Common use of Company Put Option Clause in Contracts

Company Put Option. Subject to the terms and conditions in Section 4.2 and elsewhere in this Agreement, after the Redemption Date of the Optional Conversion of the Debentures (as defined in Article VI of the Debentures), the Company shall have the one time right (the "Company Put Option") at any time subsequent to the First Closing to deliver a written notice to the Purchasers (a "Company Put Option Notice") requiring the Purchasers to exercise in full the Purchasers Call Option, provided that for at least twenty (20) out of thirty (30) consecutive Trading Days (as defined in the Debentures) prior to the exercise of the Company Put Option the Per Share Market Value (as defined in the Debentures) was more than $9 dollars (such price, as may be adjusted, the "Put Trigger Price," and the occurrence of twenty (20) Trading Days at such price, a "Put Trigger"). The Company must exercise its Company Put Option by delivering the Company Put Option Notice to each Holder within ten (10) Business Days of the occurrence of a Put Trigger (such deadline, the "Put Notice Date"). If the Company does not deliver the Company Put Option Notice by the Put Notice Date, then the Company shall not have the right to effect a Company Put Option until a Put Trigger occurs again after such Put Notice Date. An example of how the Company Put Option operates is as follows: Thirty (30) consecutive Trading Days occur. On twenty (20) Trading Days during the thirty (30) day period, the Per Share Market Value of the Common Stock is greater than the Put Trigger Price. The Put Notice Date is ten (10) Business Days after the end of the thirty (30) day trading period. If the Company delivers the Company Put Option Notice by the Put Notice Date, it has properly exercised its Company Put Option. If the Company fails to deliver the Put Option Notice by the Put Notice Date, then there must again occur a thirty (30) day trading period in which there are twenty (20) days where the Per Share Market Value is in excess of the Put Trigger Price before the Company may again exercise its Company Put Option. The Second Closing under this Company Put Option Notice shall take place on such date indicated in the Company Put Option Notice but no earlier than ten (10) business days after the Purchasers' receipt of the Company Put Option Notice; provided that in no case shall the Second Closing take place unless and until

Company Put Option. Subject to the terms and conditions in Section 4.2 and elsewhere in this Agreement, after the Redemption Date of the Optional Conversion of the Debentures (as defined in Article VI of the Debentures), the Company shall have the one time right (the "Company Put Option") at any time subsequent to the First Closing to deliver a written notice to the Purchasers (a "Company Put Option Notice") requiring the Purchasers to exercise in full the Purchasers Call Option, provided that for at least twenty (20) out of thirty (30) consecutive Trading Days (as defined in the Debentures) prior to the exercise of the Company Put Option the Per Share Market Value (as defined in the Debentures) was more than $9 10 dollars (such price, as may be adjusted, the "Put Trigger Price," and the occurrence of twenty (20) Trading Days at such price, a "Put Trigger"). The Company must exercise its Company Put Option by delivering the Company Put Option Notice to each Holder within ten (10) Business Days of the occurrence of a Put Trigger (such deadline, the "Put Notice Date"). If the Company does not deliver the Company Put Option Notice by the Put Notice Date, then the Company shall not have the right to effect a Company Put Option until a Put Trigger occurs again after such Put Notice Date. An example of how the Company Put Option operates is as follows: Thirty (30) consecutive Trading Days occur. On twenty (20) Trading Days during the thirty (30) day period, the Per Share Market Value of the Common Stock is greater than the Put Trigger Price. The Put Notice Date is ten (10) Business Days after the end of the thirty (30) day trading period. If the Company delivers the Company Put Option Notice by the Put Notice Date, it has properly exercised its Company Put Option. If the Company fails to deliver the Put Option Notice by the Put Notice Date, then there must again occur a thirty (30) day trading period in which there are twenty (20) days where the Per Share Market Value is in excess of the Put Trigger Price before the Company may again exercise its Company Put Option. The Second Closing under this Company Put Option Notice shall take place on such date indicated in the Company Put Option Notice but no earlier than ten (10) business days after the Purchasers' receipt of the Company Put Option Notice; provided that in no case shall the Second Closing take place unless and untiluntil the conditions listed in Section 4.2 have been satisfied or waived by the appropriate party. Five (5) business days after receipt of the Company Put Option Notice, the Purchasers shall deliver to

Company Put Option. Subject to the terms and conditions in Section 4.2 and elsewhere in this Agreement, after the Redemption Optional Conversion Date of the Optional Conversion of the Debentures (as defined in Article VI of the Debentures), the Company shall have the one time right (the "Company Put OptionCOMPANY PUT OPTION") at any time subsequent to the First Closing to deliver a written notice to the Purchasers (a "Company Put Option NoticeCOMPANY PUT OPTION NOTICE") requiring the Purchasers to exercise in full the Purchasers Call Option, provided that for at least twenty five (2025) out of thirty (30) consecutive Trading Days (as defined in the Debentures) prior to the exercise of the Company Put Option the Per Share Market Value (as defined in the Debentures) was more than $9 21.10 dollars (such price, as may be adjustedadjusted pursuant to the terms of the Debentures), the "Put Trigger PricePUT TRIGGER PRICE," and the occurrence of twenty thirty (2030) consecutive Trading Days at such price, a "Put TriggerPUT TRIGGER"). The Company must exercise its Company Put Option by delivering the Company Put Option Notice to each Holder within ten (10) Business Days of the occurrence of a Put Trigger (such deadline, the "Put Notice DatePUT NOTICE DATE"). If the Company does not deliver the Company Put Option Notice by the Put Notice Date, then the Company shall not have the right to effect a Company Put Option until a Put Trigger occurs again after such Put Notice Date. An example of how the Company Put Option operates is as follows: Thirty (30) consecutive Trading Days occur. On twenty (20) Trading Days occur during the thirty (30) day period, which the Per Share Market Value of the Common Stock is greater than the Put Trigger Price. The Put Notice Date is ten (10) Business Days after the end of the thirty (30) day trading period. If the Company delivers the Company Put Option Notice by the Put Notice Date, it has properly exercised its Company Put Option. If the Company fails to deliver the Put Option Notice by the Put Notice Date, then there must again occur a consecutive thirty (30) day trading period in which there are twenty (20) days where the Per Share Market Value is in excess of the Put Trigger Price before the Company may again exercise its Company Put Option. The Second Closing under this Company Put Option Notice shall take place on such date indicated in the Company Put Option Notice but no earlier than ten (10) business days Business Days after the Purchasers' receipt of the Company Put Option Notice; provided that PROVIDED THAT in no case shall the Second Closing take place unless and untiluntil the conditions listed in Section 4.2 have been satisfied or waived by the appropriate party. Five (5) Business Days after receipt of the Company Put Option Notice, the Purchasers shall deliver to the Company a Second Closing Schedule, indicating the principal amount of Debentures that each Purchaser shall purchase for an aggregate total of $15,000,000. At the Second Closing under the Company Put Option Notice:

Company Put Option. Subject to the terms and conditions in Section 4.2 and elsewhere in this Agreement, after the Redemption Optional Conversion Date of the Optional Conversion of the Debentures (as defined in Article VI of the Debentures), the Company shall have the one time right (the "Company Put OptionCOMPANY PUT OPTION") at any time subsequent to the First Closing to deliver a written notice to the Purchasers (a "Company Put Option NoticeCOMPANY PUT OPTION NOTICE") requiring the Purchasers to exercise in full the Purchasers Call Option, provided that for at least twenty five (2025) out of thirty (30) consecutive Trading Days (as defined in the Debentures) prior to the exercise of the Company Put Option the Per Share Market Value (as defined in the Debentures) was more than $9 26.64 dollars (such price, as may be adjustedadjusted pursuant to the terms of the Debentures), the "Put Trigger PricePUT TRIGGER PRICE," and the occurrence of twenty thirty (2030) consecutive Trading Days at such price, a "Put TriggerPUT TRIGGER"). The Company must exercise its Company Put Option by delivering the Company Put Option Notice to each Holder within ten (10) Business Days of the occurrence of a Put Trigger (such deadline, the "Put Notice DatePUT NOTICE DATE"). If the Company does not deliver the Company Put Option Notice by the Put Notice Date, then the Company shall not have the right to effect a Company Put Option until a Put Trigger occurs again after such Put Notice Date. An example of how the Company Put Option operates is as follows: Thirty (30) consecutive Trading Days occur. On twenty (20) Trading Days occur during the thirty (30) day period, which the Per Share Market Value of the Common Stock is greater than the Put Trigger Price. The Put Notice Date is ten (10) Business Days after the end of the thirty (30) day trading period. If the Company delivers the Company Put Option Notice by the Put Notice Date, it has properly exercised its Company Put Option. If the Company fails to deliver the Put Option Notice by the Put Notice Date, then there must again occur a consecutive thirty (30) day trading period in which there are twenty (20) days where the Per Share Market Value is in excess of the Put Trigger Price before the Company may again exercise its Company Put Option. The Second Closing under this Company Put Option Notice shall take place on such date indicated in the Company Put Option Notice but no earlier than ten (10) business days Business Days after the Purchasers' receipt of the Company Put Option Notice; provided that PROVIDED THAT in no case shall the Second Closing take place unless and untiluntil the conditions listed in Section 4.2 have been satisfied or waived by the appropriate party. Five (5) Business Days after receipt of the Company Put Option Notice, the Purchasers shall deliver to the Company a Second Closing Schedule, indicating the principal amount of Debentures that each Purchaser shall purchase for an aggregate total of $10,000,000. At the Second Closing under the Company Put Option Notice: