Common use of Exercise of Optional Amount Clause in Contracts

Exercise of Optional Amount. If granted by the Company to the Investor with respect to a Pricing Period, all or any portion of the Optional Amount may be exercised by the Investor on any one or more Trading Days during the Pricing Period. The applicable exercise price in respect of such Optional Amount shall be equal to the quotient determined by multiplying B and C in Section 2.10; provided, however, that if an ex-dividend date is established by the Trading Market in respect of the Common Stock on or between the first Trading Day of the applicable Pricing Period and the applicable Settlement Date, the applicable exercise price in respect of the Optional Amount shall be reduced by the per share dividend amount. The Investor shall deliver to the Company, via facsimile or e-mail transmission, not later than 8:00 p.m. (New York time) on the last Trading Day of the applicable Pricing Period, an Optional Amount Notice, substantially in the form attached hereto as Exhibit B (the "Optional Amount Notice"), which shall specify, among other things, (i) the total Optional Amount Exercise Amount, (ii) the number of Shares, if any, to be purchased in respect of such exercises of all or any portion of the Optional Amount and (iii) the applicable exercise price(s) in respect of such exercises of all or any portion of the Optional Amount. If the Investor does not exercise an Optional Amount in full by 8:00 p.m. (New York time) on the last Trading Day of the applicable Pricing Period, such unexercised portion of the Investor's Optional Amount with respect to that Pricing Period automatically shall lapse and terminate.