Rule 11 colloquy1/8/2023 ![]() ![]() Increased Conversion Rate Applicable to Certain Notes Surrendered in Connection with Make-Whole Fundamental Changes (a) If the Effective Date of a Make-Whole Fundamental Change occurs prior to the Maturity Date and a Holder elects to convert its Notes in connection with such Make-Whole Fundamental Change, the Company shall, under the circumstances described below, increase the Conversion Rate for the Notes so surrendered for conversion by a number of additional shares of Common Stock (the “Additional Shares”), as described below. ![]() Related to 482–3 Methods to determine taxable income in connection with a transfer of tangible prop- erty Issuance in connection with a Business Combination.No Claim Regarding Stock Ownership or Sale Proceeds.Termination in Connection with a Change in Control.Termination of Subordination Period, Conversion of Subordinated Units and Extinguishment of Cumulative Common Unit Arrearages.Termination in Connection with a Change of Control.Determination of Net Asset Value, Net Income and Distributions.Issuance of Common Units in Connection with Reset of Incentive Distribution Rights.Consolidation, Merger or Sale or Transfer of Assets, Cash Flow or Earning Power.Increased Conversion Rate Applicable to Certain Notes Surrendered in Connection with Make-Whole Fundamental Changes.
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