VWAP Trading Day, determined, using a volume-weighted average price method, by a nationally recognized independent investment banking firm selected by the Company, which may include any of the
Initial Purchasers). The Daily VWAP will be determined without regard to after-hours trading or any other trading outside of the regular trading session.
De-Legending Deadline Date means, with respect to any Note, the fifteenth
(15th) day after the Free Trade Date of such Note; provided, however, that if such fifteenth (15th) day is after a Regular Record Date and on or before the next Interest Payment Date, then the
De-Legending Deadline Date for such Note will instead be the Business Day immediately after such Interest Payment Date.
Default means any event that is (or, after notice, passage of time or both, would be) an Event of Default.
Default Settlement Method means, initially, Combination Settlement with a Specified Dollar Amount of $1,000 per $1,000
principal amount of Notes; provided, however, that (x) subject to Section 5.03(A)(iii), the Company may, from time to time, change the Default Settlement Method by sending notice of the new Default
Settlement Method to the Holders, the Trustee and the Conversion Agent (if other than the Trustee) (it being understood that no such change will affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note
pursuant to this Indenture); and (y) the Default Settlement Method will be subject to Section 5.03(A)(ii).
Depositary means The Depository Trust Company or its successor.
Depositary Participant means any member of, or participant in, the Depositary.
Depositary Procedures means, with respect to any conversion, transfer, exchange or transaction involving a Global Note or
any beneficial interest therein, the rules and procedures of the Depositary applicable to such conversion, transfer, exchange or transaction.
Ex-Dividend Date means, with respect to an issuance, dividend or distribution on
the Common Stock, the first date on which shares of Common Stock trade on the applicable exchange or in the applicable market, regular way, without the right to receive such issuance, dividend or distribution (including pursuant to due bills or
similar arrangements required by the relevant stock exchange). For the avoidance of doubt, any alternative trading convention on the applicable exchange or market in respect of the Common Stock under a separate ticker symbol or CUSIP number will not
be considered regular way for this purpose.
Exchange Act means the U.S. Securities Exchange Act of 1934,
as amended, and the rules and regulations promulgated thereunder.
Exempted Fundamental Change means any Fundamental
Change with respect to which, in accordance with Section 4.02(K), the Company does not offer to repurchase any Notes.
Free Trade Date means, with respect to any Note, the date that is one (1) year after the Last Original Issue Date of
such Note.
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