Common use of Rights Issued in Respect of Common Stock Issued Upon Conversion Clause in Contracts

Rights Issued in Respect of Common Stock Issued Upon Conversion. In the event the Company adopts or implements a shareholder rights agreement (a “Shareholder Rights Plan”), including, without limitation, a rights agreement in existence on the date of this Indenture, pursuant to which rights (“Rights”) are distributed to the holders of Common Stock of the Company and such Shareholder Rights Plan provides that each share of Common Stock issued upon conversion of the Notes at any time prior to the distribution of separate certificates representing such Rights will be entitled to receive such Rights, then there shall not be any adjustment to the conversion privilege or Conversion Rate at any time prior to the distribution of separate certificates representing such Rights. If, however, prior to any conversion, the Rights have separated from the Common Stock, the Conversion Rate shall be adjusted at the time of separation as described in Section 10.11 above, subject to readjustment upon occurrence of any of the events set forth therein.

Rights Issued in Respect of Common Stock Issued Upon Conversion. In the event the Company adopts or implements a shareholder rights agreement (a “Shareholder Rights Plan”), including, without limitation, a rights agreement in existence on the date of this Indenture, ) pursuant to which rights (“Rights”) are distributed to the holders of Common Stock of the Company and such Shareholder Rights Plan provides that each share of Common Stock issued upon conversion of the Notes at any time prior to the distribution of separate certificates representing such Rights will be entitled to receive such Rights, then there shall not be any adjustment to the conversion privilege or Conversion Rate at any time prior to the distribution of separate certificates representing such Rights. If, however, prior to any conversion, the Rights have separated from the Common Stock, the Conversion Rate shall be adjusted at the time of separation as if the Company distributed to all holders of the Common Stock, its assets, debt securities or rights as described in Section 10.11 10.08 above, subject to readjustment upon occurrence of any in the event of the events set forth thereinexpiration, termination or redemption of such Rights.

Rights Issued in Respect of Common Stock Issued Upon Conversion. In the event the Company adopts or implements a shareholder rights agreement (a “"Shareholder Rights Plan”), including, without limitation, a rights agreement in existence on the date of this Indenture, ") pursuant to which rights (“"Rights”") are distributed to the holders of Common Stock of the Company and such Shareholder Rights Plan provides that each share of Common Stock issued upon conversion of the Notes at any time prior to the distribution of separate certificates representing such Rights will be entitled to receive such Rights, then there shall not be any adjustment to the conversion privilege or Conversion Rate at any time prior to the distribution of separate certificates representing such Rights. If, however, prior to any conversion, the Rights have separated from the Common Stock, the Conversion Rate shall be adjusted at the time of separation as if the Company distributed to all holders of the Common Stock, its assets, debt securities or rights as described in Section 10.11 10.08 above, subject to readjustment upon occurrence of any in the event of the events set forth thereinexpiration, termination or redemption of such Rights.