Common use of Restrictions on Adjustments Clause in Contracts

Restrictions on Adjustments. Except as a result of a reverse share split or a share combination subject to Section 8.05(a), and except for readjustments pursuant to the last paragraph of Section 8.05(a), readjustments pursuant to the penultimate paragraph of Section 8.05(b), readjustments pursuant to the last paragraph of Section 8.05(c)(i), readjustments pursuant to the penultimate paragraph of Section 8.05(c)(ii) and readjustments pursuant to Section 8.05(d), in no event will the Conversion Rate be adjusted downward pursuant to Section 8.05(a), (b), (c), (d) or (e). In addition, notwithstanding anything to the contrary elsewhere in this Note, the Conversion Rate will not be adjusted: (i) upon the issuance of any shares of Common Stock pursuant to any present or future plan providing for the reinvestment of dividends or interest payable on the Company’s securities and the investment of additional optional amounts in shares of Common Stock under any plan; (ii) upon the issuance of any shares of Common Stock or options or rights to purchase those shares pursuant to any present or future employee, director or consultant benefit plan or program of, or assumed by, the Company or any of its Subsidiaries; (iii) upon the issuance of any shares of Common Stock pursuant to any option, warrant, right or exercisable, exchangeable or convertible security not described in the preceding clause and outstanding as of the date of the Issue Date; (iv) upon the repurchase of any shares of Common Stock pursuant to an open-market share repurchase program or other buy-back transaction that is not a tender offer or exchange offer subject to Section 10.05(e); (v) for a change in the par value of the Common Stock; or (vi) for accrued and unpaid interest.

Restrictions on Adjustments. Except as a result of a reverse share split or a split, share combination subject to Section 8.05(a10.05(a), and except for readjustments pursuant to the last paragraph of Section 8.05(a10.05(a), readjustments pursuant to the penultimate paragraph of Section 8.05(b10.05(b), readjustments pursuant to the last paragraph of Section 8.05(c)(i10.05(c)(i), readjustments pursuant to the penultimate paragraph of Section 8.05(c)(ii10.05(c)(ii) and readjustments pursuant to the last paragraph of Section 8.05(d10.05(d), in no event will the Conversion Rate be adjusted downward pursuant to Section 8.05(aSections 10.05(a), (b), (c), (d) or (e)) hereof. In addition, notwithstanding anything to the contrary elsewhere in this NoteIndenture, the Conversion Rate will not be adjusted: (i) upon the issuance of any shares of Common Stock pursuant to any present or future plan providing for the reinvestment of dividends or interest payable on the Company’s securities and the investment of additional optional amounts in shares of Common Stock under any plan; (ii) upon the issuance of any shares of Common Stock or options or rights to purchase those shares pursuant to any present or future employee, director or consultant benefit plan or program of, or assumed by, the Company or any of its Subsidiaries; (iii) upon the issuance of any shares of Common Stock pursuant to any option, warrant, right or exercisable, exchangeable or convertible security not described in the preceding clause and outstanding as of the date of the Issue Date; (iv) upon the repurchase of any shares of Common Stock pursuant to an open-market share repurchase program or other buy-back transaction that is not a tender offer or exchange offer subject to Section 10.05(e); (v) for a change in the par value of the Common Stock; or (viv) for accrued and unpaid interest.

Restrictions on Adjustments. Except as a result of a reverse share split or a share combination subject to Section 8.05(a), and except for readjustments pursuant to the last paragraph of Section 8.05(a), readjustments pursuant to the penultimate paragraph of Section 8.05(b), readjustments pursuant to the last paragraph of Section 8.05(c)(i), readjustments pursuant to the penultimate paragraph of Section 8.05(c)(ii) and readjustments pursuant to Section 8.05(d), in no event will the Conversion Rate be adjusted downward pursuant to Section Sections 8.05(a), (b), (c), (d) or (e)) hereof. In addition, notwithstanding anything to the contrary elsewhere in this Note, the Conversion Rate will not be adjusted: (i) upon the issuance of any shares of Common Stock pursuant to any present or future plan providing for the reinvestment of dividends or interest payable on the Company’s securities and the investment of additional optional amounts in shares of Common Stock under any plan; (ii) upon the issuance of any shares of Common Stock or options or rights to purchase those shares pursuant to any present or future employee, director or consultant benefit plan or program of, or assumed by, the Company or any of its Subsidiaries; (iii) upon the issuance of any shares of Common Stock pursuant to any option, warrant, right or exercisable, exchangeable or convertible security not described in the preceding clause and outstanding as of the date of the Issue Date; (iv) upon the repurchase of any shares of Common Stock pursuant to an open-market share repurchase program or other buy-back transaction that is not a tender offer or exchange offer subject to Section 10.05(e); (v) for a change in the par value of the Common Stock; or (vi) for accrued and unpaid interest.

Restrictions on Adjustments. (a) Except as a result of a reverse share split or a split, share combination subject to Section 8.05(a9.04(a), and except for readjustments pursuant to the last paragraph of of‌ Section 8.05(a9.04(a), readjustments pursuant to the penultimate paragraph of Section 8.05(b9.04(b), readjustments pursuant to both the third paragraph and penultimate paragraph of Section 9.04(c) and readjustments pursuant to the last paragraph of Section 8.05(c)(i), readjustments pursuant to the penultimate paragraph of Section 8.05(c)(ii) and readjustments pursuant to Section 8.05(d9.04(d), in no event will the Conversion Rate be adjusted downward pursuant to Section 8.05(a9.04(a), (b), (c), (d) or (e). In addition, notwithstanding anything to the contrary elsewhere in this NoteIndenture, the Conversion Rate will not be adjusted: (i1) upon the issuance of any shares of Common Stock pursuant to any present or future plan of the Company providing for the reinvestment of dividends or interest payable on the Company’s securities and the investment of additional optional amounts in shares of Common Stock under any plan; (ii2) upon the issuance of any shares of Common Stock or options or rights to purchase those shares of Common Stock pursuant to any present or future employee, director or consultant benefit plan or program of, or assumed by, the Company or any of its Subsidiaries; (iii3) upon the issuance of any shares of Common Stock pursuant to any option, warrant, warrant or right or exercisable, exchangeable or convertible security not described in the preceding clause (2) above and outstanding as of the date of the Issue DateNotes were first issued; (iv) upon the repurchase of any shares of Common Stock pursuant to an open-market share repurchase program or other buy-back transaction that is not a tender offer or exchange offer subject to Section 10.05(e); (v4) for a change in the par value of the Common Stock; or (vi5) for accrued and unpaid interest. (b) To the extent that the Notes become convertible into the right to receive only cash in accordance with the provision of Section 9.07, no adjustment need be made thereafter as to the amount of cash to be received.

Restrictions on Adjustments. (a) Except as a result of a reverse share split or a split, share combination subject to Section 8.05(a7.04(a), and except for readjustments pursuant to the last paragraph of Section 8.05(a7.04(a), readjustments pursuant to the penultimate paragraph of Section 8.05(b7.04(b), readjustments pursuant to both the third paragraph and penultimate paragraph of Section 7.04(c) and readjustments pursuant to the last paragraph of Section 8.05(c)(i), readjustments pursuant to the penultimate paragraph of Section 8.05(c)(ii7.04(d) and readjustments pursuant to Section 8.05(d), in no event will the Conversion Rate be adjusted downward pursuant to Section 8.05(a7.04(a), (b), (c), (de) or (e). In addition, notwithstanding anything to the contrary elsewhere in this NoteIndenture, the Conversion Rate will not be adjusted: (i1) upon the issuance of any shares of Common Stock pursuant to any present or future plan of the Company providing for the reinvestment of dividends or interest payable on the Company’s 's securities and the investment of additional optional amounts in shares of Common Stock under any plan; (ii2) upon the issuance of any shares of Common Stock or options options, warrants or rights to purchase those shares of Common Stock pursuant to any present or future employee, director or consultant benefit plan or program of, or assumed by, the Company or any of its Subsidiaries; (iii3) upon the issuance of any shares of Common Stock pursuant to any option, warrant, warrant or right or exercisable, exchangeable or convertible security not described in the preceding clause (2) above and outstanding as of the date of the Issue DateNotes were first issued; (iv) upon the repurchase of any shares of Common Stock pursuant to an open-market share repurchase program or other buy-back transaction that is not a tender offer or exchange offer subject to Section 10.05(e); (v4) for a change in the par value of the Common Stock; or (vi5) for accrued and unpaid interest. (b) To the extent that the Notes become convertible into the right to receive only cash in accordance with the provision of Section 7.07, no adjustment need be made thereafter as to the amount of cash to be received.

Restrictions on Adjustments. (a) Except as a result of a reverse share split or a split, share combination subject to Section 8.05(a7.04(a), and except for readjustments pursuant to the last paragraph of Section 8.05(a7.04(a), readjustments pursuant to the penultimate paragraph of Section 8.05(b7.04(b), readjustments pursuant to both the third paragraph and penultimate paragraph of Section 7.04(c) and readjustments pursuant to the last paragraph of Section 8.05(c)(i), readjustments pursuant to the penultimate paragraph of Section 8.05(c)(ii7.04(d) and readjustments pursuant to Section 8.05(d), in no event will the Conversion Rate be adjusted downward pursuant to Section 8.05(a7.04(a), (b), (c), (de) or (e). In addition, notwithstanding anything to the contrary elsewhere in this NoteIndenture, the Conversion Rate will not be adjusted: (i1) upon the issuance of any shares of Common Stock pursuant to any present or future plan of the Company providing for the reinvestment of dividends or interest payable on the Company’s securities and the investment of additional optional amounts in shares of Common Stock under any plan; (ii2) upon the issuance of any shares of Common Stock or options options, warrants or rights to purchase those shares of Common Stock pursuant to any present or future employee, director or consultant benefit plan or program of, or assumed by, the Company or any of its Subsidiaries; (iii3) upon the issuance of any shares of Common Stock pursuant to any option, warrant, warrant or right or exercisable, exchangeable or convertible security not described in the preceding clause and outstanding as of the date of the Issue Date; (iv) upon the repurchase of any shares of Common Stock pursuant to an open-market share repurchase program or other buy-back transaction that is not a tender offer or exchange offer subject to Section 10.05(e); (v) for a change in the par value of the Common Stock; or (vi) for accrued and unpaid interest.clause

Restrictions on Adjustments. (a) Except as a result of a reverse share split or a split, share combination subject to Section 8.05(a9.04(a), and except for readjustments pursuant to the last paragraph of Section 8.05(a9.04(a), readjustments pursuant to the penultimate paragraph of Section 8.05(b9.04(b), readjustments pursuant to both the third paragraph and penultimate paragraph of Section 9.04(c) and readjustments pursuant to the last paragraph of Section 8.05(c)(i), readjustments pursuant to the penultimate paragraph of Section 8.05(c)(ii) and readjustments pursuant to Section 8.05(d9.04(d), in no event will the Conversion Rate be adjusted downward pursuant to Section 8.05(a9.04(a), (b), (c), (d) or (e). In addition, notwithstanding anything to the contrary elsewhere in this NoteIndenture, the Conversion Rate will not be adjusted: (i1) upon the issuance of any shares of Common Stock pursuant to any present or future plan of the Company providing for the reinvestment of dividends or interest payable on the Company’s 's securities and the investment of additional optional amounts in shares of Common Stock under any plan; (ii2) upon the issuance of any shares of Common Stock or options options, warrants or rights to purchase those shares of Common Stock pursuant to any present or future employee, director or consultant benefit plan or program of, or assumed by, the Company or any of its Subsidiaries; (iii3) upon the issuance of any shares of Common Stock pursuant to any option, warrant, warrant or right or exercisable, exchangeable or convertible security not described in the preceding clause (2) above and outstanding as of the date of the Issue DateNotes were first issued; (iv) upon the repurchase of any shares of Common Stock pursuant to an open-market share repurchase program or other buy-back transaction that is not a tender offer or exchange offer subject to Section 10.05(e); (v4) for a change in the par value of the Common Stock; or (vi5) for accrued and unpaid interest. (b) To the extent that the Notes become convertible into the right to receive only cash in accordance with the provision of Section 9.07, no adjustment need be made thereafter as to the amount of cash to be received.