Common use of Maximum Share Delivery Clause in Contracts

Maximum Share Delivery. (i) Notwithstanding any provision of this Confirmation (other than this Section 8(p)), the Agreement or the Equity Definitions, in no event will Company at any time be required to deliver a number of Shares greater than 345,422 (the “Maximum Number of Shares”) to Dealer in connection with the Transaction. The Maximum Number of Shares shall only be subject to adjustment on account of (x) Potential Adjustment Events of the type specified in (1) Section 11.2(e)(i) through (vi) of the Equity Definitions or (2) Section 11.2(e)(vii) of the Equity Definitions as long as, in the case of this sub-clause (2), such event is within Issuer’s control, (y) Merger Events requiring corporate action of the Issuer and (z) Announcement Events that are not outside the Issuer’s control. Any Payment Obligation hereunder shall be calculated without regard to the Maximum Number of Shares; provided that, for the avoidance of doubt, the number of Shares deliverable under Section 9(i) shall be limited to the Maximum Number of Shares.

Maximum Share Delivery. (i) Notwithstanding any provision of this Confirmation (other than this Section 8(p)), the Agreement or the Equity Definitions, in no event will Company at any time be required to deliver a number of Shares greater than 345,422 2,302,820 (the “Maximum Number of Shares”) to Dealer in connection with the Transaction. The Maximum Number of Shares shall only be subject to adjustment on account of (x) Potential Adjustment Events of the type specified in (1) Section 11.2(e)(i) through (vi) of the Equity Definitions or (2) Section 11.2(e)(vii) of the Equity Definitions as long as, in the case of this sub-clause (2), such event is within Issuer’s control, (y) Merger Events requiring corporate action of the Issuer and (z) Announcement Events that are not outside the Issuer’s control. Any Payment Obligation hereunder shall be calculated without regard to the Maximum Number of Shares; provided that, for the avoidance of doubt, the number of Shares deliverable under Section 9(i) shall be limited to the Maximum Number of Shares.

Maximum Share Delivery. (i) Notwithstanding any provision of this Confirmation (other than this Section 8(p)), the Agreement or the Equity Definitions, in no event will Company at any time be required to deliver a number of Shares greater than 345,422 4,605,642 (the “Maximum Number of Shares”) to Dealer in connection with the Transaction. The Maximum Number of Shares shall only be subject to adjustment on account of (x) Potential Adjustment Events of the type specified in (1) Section 11.2(e)(i) through (vi) of the Equity Definitions or (2) Section 11.2(e)(vii) of the Equity Definitions as long as, in the case of this sub-clause (2), such event is within Issuer’s control, (y) Merger Events requiring corporate action of the Issuer and (z) Announcement Events that are not outside the Issuer’s control. Any Payment Obligation hereunder shall be calculated without regard to the Maximum Number of Shares; provided that, for the avoidance of doubt, the number of Shares deliverable under Section 9(i) shall be limited to the Maximum Number of Shares.

Maximum Share Delivery. (i) Notwithstanding any provision of this Confirmation (other than this Section 8(p)), the Agreement or the Equity Definitions, in no event will Company at any time be required to deliver a number of Shares greater than 345,422 690,846 (the “Maximum Number of Shares”) to Dealer in connection with the Transaction. The Maximum Number of Shares shall only be subject to adjustment on account of (x) Potential Adjustment Events of the type specified in (1) Section 11.2(e)(i) through (vi) of the Equity Definitions or (2) Section 11.2(e)(vii) of the Equity Definitions as long as, in the case of this sub-clause (2), such event is within Issuer’s control, (y) Merger Events requiring corporate action of the Issuer and (z) Announcement Events that are not outside the Issuer’s control. Any Payment Obligation hereunder shall be calculated without regard to the Maximum Number of Shares; provided that, for the avoidance of doubt, the number of Shares deliverable under Section 9(i) shall be limited to the Maximum Number of Shares.