Common use of Notice Deadline Clause in Contracts

Notice Deadline. In respect of any exercise of any Conversion Date, the Scheduled Trading Day immediately preceding the scheduled first day of the Conversion Period for such Options; provided that in respect of any Options relating to Convertible Notes with a Conversion Date occurring on or after the Free Convertibility Date, the Notice Deadline is the Scheduled Trading Day immediately preceding the Expiration Date; provided, further, that notwithstanding the foregoing, any Notice of Exercise or Notice of Final Settlement Method (as defined below) and the related automatic exercise of the related Options shall be effective if given after the relevant Notice Deadline but prior to 5:00 p.m. (New York City time) on the fifth Scheduled Trading Day following the Notice Deadline and, in respect of any Options in respect of which such notice is delivered after the relevant Notice Deadline pursuant to this proviso, the Calculation Agent shall have the right to adjust the number of Shares and/or amount of cash deliverable by Dealer with respect to such Options in a commercially reasonable manner as appropriate to reflect the additional costs (including, but not limited to, hedging mismatches and market losses) and expenses incurred by Dealer in connection with its hedging activities (including the unwinding of any hedge position) as a result of Dealer not having received such notice on or prior to the Notice Deadline.

Notice Deadline. In respect of any exercise of Options on any Conversion Exchange Date, 5:00 p.m. (New York City time) on the Scheduled Trading Valid Day immediately preceding the scheduled first day of the Conversion Settlement Averaging Period for such Options; provided that that, in respect of any Options relating to Convertible Exchangeable Notes with a Conversion an Exchange Date occurring on or after the Free Convertibility Exchangeability Date, the Notice Deadline is shall be 5:00 p.m. (New York City time) on the Scheduled Trading Valid Day immediately preceding the Expiration Date; providedprovided further that, further, that notwithstanding the foregoing, any Notice of Exercise or Notice of Final Settlement Method (as defined below) and the related automatic exercise of the related Options shall be effective if given after the relevant Notice Deadline but prior to 5:00 p.m. (New York City time) on the fifth Scheduled Trading Valid Day following the relevant Notice Deadline and, in respect of any Options relating to Exchangeable Notes with an Exchange Date occurring prior to the Free Exchangeability Date in respect of which such notice is delivered after the relevant Notice Deadline pursuant to this proviso, the Calculation Agent shall have the right to adjust the number of Shares and/or the amount of cash deliverable by Dealer with respect to such Options in a commercially reasonable manner as appropriate to reflect the additional costs (including, but not limited to, hedging mismatches and market losses) and expenses incurred by Dealer in connection with its hedging activities (including the unwinding of any hedge position) as a result of Dealer not having received such notice on or prior to the relevant Notice Deadline.