.00% ( 3.00 % ) notes may elect to convert their notes based on a conversion rate adjustment and receive additional shares of the company 2019s common stock , the acquirer 2019s common stock or , at the election of the acquirer , in certain instances , such feature may be settled in cash . this feature qualifies as an embedded derivative under sfas no . 133 , for which the company determined has no fair value as of december 31 , 2008 and 2007