Common use of When Adjustment Is Not Required Clause in Contracts

When Adjustment Is Not Required. No adjustments in the conversion price or conversion rate need be made unless the adjustment would require an increase or decrease of at least one percent (1%) in the initial conversion price or conversion rate. Any adjustment which is not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article shall be made to the nearest cent or to the nearest 1/100th of a share, as the case may be. No adjustment in the conversion price or conversion rate shall be made because the Parent issues, in exchange for cash, property or services, shares of Parent Stock, or any securities convertible into or exchangeable for shares of Parent Stock, or securities carrying the right to purchase shares of Parent Stock or such convertible or exchangeable securities. No adjustment in the conversion price or conversion rate need be made under this Article for sales of shares of Parent Stock pursuant to a Parent plan providing for reinvestment of dividends or interest or in the event the par value of the Parent Stock is changed. No adjustment in the conversion price or conversion rate need be made for a transaction referred to in Section 10.07, 10.08 or 10.09 if Securityholders are to participate in the transaction on a basis and with notice that the Board of Directors determines to be fair and appropriate in light of the basis and notice on which holders of Parent Stock participate in the transaction; provided that the basis on which the Securityholders are to participate in the transaction shall not be deemed to be fair if it would require the conversion of Securities at any time prior to the expiration of the conversion period specified for such Securities. To the extent the Securities become convertible into cash, no adjustment need be made thereafter as to the cash. Interest will not accrue on the cash. 51

When Adjustment Is Not Required. No adjustments in the conversion price or conversion rate need be made unless the adjustment would require an increase or decrease of at least one percent (1%) in the initial conversion price or conversion rate. Any adjustment which is not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article shall be made to the nearest cent or to the nearest 1/100th 1/100 of a share, as the case may be. No adjustment in the conversion price or the conversion rate shall be made because the Parent issues, in exchange for cash, property or services, shares of Parent Stock, or any securities convertible into or exchangeable for shares of Parent Stock, Stock or securities carrying the right to purchase shares of Parent Stock or such convertible or exchangeable securities. No adjustment in the conversion price or conversion rate need be made under this Article for sales of shares of Parent Stock pursuant to a Parent plan providing for reinvestment of dividends or interest or in the event the par value of the Parent Stock is changed. No adjustment in the conversion price or conversion rate need be made for a transaction referred to in Section 10.0711.07, 10.08 11.08 or 10.09 11.09 if Securityholders are to participate in the transaction on a basis and with notice that the Board of Directors determines to be fair and appropriate in light of the basis and notice on which holders of Parent Stock participate in the transaction; provided that the basis on which the Securityholders are to participate in the transaction shall not be deemed to be fair if it would require the conversion of Securities at any time prior to the expiration of the conversion period specified for such Securities. To the extent the Securities become convertible into cash, no adjustment need be made thereafter as to the cash. Interest will not accrue on the cash. 51Section 11.14.

When Adjustment Is Not Required. No adjustments in the conversion price or conversion rate need be made unless the adjustment would require an increase or decrease of at least one percent (1%) in the initial conversion price or conversion rate. Any adjustment which is not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article shall be made to the nearest cent or to the nearest 1/100th of a share, as the case may be. No adjustment in the conversion price or conversion rate shall be made because the Parent issues, in exchange for cash, property or services, shares of Parent Stock, or any securities convertible into or exchangeable for shares of Parent Stock, or securities carrying the right to purchase shares of Parent Stock or such convertible or exchangeable securities. No adjustment in the conversion price or conversion rate need be made under this Article for sales of shares of Parent Stock pursuant to a Parent plan providing for reinvestment of dividends or interest or in the event the par value of the Parent Stock is changed. No adjustment in the conversion price or conversion rate need be made for a transaction referred to in Section 10.07, 10.08 or 10.09 if Securityholders are to participate in the transaction on a basis and with notice that the Board of Directors determines to be fair and appropriate in light of the basis and notice on which holders of Parent Stock participate in the transaction; provided that the basis on which the Securityholders are to participate in the transaction shall not be deemed to be fair if it would require the conversion of Securities at any time prior to the expiration of the conversion period specified for such Securities. To the extent the Securities become convertible into cash, no adjustment need be made thereafter as to the cash. Interest will not accrue on the cash. 51Section 10.14.

When Adjustment Is Not Required. No adjustments in the conversion price or conversion rate need be made unless the adjustment would require an increase or decrease of at least one percent (1%) in the initial conversion price or conversion rate. Any adjustment which is not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Article shall be made to the nearest cent or to the nearest 1/100th 1/100 of a share, as the case may be. No adjustment in the conversion price or the conversion rate shall be made because the Parent Company issues, in exchange for cash, property or services, shares of Parent Company Stock, or any securities convertible into or exchangeable for shares of Parent Stock, Company Stock or securities carrying the right to purchase shares of Parent Company Stock or such convertible or exchangeable securities. No adjustment in the conversion price or conversion rate need be made under this Article for sales of shares of Parent Company Stock pursuant to a Parent Company plan providing for reinvestment of dividends or interest or in the event the par value of the Parent Company Stock is changed. No adjustment in the conversion price or conversion rate need be made for a transaction referred to in Section 10.0711.07, 10.08 11.08 or 10.09 11.09 if Securityholders are to participate in the transaction on a basis and with notice that the Board of Directors determines to be fair and appropriate in light of the basis and notice on which holders of Parent Company Stock participate in the transaction; provided that the basis on which the Securityholders are to participate in the transaction shall not be deemed to be fair if it would require the conversion of Securities at any time prior to the expiration of the conversion period specified for such Securities. To the extent the Securities become convertible into cash, no adjustment need be made thereafter as to the cash. Interest will not accrue on the cash. 51Section 11.14.