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(a)), until the Free Trade Date of a Note, every certificate evidencing such Note (and every security issued in exchange therefor or substitution thereof), which, for the avoidance of doubt, will not include the Exchange Notes, will bear the Restricted Notes Legend unless: (A) such 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 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 Note will no longer constitute “a restricted security” (within the meaning of Rule 144), and, in case (B), the Holder effecting such Transfer delivers to the Trustee, the Company and the Registrar any documents or evidence reasonably required pursuant to this Indenture (including clause (iii) of this ‎Section 2.10(a)). For the avoidance of doubt, the Exchange Notes shall not constitute Restricted Notes and shall not bear the Restricted Notes Legend. The Exchange Notes shall be deemed Freely Tradeable and shall not be subject to the restrictions set forth in this Section 2.10.

When Restrictions Apply. Except as provided elsewhere in this Indenture (including clause ‎(iii(iii) of this ‎Section 2.10(aSection 2.10(b)), until the relevant Free Trade Date of a NoteDate, every certificate evidencing such Note (and every security any shares of Common Stock issued upon conversion of any Restricted Notes or otherwise in exchange therefor or substitution thereof), which, for the avoidance respect of doubt, will not include the Exchange Notes, any Restricted Notes will bear the Restricted Notes Stock Legend unless: (A) such Note is 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 Note is 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 Note shares will no longer constitute “a restricted securitysecurities” (within the meaning of Rule 144), and, in case (B), the Holder Person effecting such Transfer delivers to the Trustee, the Company and the Registrar any documents Transfer Agent reasonable and customary documentation or evidence reasonably required pursuant to this Indenture (including clause (iii) of this ‎Section 2.10(aSection 2.10(b)). For , provided that any legal opinion, if any, in such regard shall be obtained by, and at the avoidance of doubtexpense of, the Exchange Notes shall not constitute Restricted Notes and shall not bear Company, on the Restricted Notes Legend. The Exchange Notes shall be deemed Freely Tradeable and shall not be subject to the restrictions set forth in this Section 2.10basis of such documentation or evidence.

When Restrictions Apply. Except as provided elsewhere in this Indenture (including clause ‎(iii(3) of this ‎Section 2.10(aSection 2.12(b)), until the relevant Free Trade Date of a NoteDate, every certificate evidencing such Note (and every security any shares of Common Stock issued upon conversion of any Restricted Notes or otherwise in exchange therefor or substitution thereof), which, for the avoidance respect of doubt, will not include the Exchange Notes, any Restricted Notes will bear the Restricted Notes Stock Legend unless: (Ai) such Note is shares are being Transferred issued 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 Transferissuance; or (Bii) such Note is shares are being Transferred issued 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 Transferissuance, such Note shares will no longer constitute “a restricted securitysecurities” (within the meaning of Rule 144), and, in case (B), the Holder effecting such Transfer delivers to the Trustee, the Company and the Registrar any documents or evidence reasonably required pursuant to this Indenture (including clause (iii) of this ‎Section 2.10(a)). For the avoidance of doubt, the Exchange Notes shall not constitute Restricted Notes and shall not bear the Restricted Notes Legend. The Exchange Notes shall be deemed Freely Tradeable and shall not be subject to the restrictions set forth in this Section 2.10.

When Restrictions Apply. Except as provided elsewhere in this Indenture (including clause ‎(iii(iii) of this ‎Section Section 2.10(a)), until the Free Trade Date of a Note, every certificate evidencing such Note (and every security issued in exchange therefor or substitution thereof), which, for the avoidance of doubt, will not include the Exchange Notes, ) will bear the Restricted Notes Legend unless: (A) such 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 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 Note will no longer constitute “a restricted security” (within the meaning of Rule 144), and, in case (B), the Holder effecting such Transfer delivers to the Trustee, the Company and the Registrar any documents or evidence reasonably required pursuant to this Indenture (including clause (iii) of this ‎Section Section 2.10(a)). For the avoidance of doubt, because the Free Trade Date for the Exchange Notes shall is the Issue Date, the Exchange Notes are not constitute Restricted Notes on the Issue Date and shall not be required to bear the Restricted Notes Legend. The Exchange Notes shall be deemed are Freely Tradeable in accordance with Section 2.09 and shall not be subject to the restrictions set forth in this Section 2.10.