Common use of When Restrictions Apply Clause in Contracts

When Restrictions Apply. Except as provided elsewhere in this Indenture (including clause (iii) of this Section 2.10(b)), until the relevant Free Trade Date, every certificate evidencing any shares of Common Stock issued upon conversion of any Restricted Notes or otherwise in respect of any Restricted Notes will bear the Restricted Stock Legend unless: (A) such shares are being Transferred to a Person (other than (x) the Company or (y) an “affiliate” (as defined in Rule 144) of the Company) pursuant to a registration statement that was effective under the Securities Act at the time of such Transfer; or (B) such shares are being Transferred to a Person (other than (x) the Company or (y) an “affiliate” (as defined in Rule 144) of the Company) pursuant to an available exemption from the registration requirements of the Securities Act (including Rule 144) and, after such Transfer, such shares will no longer constitute “restricted securities” (within the meaning of Rule 144), and, in case (B), the Person effecting such Transfer delivers to the Company and the Transfer Agent any documents or evidence reasonably required pursuant to this Indenture (including clause (iii) of this Section 2.10(b)).

When Restrictions Apply. Except as provided elsewhere in this Indenture (including clause (iii) of this Section 2.10(b2.10(a)(iii)), until the relevant Free Trade DateDate of a Note, every certificate evidencing such Note (and every security issued in exchange therefor or substitution thereof, except any shares of Common Stock issued upon the conversion of any thereof, which may be required to bear the Restricted Notes or otherwise in respect of any Restricted Notes Stock Legend) will bear the Restricted Stock Notes Legend unless: (A1) such shares are Note is being Transferred to a Person person (other than (x) the Company or (y) an “affiliate” affiliate (as defined in Rule 144) of the Company) pursuant to a registration statement that was effective under the Securities Act at the time of such Transfer; or (B2) such shares are Note is being Transferred to a Person person (other than (x) the Company or (y) an “affiliate” affiliate (as defined in Rule 144) of the Company) pursuant to an available exemption from the registration requirements of the Securities Act (including Rule 144) and, after such Transfer, such shares Note will no longer constitute “a restricted securitiessecurity” (within the meaning of Rule 144), and, in case (B), the Person Holder effecting such Transfer delivers to the Trustee, the Company and the Transfer Agent Registrar any documents or evidence reasonably required pursuant to the Restricted Notes Legend or this Indenture (including clause (iii) including, in the case of this Definitive Notes, Section 2.10(b2.10(a)(iii)).

When Restrictions Apply. Except as provided elsewhere in this Indenture (including clause (iii) of this Section 2.10(b‎Section 2.10(a)), until the relevant Free Trade DateDate of a Note, every certificate evidencing such Note (and every security issued in exchange therefor or substitution thereof, except any shares of Common Stock issued upon the conversion of any thereof, which may be required to bear the Restricted Notes or otherwise in respect of any Restricted Notes Stock Legend) will bear the Restricted Stock Notes Legend unless: (A1) such shares are Note is being Transferred to a Person person (other than (x) the Company or (y) an “affiliate” affiliate (as defined in Rule 144) of the Company) pursuant to a registration statement that was effective under the Securities Act at the time of such Transfer; or (B2) such shares are Note is being Transferred to a Person person (other than (x) the Company or (y) an “affiliate” affiliate (as defined in Rule 144) of the Company) pursuant to an available exemption from the registration requirements of the Securities Act (including Rule 144) and, after such Transfer, such shares Note will no longer constitute “a restricted securitiessecurity” (within the meaning of Rule 144), and, in case with respect to clause (B2) of this ‎Section 2.10(a)(ii), the Person Holder effecting such Transfer delivers to the Trustee, the Company and the Transfer Agent Registrar any documents or evidence reasonably required pursuant to the Restricted Notes Legend or this Indenture (including including, in the case of Definitive Notes, clause (iii) of this Section 2.10(b‎Section 2.10(a)).

When Restrictions Apply. Except as provided elsewhere in this Indenture (including clause (iii) of this Section 2.10(b2.10(a)), until the relevant Free Trade DateDate of a Note, every certificate evidencing such Note (and every security issued in exchange therefor or substitution thereof, except any shares of Common Stock issued upon the conversion of any thereof, which may be required to bear the Restricted Notes or otherwise in respect of any Restricted Notes Stock Legend) will bear the Restricted Stock Notes Legend unless: (A) such shares are Note is being Transferred to a Person person (other than (x) the Company or (y) an “affiliate” affiliate (as defined in Rule 144) of the Company) pursuant to a registration statement that was effective under the Securities Act at the time of such Transfer; or (B) such shares are Note is being Transferred to a Person person (other than (x) the Company or (y) an “affiliate” affiliate (as defined in Rule 144) of the Company) pursuant to an available exemption from the registration requirements of the Securities Act (including Rule 144) and, after such Transfer, such shares Note will no longer constitute “a restricted securitiessecurity” (within the meaning of Rule 144), and, in case (B), the Person Holder effecting such Transfer delivers to the Trustee, the Company and the Transfer Agent Registrar any documents or evidence reasonably required pursuant to the Restricted Notes Legend or this Indenture (including including, in the case of Definitive Notes, clause (iii) of this Section 2.10(b2.10(a)).

When Restrictions Apply. Except as provided elsewhere in this Indenture (including clause (iii) of this Section 2.10(b2.10(a)), until the relevant Free Trade DateDate of a Note, every certificate evidencing any shares of Common Stock such Note (and every security issued upon conversion of any Restricted Notes in exchange therefor or otherwise in respect of any Restricted Notes substitution thereof) will bear the Restricted Stock Notes Legend unless: (A) such shares are Note is being Transferred to a Person (other than (x) the Company or (y) an “affiliate” (as defined in Rule 144) of the Company) pursuant to a registration statement that was effective under the Securities Act at the time of such Transfer; or (B) such shares are Note is being Transferred to a Person (other than (x) the Company or (y) an “affiliate” (as defined in Rule 144) of the Company) pursuant to an available exemption from the registration requirements of the Securities Act (including Rule 144) and, after such Transfer, such shares Note will no longer constitute “a restricted securitiessecurity” (within the meaning of Rule 144), and, in case (B), the Person Holder effecting such Transfer delivers to the Trustee, the Company and the Transfer Agent any documents Registrar reasonable and customary documentation or evidence reasonably required pursuant to this Indenture (including clause (iii) of this Section 2.10(b2.10(a)), provided that any legal opinion, if any, in such regard shall be obtained by, and at the expense of, the Company, on the basis of such documentation or evidence.