Common use of Selection of Convertible Notes to be Redeemed Clause in Contracts

Selection of Convertible Notes to be Redeemed. Section 3.2 of the Indenture hereby is amended and restated with respect to the Convertible Notes as follows: If less than all the Convertible Notes are to be redeemed, the Trustee shall select the Convertible Notes to be redeemed by a method that complies with the requirements of the principal securities exchange, if any, on which the Convertible Notes are listed, or, if the Convertible Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee considers fair and appropriate. The Trustee shall make the selection not more than 60 days and not less than 30 days before the redemption date from Convertible Notes Outstanding not previously called for redemption. The Trustee may select for redemption portions of the principal of Convertible Notes that have denominations larger than $1,000. Convertible Notes and portions of them it selects shall be in principal amounts of $1,000 or integral multiples of $1,000. Provisions of this Supplemental Indenture that apply to Convertible Notes called for redemption also apply to Convertible Notes that are called for partial redemption. The Trustee shall notify the Company promptly of the Convertible Notes or portions of Convertible Notes to be called for redemption. If any Convertible Note selected for partial redemption is converted by the Holder in part after such selection, the partially converted portion of such Convertible Note shall be deemed (so far as may be) to have been redeemed for such purpose. Upon any redemption of less than all the Convertible Notes, the Company and the Trustee may treat as Outstanding any Convertible Notes surrendered for conversion during the period 15 days immediately preceding the mailing of a notice of redemption and need not treat as Outstanding any new Convertible Note authenticated and delivered during such period in exchange for the unconverted portion of any Convertible Note converted in part during such period.

Selection of Convertible Notes to be Redeemed. Section 3.2 of the Indenture hereby is amended and restated with respect to the Convertible Notes as follows: If less than all the Convertible Notes are to be redeemedredeemed at any time, the Trustee shall select the Convertible Notes to be redeemed by a method that complies with the requirements of the principal securities exchange, if any, on which the Convertible Notes are listed, or, if the Convertible Notes are not so listed, on a pro rata basis, by lot or by such any other method as which the Trustee considers deems to be fair and appropriate. The Trustee shall make appropriate and which complies with any securities exchange or other applicable requirements, provided that the selection not more than 60 days and not less than 30 days before the redemption date from Convertible Notes Outstanding not previously called for redemption. The Trustee may select for redemption portions of the principal of in part only Convertible Notes that have in denominations larger than $1,000. In selecting Convertible Notes to be redeemed pursuant to this Section 3.2, the Trustee shall make such adjustments, reallocations and portions eliminations as it shall deem proper so that the principal amount of them it selects each Convertible Note to be redeemed shall be in principal amounts of $1,000 or an integral multiples multiple thereof, by increasing, decreasing or eliminating any amount less than $1,000 which would be allocable to any Holder. If the Convertible Notes to be redeemed are Certificated Convertible Notes, the Certificated Convertible Notes to be redeemed shall be selected by the Trustee by prorating, as nearly as may be, or by any other method which the Trustee deems to be fair and appropriate and which complies with any securities exchange or other applicable requirements the principal amount of $1,000Certificated Convertible Notes to be redeemed among the Holders of Certificated Convertible Notes registered in their respective names. The Trustee in its discretion may determine the particular Convertible Notes (if there are more than one) registered in the name of any Holder which are to be redeemed, in whole or in part. Provisions of this Supplemental Indenture that apply to Convertible Notes called for redemption also apply to portions of Convertible Notes that are called for partial redemption. The Trustee shall notify the Company promptly of the Convertible Notes or portions of Convertible Notes to be called for redemption. If any Convertible Note selected for partial redemption is converted by the Holder in part after such selection, the partially converted portion of such Convertible Note shall be deemed (so far as may be) to have been redeemed for such purpose. Upon any redemption of less than all the Convertible Notes, the Company and the Trustee may treat as Outstanding any Convertible Notes surrendered for conversion during the period 15 days immediately preceding the mailing of a notice of redemption and need not treat as Outstanding any new Convertible Note authenticated and delivered during such period in exchange for the unconverted portion of any Convertible Note converted in part during such periodredeemed.

Selection of Convertible Notes to be Redeemed. Section 3.2 of the Indenture hereby is amended and restated with respect to the Convertible Notes as follows: If less than all the Convertible Notes are to be redeemed, the Trustee shall select the Convertible Notes to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Convertible Notes are listed, listed or quoted or, if the Convertible Notes are not so listed, on a pro rata basis, basis by lot or by such any other method as that the Trustee considers fair and appropriate. The Trustee shall make the selection not more than 60 days and not less than 30 days before the redemption date Redemption Date from Convertible Notes Outstanding outstanding and not previously called for redemption. The Trustee may select for redemption portions a portion of the principal of any Convertible Notes that have denominations has a denomination larger than $1,000. Convertible Notes and portions of them it selects shall thereof will be redeemed in principal amounts the amount of $1,000 or integral multiples of $1,000. Provisions of this Supplemental Indenture that apply to Convertible Notes called for redemption also apply to portions of Convertible Notes that are called for partial redemption. The Trustee shall notify the Company promptly of the Convertible Notes or portions of Convertible Notes to be called for redemption. If any Convertible Note selected for partial redemption is converted by the Holder in part after such selection, the partially converted portion of such Convertible Note shall be deemed (so far as may bepossible) to have been redeemed be the portion to be selected for redemption. The Convertible Notes (or portion thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such purposeConvertible Note is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Convertible Notes, the Company and the Trustee may treat as Outstanding outstanding any Convertible Notes surrendered for conversion during the period of 15 days immediately next preceding the mailing of a notice of redemption and need not treat as Outstanding outstanding any new Convertible Note authenticated and delivered during such period in exchange for the unconverted portion of any Convertible Note converted in part during such period.

Selection of Convertible Notes to be Redeemed. Section 3.2 of the Indenture hereby is amended and restated with respect to the Convertible Notes as follows: If less than all the Convertible Notes are to be redeemed, the Trustee shall select the Convertible Notes to be redeemed by a method that complies with the requirements of the principal national securities exchangeexchange (which shall be provided or caused to be provided by the Company to the Trustee), if any, on which the Convertible Notes are listed, listed or quoted or, if the Convertible Notes are not so listed, on a pro rata basis, basis by lot or by such any other method as that the Trustee considers fair and appropriate. The Trustee shall make the selection not more than 60 days and not less than 30 45 days before the redemption date Redemption Date from Convertible Notes Outstanding outstanding and not previously called for redemption. The Trustee may select for redemption portions a portion of the principal of any Convertible Notes that have denominations has a denomination larger than $1,000. Convertible Notes and portions of them it selects shall thereof will be redeemed in principal amounts the amount of $1,000 or integral multiples of $1,000. Provisions of this Supplemental Indenture that apply to Convertible Notes called for redemption also apply to portions of Convertible Notes that are called for partial redemption. The Trustee shall notify the Company promptly of the Convertible Notes or portions of Convertible Notes to be called for redemption. If any Convertible Note selected for partial redemption is converted by the Holder in part after such selection, the partially converted portion of such Convertible Note shall be deemed (so far as may bebe deemed) to have been redeemed be the portion to be selected for redemption. The Convertible Notes (or portion thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such purposeConvertible Note is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Convertible Notes, the Company and the Trustee may treat as Outstanding outstanding any Convertible Notes surrendered for conversion during the period of 15 days immediately next preceding the mailing of a notice of redemption and need not treat as Outstanding outstanding any new Convertible Note authenticated and delivered during such period in exchange for the unconverted portion of any Convertible Note converted in part during such period.

Selection of Convertible Notes to be Redeemed. Section 3.2 of the Indenture hereby is amended and restated with respect to the Convertible Notes as follows: If less than --------------------------------------------- all the Convertible Notes are to be redeemedredeemed at any time, the Trustee shall select the Convertible Notes to be redeemed by a method that complies with the requirements of the principal securities exchange, if any, on which the Convertible Notes are listed, or, if the Convertible Notes are not so listed, on a pro rata basis, by lot or by such any other --- ---- method as which the Trustee considers deems to be fair and appropriate. The Trustee shall make appropriate and which complies with any securities exchange or other applicable requirements, provided that --------- the selection not more than 60 days and not less than 30 days before the redemption date from Convertible Notes Outstanding not previously called for redemption. The Trustee may select for redemption portions of the principal of in part only Convertible Notes that have in denominations larger than $1,000. In selecting Convertible Notes to be redeemed pursuant to this Section 3.02, the Trustee shall make such adjustments, reallocations and portions eliminations as it shall deem proper so that the principal amount of them it selects each Convertible Note to be redeemed shall be in principal amounts of $1,000 or an integral multiples multiple thereof, by increasing, decreasing or eliminating any amount less than $1,000 which would be allocable to any Holder. If the Convertible Notes to be redeemed are Certificated Convertible Notes, the Certificated Convertible Notes to be redeemed shall be selected by the Trustee by prorating, as nearly as may be, or by any other method which the Trustee deems to be fair and appropriate and which complies with any securities exchange or other applicable requirements the principal amount of $1,000Certificated Convertible Notes to be redeemed among the Holders of Certificated Convertible Notes registered in their respective names. The Trustee in its discretion may determine the particular Convertible Notes (if there are more than one) registered in the name of any Holder which are to be redeemed, in whole or in part. Provisions of this Supplemental Indenture that apply to Convertible Notes called for redemption also apply to portions of Convertible Notes that are called for partial redemption. The Trustee shall notify the Company promptly of the Convertible Notes or portions of Convertible Notes to be called for redemption. If any Convertible Note selected for partial redemption is converted by the Holder in part after such selection, the partially converted portion of such Convertible Note shall be deemed (so far as may be) to have been redeemed for such purpose. Upon any redemption of less than all the Convertible Notes, the Company and the Trustee may treat as Outstanding any Convertible Notes surrendered for conversion during the period 15 days immediately preceding the mailing of a notice of redemption and need not treat as Outstanding any new Convertible Note authenticated and delivered during such period in exchange for the unconverted portion of any Convertible Note converted in part during such periodredeemed.

Selection of Convertible Notes to be Redeemed. Section 3.2 of the Indenture hereby is amended and restated with respect to the Convertible Notes as follows: If less --------------------------------------------- than all the Convertible Notes are to be redeemed, the Trustee shall select the Convertible Notes to be redeemed by a method that complies (which selection shall include compliance with the requirements of the principal national securities exchange, if any, on which the Convertible Notes are listed, or, if the Convertible Notes are not so listed), on a pro rata basis, by lot or by such other method as the Trustee considers shall deem fair and appropriate. The Trustee shall make the selection not more than 60 days and not less than 30 days before the redemption date from Convertible Notes Outstanding outstanding not previously called for redemption. The Trustee may select for redemption portions of the principal of Convertible Notes that have denominations larger than $1,000. Convertible Notes and portions of them it selects shall be in principal amounts of $1,000 or integral multiples of $1,000. Provisions of this Supplemental Indenture that apply to Convertible Notes called for redemption also apply to portions of Convertible Notes that are called for partial redemption. The Trustee shall notify the Company promptly of the Convertible Notes or portions of Convertible Notes to be called for redemption. If any Convertible Note selected for partial redemption is converted by the Holder in part after such selection, the partially converted portion of such Convertible Note shall be deemed (so far as may be) to have been redeemed be the portion to be selected for redemption. The Convertible Notes (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such purposeConvertible Note is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Convertible Notes, the Company and the Trustee may treat as Outstanding outstanding any Convertible Notes surrendered for conversion during the period 15 days immediately next preceding the mailing of a notice of redemption and need not treat as Outstanding outstanding any new Convertible Note authenticated and delivered during such period in exchange for the unconverted portion of any Convertible Note converted in part during such period.