Common use of Settlement of Accrued Interest and Deemed Payment of Principal Clause in Contracts

Settlement of Accrued Interest and Deemed Payment of Principal. If a Holder exchanges a Security, the Company will not adjust the Exchange Rate to account for any accrued and unpaid interest on such Security and the Company’s delivery of the Common Shares and any cash amount for which a Security is exchangeable will be deemed to satisfy and discharge in full the Company’s obligation to pay the principal of, and accrued and unpaid interest, if any, on, such Security to, but excluding, the Exchange Date; provided, however, that if a Holder exchanges a Security after a Regular Record Date and prior to the Open of Business on the corresponding Interest Payment Date, the Company will still be obligated to pay the interest due on such Interest Payment Date to the Holder of such Security on such Regular Record Date (provided the Holder makes the interest payment upon exchange if so required by Section 4.02(f)). As a result, except as otherwise provided in the proviso to the immediately preceding sentence, any accrued and unpaid interest with respect to an exchanged Security will be deemed to be paid in full rather than cancelled, extinguished or forfeited. In no event will a Holder be entitled to receive any dividend or other distribution with respect to any Common Shares issued on exchange of such Holder’s Securities if the applicable Exchange Date is after the record date for such dividend or distribution.

Settlement of Accrued Interest and Deemed Payment of Principal. If a Holder exchanges converts a Security, the Company will not adjust the Exchange Conversion Rate to account for any accrued and unpaid interest on such Security Security, and the Company’s delivery of the shares of Common Shares Stock (and any cash amount for in lieu of fractional shares, if any) into which a Security is exchangeable convertible will be deemed to satisfy and discharge in full the Company’s obligation to pay the principal of, and accrued and unpaid interest, if any, on, such Security to, but excluding, the Exchange Conversion Date; provided, however, that if a Holder exchanges converts a Security after a Regular Record Date and prior to the Open of Business on the corresponding Interest Payment Date, the Company will still be obligated to pay the interest due on such Interest Payment Date to the Holder of such Security on such Regular Record Date (provided the Holder makes the interest payment upon exchange conversion if so required by Section 4.02(f)). As a result, except as otherwise provided in the proviso to the immediately preceding sentence, any accrued and unpaid interest with respect to an exchanged a converted Security will be deemed to be paid in full rather than cancelled, extinguished or forfeited. In no event will a Holder be entitled to receive any dividend or other distribution with respect to any Common Shares Stock issued on exchange conversion of such Holder’s Securities if the applicable Exchange Conversion Date is after the record date for such dividend or distribution.

Settlement of Accrued Interest and Deemed Payment of Principal. If a Holder exchanges converts a Security, the Company will not adjust the Exchange Conversion Rate to account for any accrued and unpaid interest on such Security Security, and the Company’s delivery of the shares of Common Shares Stock (and cash in lieu of delivering any cash amount for fractional shares, if any) into which a Security is exchangeable convertible will be deemed to satisfy and discharge in full the Company’s obligation to pay the principal of, and accrued and unpaid interest, if any, on, such Security to, but excluding, the Exchange Conversion Date; provided, however, that if a Holder exchanges converts a Security after a Regular Record Date and prior to the Open of Business on the corresponding Interest Payment Date, the Company will shall still be obligated to pay the interest due on such Interest Payment Date to the Holder of such Security on such Regular Record Date (provided the Holder makes the interest payment upon exchange conversion if so required by Section 4.02(f)). As a result, except as otherwise provided in the proviso to the immediately preceding sentence, any accrued and unpaid interest with respect to an exchanged a converted Security will be deemed to be paid in full rather than cancelled, extinguished or forfeited. In no event will a Holder be entitled to receive any dividend or other distribution with respect to any Common Shares Stock issued on exchange conversion of such Holder’s Securities if the applicable Exchange Conversion Date is after the record date for such dividend or distribution.

Settlement of Accrued Interest and Deemed Payment of Principal. If a Holder exchanges converts a Security, the Company will not adjust the Exchange Conversion Rate to account for any accrued and unpaid interest on such Security Security, and the Company’s delivery of the shares of Common Shares Stock (and any cash amount for in lieu of fractional shares, if any) into which a Security is exchangeable convertible will be deemed to satisfy and discharge in full the Company’s obligation to pay the principal of, and accrued and unpaid interest, if any, on, such Security to, but excluding, the Exchange Conversion Date; provided, however, that if a Holder exchanges converts a Security after a Regular Record Date and prior to the Open of Business on the corresponding Interest Payment Date, the Company will still be obligated to pay the interest due on such Interest Payment Date to the Holder of such Security on such Regular Record Date (provided the Holder makes the interest payment upon exchange conversion if so required by Section 4.02(f)). As a result, except as otherwise provided in the proviso to the immediately preceding sentence, any accrued and unpaid interest with respect to an exchanged a converted Security will be deemed to be paid in full rather than cancelled, extinguished or forfeited. In no event will a Holder be entitled to receive any dividend or other distribution with respect to any Common Shares Stock issued on exchange conversion of such Holder’s Securities if the applicable Exchange Conversion Date is after the record date Regular Record Date for such dividend or distribution.