Common use of Withholding Taxes for Adjustments in Conversation Rate Clause in Contracts

Withholding Taxes for Adjustments in Conversation Rate. Notwithstanding any other provision of this Indenture, if the Company or other applicable withholding agent pays withholding taxes or backup withholding on behalf of a Holder or beneficial owner as a result of an adjustment to the Conversion Rate, the Company or other applicable withholding agent may, at its option, set off such payments against payments of cash and shares of Common Stock on the Note (or any payments on the Common Stock) or sales proceeds received by or other funds or assets of the Holder or beneficial owner.

Withholding Taxes for Adjustments in Conversation Rate. Notwithstanding any other provision of this Indenture, if If the Company (or other an applicable withholding agent agent) pays withholding taxes or backup withholding on behalf of a Holder or beneficial owner as a result of an adjustment to the Conversion Rate, the Company or other applicable withholding agent may, at its option, set off or an applicable withholding agent may, withhold such payments against taxes from payments of cash and shares of Common Stock on the Note (or any payments on the Common Stock) or sales proceeds received by or other funds or assets of the Holder or beneficial ownerNotes.

Withholding Taxes for Adjustments in Conversation Rate. Notwithstanding any other provision of anything to the contrary contained in this Indenture, if the Company (or other an applicable withholding agent agent) pays withholding taxes or backup withholding on behalf of a Holder or beneficial owner as a result of an adjustment to the Conversion Rate, the Company or other applicable withholding agent may, at its option, set off or an applicable withholding agent may, withhold such payments against taxes from payments of cash and shares of Common Stock on the Note (or any payments on the Common Stock) or sales proceeds received by or other funds or assets of the Holder or beneficial ownerNotes.