Common use of The Underlying Securities Clause in Contracts

The Underlying Securities. Upon issuance and delivery of the Securities in accordance with this Agreement and the Indenture, the Securities will be convertible at the option of the holder thereof into shares of the Underlying Securities in accordance with the terms of the Securities; the maximum number of Underlying Securities reserved for issuance upon conversion of the Securities (assuming the Company elects to issue and deliver solely Underlying Securities in respect of all conversions) have been duly authorized and reserved and, when and to the extent issued upon conversion of the Securities in accordance with the terms of the Securities and the Indenture, will be validly issued, fully paid and nonassessable, and the issuance of such Underlying Securities will not be subject to any preemptive or similar rights.

The Underlying Securities. Upon issuance and delivery of the Securities in accordance with this Agreement and the Indenture, the Securities will be convertible at the option of the holder thereof into shares of the Underlying Securities, cash or a combination of cash and shares of the Underlying Securities in accordance with the terms of the SecuritiesSecurities and the Indenture; the maximum number of Underlying Securities issuable upon conversion of the Securities have been duly authorized and the Underlying Securities initially issuable upon conversion have been duly reserved for issuance upon conversion of the Securities (assuming the Company elects to issue and deliver solely Underlying Securities in respect of all conversions) have been duly authorized and reserved and, when and to the extent issued upon conversion of the Securities in accordance with the terms of the Securities and the Indenture, the Underlying Securities will be validly issued, fully paid and nonassessablenon assessable, and the issuance of such the Underlying Securities will not be subject to any preemptive or similar rights.

The Underlying Securities. Upon issuance and delivery of the Securities in accordance with this Agreement and the Indenture, the Securities will be convertible at the option of the holder thereof into shares of the cash and Underlying Securities Securities, if any, in accordance with the terms of the SecuritiesSecurities and the Indenture; the maximum number of Underlying Securities (assuming the maximum conversion rate under any “make-whole” adjustment applies) reserved for issuance upon conversion of the Securities (assuming the Company elects to issue and deliver solely Underlying Securities in respect of all conversions) have been duly authorized and reserved and, when and to the extent issued upon conversion of the Securities in accordance with the terms of the Securities and the Indenture, will be validly issued, fully paid and nonassessablenon-assessable, and the issuance of such the Underlying Securities will not be subject to any preemptive or similar rights.

The Underlying Securities. Upon issuance and delivery of the Securities in accordance with this Agreement and the Indenture, the Securities will be convertible at the option of the holder thereof into shares of the Underlying Securities in accordance with the terms of the SecuritiesSecurities and the Indenture; the maximum number of Underlying Securities reserved for issuance upon conversion of the Securities (assuming the Company elects to issue and deliver solely Underlying Securities in respect of all conversions) have been duly and validly authorized and reserved and, when issued and to the extent issued delivered upon conversion of the Securities in accordance with the terms of the Securities and the Indenture, will be duly and validly issued, fully paid and nonassessablenon-assessable, and the issuance of such the Underlying Securities will not be subject to any preemptive or similar rights. The Board of Directors of the Company has duly and validly adopted resolutions reserving such Underlying Securities for issuance upon conversion.