Common use of Contingent Cash Interest Clause in Contracts

Contingent Cash Interest. Subject to the record date provisions specified in this paragraph 5, the Issuers shall pay, jointly and severally, contingent cash interest (“Contingent Cash Interest”) to the Holder of this Security during any six-month period (each a “Contingent Interest Period”) from February 8 to August 7 or from August 8 to February 7, commencing on or after February 8, 2012, if the average of the LYON Market Prices for each of the days in the Five-Day Period with respect to such Contingent Interest Period equals or exceeds 120% of the Issue Price at Maturity of this Security. Contingent Cash Interest, if any, will accrue from the first day of the applicable six-month period and be payable quarterly on January 31, April 30, July 31 and October 31 (each a “Contingent Interest Payment Date”) of the relevant six-month period to Holders of the Security on the record date, which will be each April 15, July 15, October 15 and January 15, immediately preceding each applicable payment date set forth below. For any six-month period, the amount of Contingent Cash Interest payable on any Contingent Interest Payment Date per $1,000 Issue Price thereof in respect of any Contingent Interest Period shall equal the amounts set forth below per $1,000 Issue Price for each applicable six-month period. Payment Date Quarterly Interest Payment Date Quarterly Interest April 30, 2012 $2.57 October 31, 2021 $3.75 July 31, 2012 $2.57 January 31, 2022 $3.75 October 31, 2012 $2.69 April 30, 2022 $3.75 January 31, 2013 $2.69 July 31, 2022 $3.75 April 30, 2013 $2.69 October 31, 2022 $3.86 July 31, 2013 $2.69 January 31, 2023 $3.86 October 31, 2013 $2.81 April 30, 2023 $3.86 January 31, 2014 $2.81 July 31, 2023 $3.86 April 30, 2014 $2.81 October 31, 2023 $3.98 July 31, 2014 $2.81 January 31, 2024 $3.98 October 31, 2014 $2.93 April 30, 2024 $3.98 January 31, 2015 $2.93 July 31, 2024 $3.98 April 30, 2015 $2.93 October 31, 2024 $4.10 July 31, 2015 $2.93 January 31, 2025 $4.10 October 31, 2015 $3.04 April 30, 2025 $4.10 January 31, 2016 $3.04 July 31, 2025 $4.10 April 30, 2016 $3.04 October 31, 2025 $4.21 July 31, 2016 $3.04 January 31, 2026 $4.21 October 31, 2016 $3.16 April 30, 2026 $4.21 January 31, 2017 $3.16 July 31, 2026 $4.21 April 30, 2017 $3.16 October 31, 2026 $4.33 July 31, 2017 $3.16 January 31, 2027 $4.33 October 31, 2017 $3.28 April 30, 2027 $4.33 January 31, 2018 $3.28 July 31, 2027 $4.33 April 30, 2018 $3.28 October 31, 2027 $4.45 July 31, 2018 $3.28 January 31, 2028 $4.45 October 31, 2018 $3.39 April 30, 2028 $4.45 January 31, 2019 $3.39 July 31, 2028 $4.45 April 30, 2019 $3.39 October 31, 2028 $4.56 July 31, 2019 $3.39 January 31, 2029 $4.56 October 31, 2019 $3.51 April 30, 2029 $4.56 January 31, 2020 $3.51 July 31, 2029 $4.56 April 30, 2020 $3.51 October 31, 2029 $4.68 July 31, 2020 $3.51 January 31, 2030 $4.68 October 31, 2020 $3.63 April 30, 2030 $4.68 January 31, 2021 $3.63 July 31, 2030 $4.68 April 30, 2021 $3.63 October 31, 2030 $4.80 July 31, 2021 $3.63 January 31, 2031 $4.80

Contingent Cash Interest. Subject to the record date provisions specified in this paragraph 5, the Issuers shall pay, jointly and severally, pay contingent cash interest (“Contingent Cash Interest”) to the Holder of this Security during any six-month period (each a “Contingent Interest Period”) from February 8 August 1 to August 7 January 31 or from August 8 February 1 to February 7July 31, commencing on or after February 8August 1, 20122010, if the average of the LYON Zero Coupon Zero Yield Convertible Note Market Prices for each of the days in the Five-Day Period with respect to such Contingent Interest Period equals or exceeds 120% of the Issue Price Initial Principal Amount at Maturity of this Security. Contingent Cash Interest, if any, will accrue from the first day of the applicable six-month period and be payable quarterly on January 31, April 30, July 31 and October 31 (each a “Contingent Interest Payment Date”) of the relevant six-month period to Holders of the Security on the record date, which will be each April October 15, July 15, October 15 and January 15, April 15 and July 15 immediately preceding each applicable payment date set forth below. For any six-month period, the amount of Contingent Cash Interest payable on any Contingent Interest Payment Date per $1,000 Issue Price Initial Principal Amount at Maturity thereof in respect of any Contingent Interest Period shall equal the amounts set forth below per $1,000 Issue Price Initial Principal Amount at Maturity for each applicable six-month period. Payment Date Quarterly Interest Payment Date Quarterly Interest April 30October 31, 2012 2010 $2.57 2.46 October 31, 2021 $3.75 January 31, 2011 $2.46 January 31, 2022 $3.75 April 30, 2011 $2.46 April 30, 2022 $3.75 July 31, 2011 $2.46 July 31, 2022 $3.75 October 31, 2011 $2.57 October 31, 2022 $3.86 January 31, 2012 $2.57 January 31, 2022 2023 $3.75 3.86 April 30, 2012 $2.57 April 30, 2023 $3.86 July 31, 2012 $2.57 July 31, 2023 $3.86 October 31, 2012 $2.69 October 31, 2023 $3.98 January 31, 2013 $2.69 January 31, 2024 $3.98 April 30, 2022 2013 $3.75 January 2.69 April 30, 2024 $3.98 July 31, 2013 $2.69 July 31, 2022 2024 $3.75 April 30, 2013 $2.69 October 31, 2022 $3.86 July 31, 2013 $2.69 January 31, 2023 $3.86 3.98 October 31, 2013 $2.81 October 31, 2024 $4.10 January 31, 2014 $2.81 January 31, 2025 $4.10 April 30, 2023 2014 $3.86 January 2.81 April 30, 2025 $4.10 July 31, 2014 $2.81 July 31, 2023 2025 $3.86 April 30, 2014 $2.81 October 31, 2023 $3.98 July 31, 2014 $2.81 January 31, 2024 $3.98 4.10 October 31, 2014 $2.93 October 31, 2025 $4.21 January 31, 2015 $2.93 January 31, 2026 $4.21 April 30, 2024 2015 $3.98 January 2.93 April 30, 2026 $4.21 July 31, 2015 $2.93 July 31, 2024 2026 $3.98 April 30, 2015 $2.93 October 31, 2024 $4.10 July 31, 2015 $2.93 January 31, 2025 $4.10 4.21 October 31, 2015 $3.04 October 31, 2026 $4.33 January 31, 2016 $3.04 January 31, 2027 $4.33 April 30, 2025 2016 $4.10 January 3.04 April 30, 2027 $4.33 July 31, 2016 $3.04 July 31, 2025 2027 $4.10 April 30, 2016 $3.04 October 31, 2025 $4.21 July 31, 2016 $3.04 January 31, 2026 $4.21 4.33 October 31, 2016 $3.16 October 31, 2027 $4.45 January 31, 2017 $3.16 January 31, 2028 $4.45 April 30, 2026 2017 $4.21 January 3.16 April 30, 2028 $4.45 July 31, 2017 $3.16 July 31, 2026 2028 $4.21 April 30, 2017 $3.16 October 31, 2026 $4.33 July 31, 2017 $3.16 January 31, 2027 $4.33 4.45 October 31, 2017 $3.28 October 31, 2028 $4.56 January 31, 2018 $3.28 January 31, 2029 $4.56 April 30, 2027 2018 $4.33 January 3.28 April 30, 2029 $4.56 July 31, 2018 $3.28 July 31, 2027 2029 $4.33 April 30, 2018 $3.28 October 31, 2027 $4.45 July 31, 2018 $3.28 January 31, 2028 $4.45 4.56 October 31, 2018 $3.39 October 31, 2029 $4.68 January 31, 2019 $3.39 January 31, 2030 $4.68 April 30, 2028 2019 $4.45 January 3.39 April 30, 2030 $4.68 July 31, 2019 $3.39 July 31, 2028 2030 $4.45 April 30, 2019 $3.39 October 31, 2028 $4.56 July 31, 2019 $3.39 January 31, 2029 $4.56 4.68 October 31, 2019 $3.51 October 31, 2030 $4.80 January 31, 2020 $3.51 January 31, 2031 $4.80 April 30, 2029 2020 $4.56 January 3.51 April 30, 2031 $4.80 July 31, 2020 $3.51 July 31, 2029 2031 $4.56 April 30, 2020 $3.51 October 31, 2029 $4.68 July 31, 2020 $3.51 January 31, 2030 $4.68 4.80 October 31, 2020 $3.63 October 31, 2031 $4.92 January 31, 2021 $3.63 January 31, 2032 $4.92 April 30, 2030 2021 $4.68 January 3.63 April 30, 2032 $4.92 July 31, 2021 $3.63 July 31, 2030 2032 $4.68 April 30, 2021 $3.63 October 31, 2030 $4.80 July 31, 2021 $3.63 January 31, 2031 $4.804.92

Contingent Cash Interest. Subject to the record date provisions specified in this paragraph 5, the Issuers shall pay, jointly and severally, pay contingent cash interest (“"Contingent Cash Interest”") to the Holder of this Security during any six-month period (each a “"Contingent Interest Period”") from February 8 June 16 to August 7 December 15 or from August 8 December 16 to February 7June 15, commencing on or after February 8June 16, 20122010, if the average of the LYON Zero Coupon Zero Yield Convertible Note Market Prices for each of the days in the Five-Day Period with respect to such Contingent Interest Period equals or exceeds 120% of the Issue Price Initial Principal Amount at Maturity of this Security. Contingent Cash Interest, if any, will accrue from the first day of the applicable six-month period and be payable quarterly on January 31, April 30, July 31 June 15 and October 31 (each a “Contingent Interest Payment Date”) December 15 of the relevant six-month period to Holders of the Security on the record date, which will be each April 15, July 15, October 15 and January 15, the immediately preceding June 1 and December 1 of each applicable payment date set forth belowsix-month period. For any six-month period, the amount of Contingent Cash Interest payable on any Contingent Interest Payment Date per $1,000 Issue Price thereof Initial Principal Amount at Maturity hereof in respect of any Contingent Interest Period shall equal the amounts set forth below per $1,000 Issue Price Initial Principal Amount at Maturity for each applicable six-month period. Semi- Semi- Payment Date Quarterly annual Interest Payment Date Quarterly annual Interest April 30------------ --------------- ------------ --------------- December 15, 2010 $5.25 December 15, 2024 $8.75 June 15, 2011 $5.50 June 15, 2025 $9.00 December 15, 2011 $5.50 December 15, 2025 $9.00 June 15, 2012 $2.57 October 315.75 June 15, 2026 $9.25 December 15, 2012 $5.75 December 15, 2026 $9.25 June 15, 2013 $6.00 June 15, 2027 $9.50 December 15, 2013 $6.00 December 5, 2027 $9.50 June 15, 2014 $6.25 June 15, 2028 $9.75 December 15, 2014 $6.25 December 15, 2028 $9.75 June 15, 2015 $6.50 June 15, 2029 $10.00 December 15, 2015 $6.50 December 15, 2029 $10.00 June 15, 2016 $6.75 June 15, 2030 $10.25 December 15, 2016 $6.75 December 15, 2030 $10.25 June 15, 2017 $7.00 June 15, 2031 $10.50 December 15, 2017 $7.00 December 15, 2031 $10.50 June 15, 2018 $7.25 June 15, 2032 $10.75 December 15, 2018 $7.25 December 15, 2032 $10.75 June 15, 2019 $7.50 June 15, 2033 $11.00 December 15, 2019 $7.50 December 15, 2033 $11.00 June 15, 2020 $7.75 June 15, 2034 $11.25 December 15, 2020 $7.75 December 15, 2034 $11.25 June 15, 2021 $3.75 July 318.00 June 15, 2012 2035 $2.57 January 3111.50 December 15, 2021 $8.00 December 15, 2035 $11.50 June 15, 2022 $3.75 October 318.25 June 15, 2012 2036 $2.69 April 3011.75 December 15, 2022 $3.75 January 318.25 December 15, 2013 2036 $2.69 July 31, 2022 $3.75 April 30, 2013 $2.69 October 31, 2022 $3.86 July 31, 2013 $2.69 January 3111.75 June 15, 2023 $3.86 October 318.50 June 15, 2013 2037 $2.81 April 3012.00 December 15, 2023 $3.86 January 318.50 December 15, 2014 2037 $2.81 July 31, 2023 $3.86 April 30, 2014 $2.81 October 31, 2023 $3.98 July 31, 2014 $2.81 January 3112.00 June 15, 2024 $3.98 October 318.75 June 15, 2014 2038 $2.93 April 30, 2024 $3.98 January 31, 2015 $2.93 July 31, 2024 $3.98 April 30, 2015 $2.93 October 31, 2024 $4.10 July 31, 2015 $2.93 January 31, 2025 $4.10 October 31, 2015 $3.04 April 30, 2025 $4.10 January 31, 2016 $3.04 July 31, 2025 $4.10 April 30, 2016 $3.04 October 31, 2025 $4.21 July 31, 2016 $3.04 January 31, 2026 $4.21 October 31, 2016 $3.16 April 30, 2026 $4.21 January 31, 2017 $3.16 July 31, 2026 $4.21 April 30, 2017 $3.16 October 31, 2026 $4.33 July 31, 2017 $3.16 January 31, 2027 $4.33 October 31, 2017 $3.28 April 30, 2027 $4.33 January 31, 2018 $3.28 July 31, 2027 $4.33 April 30, 2018 $3.28 October 31, 2027 $4.45 July 31, 2018 $3.28 January 31, 2028 $4.45 October 31, 2018 $3.39 April 30, 2028 $4.45 January 31, 2019 $3.39 July 31, 2028 $4.45 April 30, 2019 $3.39 October 31, 2028 $4.56 July 31, 2019 $3.39 January 31, 2029 $4.56 October 31, 2019 $3.51 April 30, 2029 $4.56 January 31, 2020 $3.51 July 31, 2029 $4.56 April 30, 2020 $3.51 October 31, 2029 $4.68 July 31, 2020 $3.51 January 31, 2030 $4.68 October 31, 2020 $3.63 April 30, 2030 $4.68 January 31, 2021 $3.63 July 31, 2030 $4.68 April 30, 2021 $3.63 October 31, 2030 $4.80 July 31, 2021 $3.63 January 31, 2031 $4.8012.25

Contingent Cash Interest. Subject to the record date provisions specified in this paragraph 5, the Issuers shall pay, jointly and severally, pay contingent cash interest (“Contingent Cash Interest”) to the Holder of this Security during any six-month period (each a “Contingent Interest Period”) from February 8 June 16 to August 7 December 15 or from August 8 December 16 to February 7June 15, commencing on or after February 8June 16, 2012, 2014 if the average of the LYON Zero Coupon Zero Yield Convertible Note Market Prices for each of the days in the Five-Day Period with respect to such Contingent Interest Period equals or exceeds 120% of the Issue Price Initial Principal Amount at Maturity of this Security. Contingent Cash Interest, if any, will accrue from the first day of the applicable six-month period and be payable quarterly on January 31, April 30, July 31 June 15 and October 31 (each a “Contingent Interest Payment Date”) December 15 of the relevant six-month period to Holders of the Security on the record date, which will be each April 15, July 15, October 15 and January 15, the immediately preceding June 1 and December 1 of each applicable payment date set forth belowsix-month period. For any six-month period, the amount of Contingent Cash Interest payable on any Contingent Interest Payment Date per $1,000 Issue Price thereof Initial Principal Amount at Maturity hereof in respect of any Contingent Interest Period shall equal the amounts set forth below per $1,000 Issue Price Initial Principal Amount at Maturity for each applicable six-month period. Semi- annual Semi-annual Payment Date Quarterly Interest Payment Date Quarterly Interest April 30June 15, 2012 2014 $2.57 October 316.25 December 15, 2026 $9.25 December 15, 2014 $6.25 June 15, 2027 $9.50 June 15, 2015 $6.50 December 15, 2027 $9.50 December 15, 2015 $6.50 June 15, 2028 $9.75 June 15, 2016 $6.75 December 15, 2028 $9.75 December 15, 2016 $6.75 June 15, 2029 $10.00 June 15, 2017 $7.00 December 15, 2029 $10.00 December 15, 2017 $7.00 June 15, 2030 $10.25 June 15, 2018 $7.25 December 15, 2030 $10.25 December 15, 2018 $7.25 June 15, 2031 $10.50 June 15, 2019 $7.50 December 15, 2031 $10.50 December 15, 2019 $7.50 June 15, 2032 $10.75 June 15, 2020 $7.75 December 15, 2032 $10.75 December 15, 2020 $7.75 June 15, 2033 $11.00 June 15, 2021 $3.75 July 318.00 December 15, 2012 2033 $2.57 January 3111.00 December 15, 2021 $8.00 June 15, 2034 $11.25 June 15, 2022 $3.75 October 318.25 December 15, 2012 2034 $2.69 April 3011.25 December 15, 2022 $3.75 January 318.25 June 15, 2013 2035 $2.69 July 31, 2022 $3.75 April 30, 2013 $2.69 October 31, 2022 $3.86 July 31, 2013 $2.69 January 3111.50 June 15, 2023 $3.86 October 318.50 December 15, 2013 2035 $2.81 April 3011.50 December 15, 2023 $3.86 January 318.50 June 15, 2014 2036 $2.81 July 31, 2023 $3.86 April 30, 2014 $2.81 October 31, 2023 $3.98 July 31, 2014 $2.81 January 3111.75 June 15, 2024 $3.98 October 318.75 December 15, 2014 2036 $2.93 April 3011.75 December 15, 2024 $3.98 January 318.75 June 15, 2015 2037 $2.93 July 31, 2024 $3.98 April 30, 2015 $2.93 October 31, 2024 $4.10 July 31, 2015 $2.93 January 3112.00 June 15, 2025 $4.10 October 319.00 December 15, 2015 2037 $3.04 April 3012.00 10 December 15, 2025 $4.10 January 319.00 June 15, 2016 2038 $3.04 July 31, 2025 $4.10 April 30, 2016 $3.04 October 31, 2025 $4.21 July 31, 2016 $3.04 January 3112.25 June 15, 2026 $4.21 October 31, 2016 $3.16 April 30, 2026 $4.21 January 31, 2017 $3.16 July 31, 2026 $4.21 April 30, 2017 $3.16 October 31, 2026 $4.33 July 31, 2017 $3.16 January 31, 2027 $4.33 October 31, 2017 $3.28 April 30, 2027 $4.33 January 31, 2018 $3.28 July 31, 2027 $4.33 April 30, 2018 $3.28 October 31, 2027 $4.45 July 31, 2018 $3.28 January 31, 2028 $4.45 October 31, 2018 $3.39 April 30, 2028 $4.45 January 31, 2019 $3.39 July 31, 2028 $4.45 April 30, 2019 $3.39 October 31, 2028 $4.56 July 31, 2019 $3.39 January 31, 2029 $4.56 October 31, 2019 $3.51 April 30, 2029 $4.56 January 31, 2020 $3.51 July 31, 2029 $4.56 April 30, 2020 $3.51 October 31, 2029 $4.68 July 31, 2020 $3.51 January 31, 2030 $4.68 October 31, 2020 $3.63 April 30, 2030 $4.68 January 31, 2021 $3.63 July 31, 2030 $4.68 April 30, 2021 $3.63 October 31, 2030 $4.80 July 31, 2021 $3.63 January 31, 2031 $4.809.25