Common use of Option to Continue Transaction Clause in Contracts

Option to Continue Transaction. If Counterparty on any date delivers a notice of redemption of Convertible Notes pursuant to Section 16.02 of the Indenture (such date, the “Redemption Notice Date”), Counterparty may on the Redemption Notice Date elect that the following provisions shall apply from and after the Redemption Notice Date; provided that Counterparty shall make in such election a representation to Dealer that it is not, on the date of such election, in possession of material non-public information with respect to itself or the Shares: (i) The following provisions shall be deemed to have been deleted: Conversion Date, Free Convertibility Date, Notice of Exercise, Applicable Limit and Applicable Limit Price. In addition, in each of the “Net Share Settlement” and “Combination Settlement” provisions, the proviso at the end of the first sentence thereof shall be deemed to have been deleted; (ii) The provisions in this Confirmation with the captions set forth below shall be deemed to have been amended and restated in their entirety as follows: (A) Option Style: European;