest or for a change in the par value or a change to no par value of the Common StockShares. (d) To the extent that the Securities become convertible into the right to receive cash, no adjustment need be made thereafter as to the cash. (ec) No adjustment in the Conversion Rate Price shall be made pursuant to Section 7 if the holders of Notes (in their capacity as holders) may participate in the transaction that would otherwise give rise to an adjustment pursuant to Section 7. (d) Other than as described above in Section 7, no adjustment to the Conversion Price shall be required with respect for any issuance of Common Shares or convertible or exchangeable securities or rights to accrued and unpaid interest on the Securitiespurchase Common Shares or convertible or exchangeable securities. (fe) Except as otherwise provided hereinWhenever the Conversion Price is required to be adjusted pursuant to Section 7, the Conversion Rate will not Company shall promptly mail to the Holders a notice of the adjustment and briefly stating the facts requiring the adjustment and the manner of computing it. Upon the request of the Holder, there shall be adjusted for transmitted promptly to the issuance Holder a certificate of Common Stock or any securities convertible into or exchangeable for Common Stock or carrying the right to purchase Common Stock or a firm of independent chartered accountants showing any such securityadjustment, stating in reasonable detail the facts upon which such adjustment is based and stating that such firm concurs with the Company's calculation of such adjustment.

No Adjustment. (a) No adjustment in the Conversion Rate shall be required if Holders may participate in the transactions set forth in Section 4.06 10.06 above (to the same extent as if the Securities Notes had been converted into shares of Common Stock immediately prior to such transactions) without converting the Securities Notes held by such Holders. (b) No adjustment in the Conversion Rate shall be required unless such adjustment would require an increase or decrease of at least 1% in the Conversion Rate as last adjusted; provided, however, that any adjustments which would be required to be made but for this Section 4.07(b10.07(b) shall be carried forward and taken into account in any subsequent adjustment. Additionally, the Company will make such carried-forward adjustment, regardless of whether the adjustment would require an increase or decrease of at least 1%, within one year of the first such carried-forward adjustment, and upon a Fundamental Change, any conversion by a Holder and immediately following the Regular Record Date immediately preceding the Final Maturity Date. All calculations under this Article 4 10 shall be made to the nearest cent or to the nearest one ten thousandth of a share, as the case may be, with one half cent and 0.00005 of a share, respectively, being rounded upward. (c) No adjustment in the Conversion Rate shall be required for issuances of Common Stock pursuant to a Company plan for reinvestment of dividends or interest or for a change in the par value, or from par value or a change to no par value, or from no par value to par value, of the Common Stock. (d) To the extent that the Securities Notes become convertible into the right to receive cash, no adjustment need be made thereafter as to the cash. (e) No adjustment in the Conversion Rate shall be required with respect to accrued and unpaid interest on the Securities. (f) Except as otherwise provided herein, the Conversion Rate will not be adjusted for the issuance of Common Stock or any securities convertible into or exchangeable for Common Stock or carrying the right to purchase Common Stock or any such security.

No Adjustment. (a) No adjustment in the Conversion Rate shall be required if Holders may participate in the transactions set forth in Section 4.06 above (to the same extent as if the Securities had been converted into shares of Common Stock immediately prior to such transactions) without converting the Securities held by such Holders. (b) No adjustment in the Conversion Rate shall be required unless such adjustment would require an increase or decrease of at least 1% in the Conversion Rate as last adjusted; provided, however, that any adjustments which would be required to need be made but for this Section 4.07(b) shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 4 shall be made to the nearest cent or to the nearest one ten thousandth of a share, as the case may be, with one half cent and 0.00005 of a share, respectively, being rounded upward. (c) No adjustment in the Conversion Rate shall be required for issuances of Common Stock pursuant to a Company plan for reinvestment of dividends or interest or for a change in the par value or a change to no par value of the Common Stock. (db) To the extent that the Securities become convertible into the right to receive cash, no adjustment need be made thereafter as to the cash. Interest will not accrue on the cash due. (ec) No adjustment in the Conversion Rate shall be made pursuant to this Section 13.06 if the Holders may participate in the transaction that would otherwise give rise to an adjustment pursuant to Section 13.06. (d) No adjustment in the Conversion Rate shall be required with respect pursuant to accrued Section 13.06 unless such adjustment would require an increase or decrease of at least 1.0% in the Conversion Rate; provided, however, that any adjustments which by reason of this clause (d) of Section 13.07 are not required to be made, shall be carried forward and unpaid interest on the Securitiestaken into account in any subsequent adjustment. (fe) Except Other than as otherwise provided hereindescribed above in Section 13.06, no adjustment to the Conversion Rate will not shall be adjusted required for the any issuance of Common Stock or any securities convertible into or exchangeable for Common Stock securities or carrying the right rights to purchase Common Stock or any such securityconvertible or exchangeable securities.

No Adjustment. (a) No adjustment in the Conversion Rate shall be required if Holders may participate in the transactions set forth in Section 4.06 above (to the same extent as if the Securities had been converted into shares of Common Stock immediately prior to such transactions) without converting the Securities held by such Holders. (b) No adjustment in the Conversion Rate shall be required unless such adjustment would require an increase or decrease of at least 1% in the Conversion Rate as last adjusted; provided, however, that any adjustments which would be required to be made but for this Section 4.07(b) shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 4 shall be made to the nearest cent or to the nearest one one-ten thousandth of a share, as the case may be, with one half cent and 0.00005 of a share, respectively, being rounded upward. (c) No adjustment in the Conversion Rate shall be required for issuances of Common Stock pursuant to a Company plan for reinvestment of dividends or interest or for a change in the par value or a change to no par value of the Common Stock. (d) To the extent that the Securities become convertible into the right to receive cash, no adjustment need be made thereafter as to the cash. (e) No adjustment in the Conversion Rate shall be required with respect to accrued and unpaid interest on the Securities. (f) Except as otherwise provided herein, the Conversion Rate will not be adjusted for the issuance of Common Stock or any securities convertible into or exchangeable for Common Stock or carrying the right to purchase Common Stock or any such security.

No Adjustment. (a) No adjustment in the Conversion Rate shall be required if Holders may participate in the transactions set forth in Section 4.06 above (to the same extent as if the Securities had been converted into shares of Common Stock immediately prior to such transactions) without converting the Securities held by such Holders. (b) No adjustment in the Conversion Rate shall be required unless such adjustment would require an increase or decrease of at least 1% in the Conversion Rate as last adjusted; provided, however, that any adjustments which would be required to be made but for this Section 4.07(b) shall be carried forward and taken into account in any subsequent adjustment; provided, further, that any carry forward amount shall be paid to a Holder of Securities upon conversion of such Securities, regardless of the 1% threshold. All calculations under this Article 4 shall be made to the nearest cent or to the nearest one one-ten thousandth of a share, as the case may be, with one half cent and 0.00005 of a share, respectively, being rounded upward. (c) No adjustment in the Conversion Rate shall be required for issuances of Common Stock pursuant to a Company plan for reinvestment of dividends or interest or for a change in the par value or a change to no par value of the Common Stock. (d) To the extent that the Securities become convertible into the right to receive cash, no adjustment need be made thereafter as to the cash. (e) No adjustment in the Conversion Rate shall be required with respect to accrued and unpaid interest interest, including Special Interest, on the Securities. (f) Except as otherwise provided herein, the Conversion Rate will not be adjusted for the issuance of Common Stock or any securities convertible into or exchangeable for Common Stock or carrying the right to purchase Common Stock or any such security.

No Adjustment. (a) No adjustment in the Conversion Rate shall be required if Holders may participate in the transactions set forth in Section 4.06 10.06 above (to the same extent as if the Securities Notes had been converted into shares of Common Stock immediately prior to such transactions) without converting the Securities Notes held by such Holders.. Table of Contents (b) No adjustment in the Conversion Rate shall be required unless such adjustment would require an increase or decrease of at least 1% in the Conversion Rate as last adjusted; provided, however, that any adjustments which would be required to be made but for this Section 4.07(b10.07(b) shall be carried forward and taken into account in any subsequent adjustment. Additionally, the Company will make such carried-forward adjustment, regardless of whether the adjustment would require an increase or decrease of at least 1%, within one year of the first such carried-forward adjustment, and upon a Fundamental Change, any conversion by a Holder and immediately following the Regular Record Date immediately preceding the Final Maturity Date. All calculations under this Article 4 10 shall be made to the nearest cent or to the nearest one ten thousandth of a share, as the case may be, with one half cent and 0.00005 of a share, respectively, being rounded upward. (c) No adjustment in the Conversion Rate shall be required for issuances of Common Stock pursuant to a Company plan for reinvestment of dividends or interest or for a change in the par value, or from par value or a change to no par value, or from no par value to par value, of the Common Stock. (d) To the extent that the Securities Notes become convertible into the right to receive cash, no adjustment need be made thereafter as to the cash. (e) No adjustment in the Conversion Rate shall be required with respect to accrued and unpaid interest on the Securities. (f) Except as otherwise provided herein, the Conversion Rate will not be adjusted for the issuance of Common Stock or any securities convertible into or exchangeable for Common Stock or carrying the right to purchase Common Stock or any such security.

No Adjustment. (a) No adjustment in the Conversion Rate shall be required if Holders may participate in the transactions set forth in Section 4.06 above (to the same extent as if the Securities had been converted into shares of Common Stock immediately prior to such transactions) without converting the Securities held by such Holders. (b) No adjustment in the Conversion Rate shall be required unless such adjustment would require an increase or decrease of at least 1% in the Conversion Rate as last adjusted; provided, however, that any adjustments which would be required to be made but for this Section 4.07(b) shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article 4 shall be made to the nearest cent or to the nearest one ten thousandth one-hundredth of a share, as the case may be, with one half cent and 0.00005 0.005 of a share, respectively, being rounded upward. (c) No adjustment in the Conversion Rate shall be required for issuances of Common Stock pursuant to a Company plan for reinvestment of dividends or interest or for a change in the par value or a change to no par value of the Common Stock. (d) To the extent that the Securities become convertible into the right to receive cash, no adjustment need be made thereafter as to the cash. (e) No adjustment in the Conversion Rate shall be required with respect to accrued and unpaid interest on the Securities. (f) Except as otherwise provided herein, the Conversion Rate will not be adjusted for the issuance of Common Stock or any securities convertible into or exchangeable for Common Stock or carrying the right to purchase Common Stock or any such security.