Common use of Payment by Issuance of Shares Clause in Contracts

Payment by Issuance of Shares. On the 2004 and 2006 Purchase ----------------------------- Dates, if the Purchase Price of Notes in respect of which a Purchase Notice pursuant to Section 3.07(a) has been given, or a specified percentage thereof, is paid by the Company by the issuance of Shares, the number of Shares shall equal the quotient obtained by dividing (i) the amount of cash to which the Holders would have been entitled had the Company elected to pay all or such specified percentage, as the case may be, of the Purchase Price of such Notes in cash by (ii) 95% of the Market Price of a Share, subject to the next succeeding paragraph. The Company may not issue a fractional Share in payment of the Purchase Price. Instead the Company shall pay cash for the current market value of the fractional Share. The current market value of a fraction of a Share shall be determined, to the nearest 1/1,000th of a Share, by multiplying the Market Price by such fraction and rounding the product to the nearest whole cent. It is understood that if a Holder elects to have more than one Note purchased, the number of Shares shall be based on the aggregate amount of Notes to be purchased. The Company's right to purchase the Notes on the 2004 and/or 2006 Purchase Dates pursuant to Section 3.07 through the issuance of Shares shall be conditioned upon:

Payment by Issuance of Shares. On each Purchase Date, at the 2004 and 2006 Purchase ----------------------------- Datesoption of the Issuer, if the Purchase Price of Notes Securities in respect of which a Purchase Notice pursuant to Section 3.07(a3.08(a) has been given, or a specified percentage thereof, is may be paid by the Company Issuer by the issuance of Shares, the a number of Shares shall equal to the quotient obtained by dividing (i) the amount of 31 cash to which the Holders Securityholders would have been entitled had the Company Issuer elected to pay all or such specified percentage, as the case may be, of the Purchase Price of such Notes Securities in cash by (ii) 95% of the Market Price of a Share, subject to the next succeeding paragraph. The Company Issuer may not issue a fractional Share in payment of the Purchase Price. Instead the Company Issuer shall pay cash for the current market value of the fractional Share. The current market value of a fraction of a Share shall be determined, to the nearest 1/1,000th of a Share, by multiplying the Market Price by such fraction and rounding the product to the nearest whole cent. It is understood that if a Holder elects to have more than one Note Security purchased, the number of Shares shall be based on the aggregate amount of Notes Securities to be purchased. The CompanyIssuer's right to exercise its election to purchase the Notes on the 2004 and/or 2006 Purchase Dates Securities pursuant to Section 3.07 3.08 through the issuance of Shares shall be conditioned upon:

Payment by Issuance of Shares. On the 2004 and 2006 Purchase ----------------------------- Dates, if If the Purchase Price of Notes in respect of which a Purchase Notice pursuant to Section 3.07(a) has been given, or a specified percentage thereof, is paid by the Company by the issuance of Shares, the number of Shares shall equal the quotient obtained by dividing (i) the amount of cash to which the Holders would have been entitled had the Company elected to pay all or such specified percentage, as the case may be, of the Purchase Price of such Notes in cash by (ii) 95100% of the Market Price of a Share, subject to the next succeeding paragraph. The Company may not issue a fractional Share in payment of the Purchase Price. Instead the Company shall pay cash for the current market value of the fractional Share. The current market value of a fraction of a Share shall be determined, to the nearest 1/1,000th of a Share, by multiplying the Market Price by such fraction and rounding the product to the nearest whole cent. It is understood that if a Holder elects to have more than one Note purchased, the number of Shares shall be based on the aggregate amount of Notes to be purchased. The Company's right to purchase the Notes on the 2004 and/or 2006 Purchase Dates pursuant to Section 3.07 through the issuance of Shares shall be conditioned upon:

Payment by Issuance of Shares. On each Purchase Date, at the 2004 and 2006 Purchase ----------------------------- Datesoption of the Issuer, if the Purchase Price of Notes Securities in respect of which a Purchase Notice pursuant to Section 3.07(a) has been given, or a specified percentage thereof, is may be paid by the Company Issuer by the issuance of Shares, the a number of Shares shall equal to the quotient obtained by dividing (i) the amount of cash to which the Holders Securityholders would have been entitled had the Company Issuer elected to pay all or such specified percentage, as the case may be, of the Purchase Price of such Notes Securities in cash by (ii) 95% of the Market Price of a Share, subject to the next succeeding paragraph. The Company Issuer may not issue a fractional Share in payment of the Purchase Price. Instead the Company Issuer shall pay cash for the current market value of the fractional Share. The current market value of a fraction of a Share shall be determined, to the nearest 1/1,000th of a Share, by multiplying the Market Price by such fraction and rounding the product to the nearest whole cent. It is understood that if a Holder elects to have more than one Note Security purchased, the number of Shares shall be based on the aggregate amount of Notes Securities to be purchased. The CompanyIssuer's right to exercise its election to purchase the Notes on the 2004 and/or 2006 Purchase Dates Securities pursuant to Section 3.07 through the issuance of Shares shall be conditioned upon:

Payment by Issuance of Shares. On each Purchase Date, at the 2004 and 2006 Purchase ----------------------------- Datesoption of the Issuer, if the Purchase Price of Notes Securities in respect of which a Purchase Notice pursuant to Section 3.07(a3.08(a) has been given, or a specified percentage thereof, is may be paid by the Company Issuer by the issuance of Shares, the a number of Shares shall equal to the quotient obtained by dividing (i) the amount of cash to which the Holders Securityholders would have been entitled had the Company Issuer elected to pay all or such specified percentage, as the case may be, of the Purchase Price of such Notes Securities in cash by (ii) 95% of the Market Price of a Share, subject to the next succeeding paragraph. The Company Issuer may not issue a fractional Share in payment of the Purchase Price. Instead the Company Issuer shall pay cash for the current market value of the fractional Share. The current market value of a fraction of a Share shall be determined, to the nearest 1/1,000th of a Share, by multiplying the Market Price by such fraction and rounding the product to the nearest whole cent. It is understood that if a Holder elects to have more than one Note Security purchased, the number of Shares shall be based on the aggregate amount of Notes Securities to be purchased. The CompanyIssuer's right to exercise its election to purchase the Notes on the 2004 and/or 2006 Purchase Dates Securities pursuant to Section 3.07 3.08 through the issuance of Shares shall be conditioned upon: