Common use of Optional Increase in Minimum Purchase Price and Class A Common Shares Clause in Contracts

Optional Increase in Minimum Purchase Price and Class A Common Shares. In addition to the provisions of Section 2.1.3 and Section 2.1.4 above, the Purchaser shall have the right, but not the obligation, upon not less than five (5) Business Days prior written notice to the Company, to increase the Closing Payment payable on the Closing Date to any amount, up to the $270,000,000 Maximum Purchase Price, and receive in exchange therefore: (a) that number of Class A Common Shares of the Company as shall be determined by dividing such Purchaser’s Closing Payment, as so increased, by the Per Share Price then in effect, and/or (b) if the Purchaser shall have elected Stock Purchase Plan B prior to the Closing Date (as contemplated by Section 2.2.2 below), that number of shares of Series A Preferred Shares as shall be determined by dividing the dollar amount of such Series A Preferred Shares to be purchased, by a price of $10.00 per Series A Preferred Share.