Common use of Voluntary Increase Clause in Contracts

Voluntary Increase. The Issuer may make such increases in the Conversion Rate, in addition to those required by Section 6.06 hereof, as the Board of Directors considers to be advisable to avoid or diminish any income tax to holders of Common Stock or rights to purchase Common Stock resulting from any dividend or distribution of stock (or rights to acquire stock) or from any event treated as such for income tax purposes. To the extent permitted by applicable law, the Issuer may from time to time increase the Conversion Rate by any amount, temporarily or otherwise, for any period of at least 20 days if the increase is irrevocable during the period and the Board of Directors shall have made a determination that such increase would be in the best interests of the Issuer, which determination shall be conclusive. Whenever the Conversion Rate is so increased, the Issuer shall mail to Holders and file with the Trustee and the Conversion Agent a notice of such increase. Neither the Trustee nor any Conversion Agent shall be under any duty or responsibility with respect to any such notice except to exhibit the same to any holder desiring inspection thereof. The Issuer shall mail the notice at least 15 days before the date the increased Conversion Rate takes effect. The notice shall state the increased Conversion Rate and the period it shall be in effect.

Voluntary Increase. The Issuer Company may make such increases in the ------------------ Conversion Rate, in addition to those required by Section 6.06 hereof4.06, as the Board of Directors considers to be advisable to avoid or diminish any income tax to holders of Common Voting Stock or rights to purchase Common Voting Stock resulting from any dividend or distribution of stock (or rights to acquire stock) or from any event treated as such for income tax purposes. To the extent permitted by applicable law, the Issuer Company may from time to time increase the Conversion Rate by any amount, temporarily or otherwise, amount for any period of time if the period is at least 20 days if days, the increase is irrevocable during the period and the Board of Directors shall have made a determination that such increase would be in the best interests of the IssuerCompany, which determination shall be conclusive. Whenever the Conversion Rate is so increased, the Issuer Company shall mail to Holders and file with the Trustee and the Conversion Agent a notice of such increase. Neither the Trustee nor any Conversion Agent shall be under any duty or responsibility with respect to any such notice certificate except to exhibit the same to any holder desiring inspection thereof. The Issuer Company shall mail the notice at least 15 days before the date the increased Conversion Rate takes effectaffect. The notice shall state the increased Conversion Rate and the period it shall be in effect.