Common use of Voluntary Adjustments Clause in Contracts

Voluntary Adjustments. To the extent permitted by applicable law and applicable requirements of The NASDAQ Global Select Market, the Company is permitted (but not required) to increase the Conversion Rate of the Notes (i) by any amount for a period of at least 20 Business Days if the Board of Directors determines that such increase would be in the Company’s best interest or (ii) to avoid or diminish income tax to holders of Common Stock or rights to purchase shares of Common Stock in connection with a dividend or distribution of shares (or rights to acquire shares) or similar event.

Voluntary Adjustments. To the extent permitted by applicable law and applicable requirements of The NASDAQ Global Select Market, the Company is permitted (but not required) to increase the Conversion Rate of the Notes (i) by any amount for a period of at least 20 Business Days if the Board of Directors determines that such increase would be in the Company’s best interest or (ii) to avoid or diminish income tax to holders of Common Stock Shares or rights to purchase shares of Common Stock Shares in connection with a dividend or distribution of shares (or rights to acquire shares) or similar event.

Voluntary Adjustments. To the extent permitted by applicable law and applicable requirements of The NASDAQ Global Select Market, the Company is permitted (but not required) to increase the Conversion Rate of the Notes (i) by any amount for a period of at least 20 Business Days if the Board of Directors determines that such increase would be in the Company’s best interest or (ii) to avoid or diminish income tax to holders of Common Stock or rights to purchase shares of Common Stock in connection with a dividend or distribution of shares (or rights to acquire shares) or similar event.

Voluntary Adjustments. To the extent permitted by applicable law and applicable requirements of The NASDAQ Global Select Market, the Company is permitted (but not required) to increase the Conversion Exchange Rate of the Notes (i) by any amount for a period of at least 20 Business Days if the Guarantor’s Board of Directors determines that such increase would be in the Company’s best interest or (ii) to avoid or diminish income tax to holders of Common Stock the Ordinary Shares or ADSs or rights to purchase shares of Common Stock Ordinary Shares or ADSs in connection with a dividend or distribution of shares (or rights to acquire shares) or similar event.