Common use of Settlement Election Clause in Contracts

Settlement Election. All conversions occurring on or after [three months prior to maturity], 20[ ] shall be settled using the same Settlement Method. Prior to [three months prior to maturity], 20[ ], the Company will use the same Settlement Method for all conversions occurring on the same Conversion Date, but the Company shall not have any obligation to use the same Settlement Method with respect to conversions that occur on different Conversion Dates. If the Company elects a Settlement Method (a “Settlement Election”) and a Specified Dollar Amount, if applicable (a “Specified Dollar Amount Election”), the Company shall provide to the Holders so converting, the Trustee and the Conversion Agent a notice of such Settlement Method (each such notice, a “Settlement Election Notice”) or such Specified Dollar Amount (each such notice, a “Specified Dollar Amount Election Notice”), no later than the Close of Business on the second Trading Day immediately following the related Conversion Date (or, in the case of any conversions occurring on or after [three months prior to maturity] , 20[ ], no later than [three months prior to maturity], 20[ ]). If the Company does not timely elect a Settlement Method, the Company shall no longer have the right to elect Cash Settlement or Physical Settlement, and the Company shall be deemed to have elected Combination Settlement in respect of its Conversion Obligation, and the Specified Dollar Amount per $100 principal amount of Notes shall be deemed to be $100. If the Company elects Combination Settlement but does not timely notify converting Holders of the Specified Dollar Amount per $100 principal amount of Notes, such Specified Dollar Amount will be deemed to be $100. In addition, the Company may, prior to [three months prior to maturity], 20[ ], at its option, irrevocably elect Combination Settlement with a particular Specified Dollar Amount for all conversions subsequent to its notice to Holders thereof by notice of such election to Holders, the Trustee and the Conversion Agent.

Settlement Election. All conversions occurring on or after [three months prior to maturity], 20[ ] 2020 shall be settled using the same Settlement Method. Prior to [three to[three months prior to maturity], 20[ ]2020, the Company will use the same Settlement Method for all conversions occurring on the same Conversion Date, but the Company shall not have any obligation to use the same Settlement Method with respect to conversions that occur on different Conversion Dates. If the Company elects a Settlement Method (a “Settlement Election”) and a Specified Dollar Amount, if applicable (a “Specified Dollar Amount Election”), the Company shall provide to the Holders so converting, the Trustee and the Conversion Agent a notice of such Settlement Method (each such notice, a “Settlement Election Notice”) or such Specified Dollar Amount (each such notice, a “Specified Dollar Amount Election Notice”), no later than the Close of Business on the second Trading Day immediately following the related Conversion Date (or, in the case of any conversions occurring on or after [three after[three months prior to maturity] , 20[ ]2020, no later than [three months prior to maturity], 20[ ]2020). If the Company does not timely elect a Settlement Method, the Company shall no longer have the right to elect Cash Settlement or Physical Settlement, and the Company shall be deemed to have elected Combination Settlement in respect of its Conversion Obligation, and the Specified Dollar Amount per $100 principal amount of Notes shall be deemed to be $100. If the Company elects Combination Settlement but does not timely notify converting Holders of the Specified Dollar Amount per $100 principal amount of Notes, such Specified Dollar Amount will be deemed to be $100. In addition, the Company may, prior to [three months prior to maturity], 20[ ]2020, at its option, irrevocably elect Combination Settlement with a particular Specified Dollar Amount for all conversions subsequent to its notice to Holders thereof by notice of such election to Holders, the Trustee and the Conversion Agent.

Settlement Election. All The Issuer shall from time to time make an election with respect to the Settlement Method (a “Settlement Election”) and the Specified Dollar Amount (a “Specified Dollar Amount Election”), if applicable, it chooses to satisfy its conversion obligation under Section 4.01 hereof. The Issuer shall provide notice of the Settlement Method it is electing in respect of any conversion of Notes on a particular Conversion Date (each such notice, a “Settlement Election Notice”) and, if applicable, notice of the related Specified Dollar Amount (each such notice, a “Specified Dollar Amount Election Notice”) (which may be part of the Settlement Election Notice), to the converting Holders through the Trustee no later than the Close of Business on the Trading Day immediately following such Conversion Date (or, in the case of any conversions occurring for which the relevant Conversion Date occurs on or after [three months prior October 15, 2020, no later than the Close of Business on the Scheduled Trading Day immediately preceding October 15, 2020). If the Issuer does not timely make a Settlement Election, it shall no longer have the right to maturity]elect Cash Settlement or Physical Settlement, 20[ ] and the Issuer shall be deemed to have elected Combination Settlement in respect of its conversion obligation under Section 4.01 hereof and the Specified Dollar Amount shall be deemed to equal $1,000. If the Issuer makes a Settlement Election specifying Combination Settlement in respect of its conversion obligation under Section 4.01 hereof, but does not make a Specified Dollar Amount Election or timely notify the converting Holders of the Specified Dollar Amount, the Specified Dollar Amount shall be deemed to equal $1,000. All conversions for which the relevant Conversion Date occurs on or after October 15, 2020 shall be settled using the same Settlement Method. Prior to [three months prior to maturity]October 15, 20[ ]2020, the Company will Issuer shall use the same Settlement Method for all conversions occurring on the same Conversion Date, but the Company shall it will not have any obligation to use the same Settlement Method with respect to conversions that occur on different Conversion Dates. If the Company elects a Settlement Method (a “Settlement Election”) and a Specified Dollar Amount, if applicable (a “Specified Dollar Amount Election”), the Company shall provide to the Holders so converting, the Trustee and the Conversion Agent a notice of such Settlement Method (each such notice, a “Settlement Election Notice”) or such Specified Dollar Amount (each such notice, a “Specified Dollar Amount Election Notice”), no later than the Close of Business on the second Trading Day immediately following the related Conversion Date (or, in the case of any conversions occurring on or after [three months prior to maturity] , 20[ ], no later than [three months prior to maturity], 20[ ]). If the Company does not timely elect a Settlement Method, the Company shall no longer have the right to elect Cash Settlement or Physical Settlement, and the Company shall be deemed to have elected Combination Settlement in respect of its Conversion Obligation, and the Specified Dollar Amount per $100 principal amount of Notes shall be deemed to be $100. If the Company elects Combination Settlement but does not timely notify converting Holders of the Specified Dollar Amount per $100 principal amount of Notes, such Specified Dollar Amount will be deemed to be $100. In addition, the Company may, prior to [three months prior to maturity], 20[ ], at its option, irrevocably elect Combination Settlement with a particular Specified Dollar Amount for all conversions subsequent to its notice to Holders thereof by notice of such election to Holders, the Trustee and the Conversion AgentDays.

Settlement Election. All conversions occurring on or after [three months prior to maturity]September 15, 20[ ] 2023 shall be settled using the same Settlement Method. Prior to [three months prior to maturity]September 15, 20[ ]2023, the Company will use the same Settlement Method for all conversions occurring on the same Conversion Date. In addition, but the Company will use the same Settlement Method for all conversions that occur during the applicable Redemption Period, as specified in the Redemption Notice. Except for any conversions that occur (i) on or after September 15, 2023, or (ii) during any Redemption Period, the Company shall not have any obligation to use the same Settlement Method with respect to conversions that occur on different Conversion Dates. If the Company elects a Settlement Method (a “Settlement Election”) ), unless the Conversion Date occurs during any Redemption Period, and a Specified Dollar Amount, if applicable (a “Specified Dollar Amount Election”), the Company shall provide to the Holders so converting, converting and the Trustee and the Conversion Agent a notice of such Settlement Method (each such notice, a “Settlement Election Notice”) or such Specified Dollar Amount (each such notice, a “Specified Dollar Amount Election Notice”), no later than the Close of Business on the second Scheduled Trading Day immediately following the related Conversion Date (or, in the case of any conversions occurring on or after [three months prior to maturity] September 15, 20[ ]2023, no later than [three months prior to maturity]September 15, 20[ ]2023). If the Company does not timely elect a Settlement Method, the Company shall no longer have the right to elect Cash Settlement or Physical Settlement, and the Company shall be deemed to have elected Combination Settlement in respect of its Conversion Obligationconversion obligation under Section 4.03 hereof, and the Specified Dollar Amount per $100 1,000 principal amount of Notes shall be deemed to be $1001,000. If the Company elects Combination Settlement but does not timely notify converting Holders of the Specified Dollar Amount per $100 1,000 principal amount of Notes, such Specified Dollar Amount will be deemed to be $100. In addition, the Company may, prior to [three months prior to maturity], 20[ ], at its option, irrevocably elect Combination Settlement with a particular Specified Dollar Amount for all conversions subsequent to its notice to Holders thereof by notice of such election to Holders, the Trustee and the Conversion Agent1,000.

Settlement Election. All If the Company has received the Stockholders Approval prior to the relevant Settlement Method Election Date, all conversions occurring on or after [three months prior to maturity], 20[ ] the 25th Scheduled Trading Day immediately preceding the Maturity Date shall be settled using by the same Settlement Method. Prior to [three months prior to maturity], 20[ ]the 25th Scheduled Trading Day immediately preceding the Maturity Date, the Company will use the same Settlement Method for all conversions occurring on the same Conversion Date, but the Company shall not have any obligation to use the same Settlement Method with respect to conversions that occur on different Conversion Dates, subject to the limitation set forth Section 4.03(a)(ii) if the Company has not received the Stockholders Approval prior to the relevant Settlement Method Election Date. If the Company elects a Settlement Method (a “Settlement Election”) and a Specified Dollar Amount, if applicable (a “Specified Dollar Amount Election”), the Company shall provide to the Holders of Notes so converting, converting through the Trustee and the Conversion Agent a notice of such Settlement Method (each such notice, a “Settlement Election Notice”) or such Specified Dollar Amount (each such notice, a “Specified Dollar Amount Election Notice”), (x) no later than the Close of Business on the second Trading Business Day immediately following the related Conversion Date or (or, y) in the case of any conversions occurring on or after [three months prior to maturity] , 20[ ]the 25th Scheduled Trading Day immediately preceding the Maturity Date, no later than [three months the Close of Business on the Business Day immediately prior to maturity], 20[ ]the 25th Scheduled Trading Day immediately preceding the Maturity Date (the “Settlement Method Election Date”). If In the event that the Company has received the Stockholders Approval prior to the relevant Settlement Method Election Date, if the Company does not timely elect a Settlement MethodMethod on or prior to the relevant Settlement Method Election Date, the Company shall no longer have the right to elect Cash Settlement or Physical Settlement, and the Company shall be deemed to have elected Combination Settlement in respect of its Conversion Obligation, and the Specified Dollar Amount per $100 1,000 principal amount of Notes converted shall be deemed to be $1001,000. If the Company has received the Stockholders Approval prior to the relevant Settlement Method Election Date, and the Company elects Combination Settlement but does not timely notify Holders of Notes so converting Holders of the Specified Dollar Amount per $100 1,000 principal amount of NotesNotes on or prior to the relevant Settlement Method Election Date, such Specified Dollar Amount will be deemed to be $1001,000. 44 In addition, if the Company has received the Stockholders Approval prior to the relevant Settlement Election Date, the Company may, prior to [three months prior to maturity], 20[ ], at its option, irrevocably elect Combination Settlement with a particular Specified Dollar Amount for all conversions with a Conversion Date subsequent to its notice to Holders thereof by notice of such election to Holders, the Trustee and the Conversion Agent.

Settlement Election. All conversions occurring on or after [three months prior to maturity]October 15, 20[ ] 2019 shall be settled using the same Settlement Method. Prior to [three months prior to maturity]October 15, 20[ ]2019, the Company will use the same Settlement Method for all conversions occurring on the same Conversion Date, but the Company shall not have any obligation to use the same Settlement Method with respect to conversions that occur on different Conversion Dates. If the Company elects a Settlement Method (a “Settlement Election”) and a Specified Dollar Amount, if applicable (a “Specified Dollar Amount Election”), the Company shall provide to the Holders so converting, converting through the Trustee and the Conversion Agent a notice of such Settlement Method (each such notice, a “Settlement Election Notice”) or such Specified Dollar Amount (each such notice, a “Specified Dollar Amount Election Notice”), no later than the Close of Business on the second Trading Day immediately following the related Conversion Date (or, in the case of any conversions occurring on or after [three months prior to maturity] October 15, 20[ ]2019, no later than [three months prior to maturity]October 15, 20[ ]2019). If the Company does not timely elect a Settlement Method, the Company shall no longer have the right to elect Cash Settlement or Physical Settlement, and the Company shall be deemed to have elected Combination Settlement in respect of its Conversion Obligation, and the Specified Dollar Amount per $100 1,000 principal amount of Notes shall be deemed to be $1001,000. If the Company elects Combination Settlement but does not timely notify converting Holders of the Specified Dollar Amount per $100 1,000 principal amount of Notes, such Specified Dollar Amount will be deemed to be $1001,000. In addition, the Company may, prior to [three months prior to maturity]October 15, 20[ ]2019, at its option, irrevocably elect Combination Settlement with a particular Specified Dollar Amount for all conversions subsequent to its notice to Holders thereof by notice of such election to Holders, the Trustee and the Conversion Agent.. NY\6371365.3

Settlement Election. All conversions occurring on or after [three months prior to maturity]March 1, 20[ ] 2025 shall be settled using the same Settlement Method. Prior to [three months prior to maturity]March 1, 20[ ]2025, the Company will use the same Settlement Method for all conversions occurring on the same Conversion Date, but the Company shall not have any obligation to use the same Settlement Method with respect to conversions that occur on different Conversion Dates. If the Company elects a Settlement Method (a “Settlement Election”) and a Specified Dollar Amount, if applicable (a “Specified Dollar Amount Election”), the Company shall provide to the Holders so converting, converting through the Trustee and the Conversion Agent a notice of such Settlement Method (each such notice, a “Settlement Election Notice”) or such Specified Dollar Amount (each such notice, a “Specified Dollar Amount Election Notice”), no later than the Close of Business on the second Trading Day immediately following the related Conversion Date (or, in the case of any conversions occurring on or after [three months prior to maturity] March 1, 20[ ]2025, no later than [three months prior to maturity]March 1, 20[ ]2025). If the Company does not timely elect a Settlement Method, the Company shall no longer have the right to elect Cash Settlement or Physical Settlement, and the Company shall be deemed to have elected Combination Settlement in respect of its Conversion Obligation, and the Specified Dollar Amount per $100 1,000 principal amount of Notes shall be deemed to be $1001,000. If the Company elects Combination Settlement but does not timely notify converting Holders of the Specified Dollar Amount per $100 1,000 principal amount of Notes, such Specified Dollar Amount will be deemed to be $1001,000. In addition, the Company may, prior to [three months prior to maturity]March 1, 20[ ]2025, at its option, irrevocably elect Combination Settlement with a particular Specified Dollar Amount for all conversions subsequent to its notice to Holders thereof by notice of such election to Holders, the Trustee and the Conversion Agent.

Settlement Election. All conversions occurring on or after [three months prior to maturity]September 15, 20[ ] 2027 shall be settled using the same Settlement Method. Prior to [three months prior to maturity]September 15, 20[ ]2027, the Company will use the same Settlement Method for all conversions occurring on the same Conversion Date, but the Company shall not have any obligation to use the same Settlement Method with respect to conversions that occur on different Conversion DatesTrading Days. If the Company elects a Settlement Method (a “Settlement Election”) and a Specified Dollar Amount, if applicable (a applicable(a “Specified Dollar Amount Election”), the Company shall provide to the Holders so converting, converting through the Trustee and the Conversion Agent a notice of such Settlement Method (each such notice, a “Settlement Election Notice”) or such Specified Dollar Amount (each such notice, a “Specified Dollar Amount Election Notice”), no later than the Close of Business on the second Scheduled Trading Day immediately following the related Conversion Date (or, in the case of any conversions occurring on or after [three months prior to maturity] September 15, 20[ ]2027, no later than [three months prior to maturity]September 15, 20[ ]2027). If the Company does not timely elect a Settlement Method, the Company shall no longer have the right to elect Cash Settlement or Physical Settlement, and the Company shall be deemed to have elected Combination Settlement in respect of its Conversion Obligation, and the Specified Dollar Amount per $100 1,000 principal amount of Notes shall be deemed to be $1001,000. If the Company elects Combination Settlement but does not timely notify converting Holders of the Specified Dollar Amount per $100 1,000 principal amount of Notes, such Specified Dollar Amount will be deemed to be $100. In addition, the Company may, prior to [three months prior to maturity], 20[ ], at its option, irrevocably elect Combination Settlement with a particular Specified Dollar Amount for all conversions subsequent to its notice to Holders thereof by notice of such election to Holders, the Trustee and the Conversion Agent1,000.

Settlement Election. All The Issuer shall from time to time make an election with respect to the Settlement Method (a “Settlement Election”) and the Specified Dollar Amount (a “Specified Dollar Amount Election”), if applicable, it chooses to satisfy its conversion obligation under Section 4.01 hereof. The Issuer shall provide notice of the Settlement Method it is electing in respect of any conversion of Notes on a particular Conversion Date (each such notice, a “Settlement Election Notice”) and, if applicable, notice of the related Specified Dollar Amount (each such notice, a “Specified Dollar Amount Election Notice”) (which may be part of the Settlement Election Notice), to the converting Holders through the Trustee no later than the Close of Business on the Trading Day immediately following such Conversion Date (or, in the case of any conversions occurring for which the relevant Conversion Date occurs on or after [three months prior October 15, 2017, no later than the Close of Business on the Scheduled Trading Day immediately preceding October 15, 2017). If the Issuer does not timely make a Settlement Election, it shall no longer have the right to maturity]elect Cash Settlement or Physical Settlement, 20[ ] and the Issuer shall be deemed to have elected Combination Settlement in respect of its conversion obligation under Section 4.01 hereof and the Specified Dollar Amount shall be deemed to equal $1,000. If the Issuer makes a Settlement Election specifying Combination Settlement in respect of its conversion obligation under Section 4.01 hereof, but does not make a Specified Dollar Amount Election or timely notify the converting Holders of the Specified Dollar Amount, the Specified Dollar Amount shall be deemed to equal $1,000. All conversions for which the relevant Conversion Date occurs on or after October 15, 2017 shall be settled using the same Settlement Method. Prior to [three months prior to maturity]October 15, 20[ ]2017, the Company will Issuer shall use the same Settlement Method for all conversions occurring on the same Conversion Date, but the Company shall it will not have any obligation to use the same Settlement Method with respect to conversions that occur on different Conversion Dates. If the Company elects a Settlement Method (a “Settlement Election”) and a Specified Dollar Amount, if applicable (a “Specified Dollar Amount Election”), the Company shall provide to the Holders so converting, the Trustee and the Conversion Agent a notice of such Settlement Method (each such notice, a “Settlement Election Notice”) or such Specified Dollar Amount (each such notice, a “Specified Dollar Amount Election Notice”), no later than the Close of Business on the second Trading Day immediately following the related Conversion Date (or, in the case of any conversions occurring on or after [three months prior to maturity] , 20[ ], no later than [three months prior to maturity], 20[ ]). If the Company does not timely elect a Settlement Method, the Company shall no longer have the right to elect Cash Settlement or Physical Settlement, and the Company shall be deemed to have elected Combination Settlement in respect of its Conversion Obligation, and the Specified Dollar Amount per $100 principal amount of Notes shall be deemed to be $100. If the Company elects Combination Settlement but does not timely notify converting Holders of the Specified Dollar Amount per $100 principal amount of Notes, such Specified Dollar Amount will be deemed to be $100. In addition, the Company may, prior to [three months prior to maturity], 20[ ], at its option, irrevocably elect Combination Settlement with a particular Specified Dollar Amount for all conversions subsequent to its notice to Holders thereof by notice of such election to Holders, the Trustee and the Conversion AgentDays.

Settlement Election. All conversions occurring on or after [three months prior to maturity]October 15, 20[ ] 2019 shall be settled using the same Settlement Method. Prior to [three months prior to maturity]October 15, 20[ ]2019, the Company will use the same Settlement Method for all conversions occurring on the same Conversion Date, but the Company shall not have any obligation to use the same Settlement Method with respect to conversions that occur on different Conversion Dates. If the Company elects a Settlement Method (a “Settlement Election”) and a Specified Dollar Amount, if applicable (a “Specified Dollar Amount Election”), the Company shall provide to the Holders so converting, converting through the Trustee and the Conversion Agent a notice of such Settlement Method (each such notice, a “Settlement Election Notice”) or such Specified Dollar Amount (each such notice, a “Specified Dollar Amount Election Notice”), no later than the Close of Business on the second Trading Day immediately following the related Conversion Date (or, in the case of any conversions occurring on or after [three months prior to maturity] October 15, 20[ ]2019, no later than [three months prior to maturity]October 15, 20[ ]2019). If the Company does not timely elect a Settlement Method, the Company shall no longer have the right to elect Cash Settlement or Physical Settlement, and the Company shall be deemed to have elected Combination Settlement in respect of its Conversion Obligation, and the Specified Dollar Amount per $100 1,000 principal amount of Notes shall be deemed to be $1001,000. If the Company elects Combination Settlement but does not timely notify converting Holders of the Specified Dollar Amount per $100 1,000 principal amount of Notes, such Specified Dollar Amount will be deemed to be $1001,000. In addition, the Company may, prior to [three months prior to maturity]October 15, 20[ ]2019, at its option, irrevocably elect Combination Settlement with a particular Specified Dollar Amount for all conversions subsequent to its notice to Holders thereof by notice of such election to Holders, the Trustee and the Conversion Agent.

Settlement Election. All conversions occurring on or after [three months prior to maturity], 20[ ] the 25th Scheduled Trading Day immediately preceding the Maturity Date shall be settled using by the same Settlement Method. Prior to [three months prior to maturity], 20[ ]the 25th Scheduled Trading Day immediately preceding the Maturity Date, the Company will use the same Settlement Method for all conversions occurring on the same Conversion Date, but the Company shall not have any obligation to use the same Settlement Method with respect to conversions that occur on different Conversion Dates. If the Company elects a Settlement Method (a “Settlement Election”) and a Specified Dollar Amount, if applicable (a “Specified Dollar Amount Election”), the Company shall provide to the Holders of Notes so converting, converting through the Trustee and the Conversion Agent a notice of such Settlement Method (each such notice, a “Settlement Election Notice”) or such Specified Dollar Amount (each such notice, a “Specified Dollar Amount Election Notice”), (x) no later than the Close of Business on the second Trading Business Day immediately following the related Conversion Date or (or, y) in the case of any conversions occurring on or after [three months prior to maturity] , 20[ ]the 25th Scheduled Trading Day immediately preceding the Maturity Date, no later than [three months the Close of Business on the Business Day immediately prior to maturity], 20[ ]the 25th Scheduled Trading Day immediately preceding the Maturity Date (the “Settlement Method Election Date”). If the Company does not timely elect a Settlement MethodMethod on or prior to the relevant Settlement Method Election Date, the Company shall no longer have the right to elect Cash Settlement or Physical Settlement, and the Company shall be deemed to have elected Combination Settlement in respect of its Conversion Obligation, and the Specified Dollar Amount per $100 1,000 principal amount of Notes converted shall be deemed to be $1001,000. If the Company elects Combination Settlement but does not timely notify Holders of Notes so converting Holders of the Specified Dollar Amount per $100 1,000 principal amount of NotesNotes on or prior to the relevant Settlement Method Election Date, such Specified Dollar Amount will be deemed to be $1001,000. In addition, the Company may, prior to [three months prior to maturity], 20[ ], at its option, irrevocably elect Combination Settlement with a particular Specified Dollar Amount for all conversions with a Conversion Date subsequent to its notice to Holders thereof by notice of such election to Holders, the Trustee and the Conversion Agent.

Settlement Election. All conversions occurring for which the relevant Conversion Date occurs on or after [three months March 15, 2028, and all conversions for which the relevant Conversion Date occurs after the Company’s issuance of a Redemption Notice and on or prior to maturity]the second Business Day before the related Redemption Date, 20[ ] shall be settled using the same Settlement Method; provided that if such related Redemption Date is on or after March 15, 2028, then such Settlement Method must be the same Settlement Method that applies to all conversions with a Conversion Date that occurs on or after March 15, 2028. Prior to [three months Except for any conversions for which the relevant Conversion Date occurs after the Company’s issuance of a Redemption Notice but on or prior to maturity]the second Business Day before the related Redemption Date, 20[ ]and any conversions for which the relevant Conversion Date occurs on or after March 15, 2028, the Company will shall use the same Settlement Method for all conversions occurring on the same Conversion Date, but the Company shall not have any obligation to use the same Settlement Method with respect to conversions that occur on different Conversion Dates. If the Company elects a Settlement Method (a “Settlement Election”) and a Specified Dollar Amount, if applicable (a “Specified Dollar Amount Election”), the Company shall provide to the Holders so converting, the Trustee Conversion Agent and the Conversion Agent Trustee a notice of such Settlement Method (each such notice, a “Settlement Election Notice”) or such Specified Dollar Amount (each such notice, a “Specified Dollar Amount Election Notice”)) no later than the Close of Business on the Business Day immediately following the related Conversion Date (or (x) in the Redemption Notice, if applicable or (y) in the case of any conversions occurring on or after March 15, 2028, no later than the Close of Business on the second Trading Business Day immediately following the related Conversion Date (orpreceding March 15, in the case of any conversions occurring on or after [three months prior to maturity] , 20[ ], no later than [three months prior to maturity], 20[ ])2028. If the Company does not timely elect a Settlement Method, the Company shall no longer have the right to elect Cash Settlement or Physical SettlementSettlement with respect to any conversions on such Conversion Date or during such period, as the case may be, and the Company shall be deemed to have elected Combination the Default Settlement in respect of its Conversion Obligation, and the Specified Dollar Amount per $100 principal amount of Notes shall be deemed to be $100Method. If the Company elects Combination Settlement but does not timely notify converting Holders of the Specified Dollar Amount per $100 1,000 principal amount of Notes, such Specified Dollar Amount will be deemed to be $100. In addition, the Company may, prior to [three months prior to maturity], 20[ ], at its option, irrevocably elect Combination Settlement with a particular Specified Dollar Amount for all conversions subsequent to its notice to Holders thereof by notice of such election to Holders, the Trustee and the Conversion Agent1,000.

Settlement Election. All conversions occurring on or after [three months prior to maturity]March 1, 20[ ] 2023 shall be settled using the same Settlement Method. Prior to [three months prior to maturity]March 1, 20[ ]2023, the Company will use the same Settlement Method for all conversions occurring on the same Conversion Date, but the Company shall not have any obligation to use the same Settlement Method with respect to conversions that occur on different Conversion Dates. If the Company elects a Settlement Method (a “Settlement Election”) and a Specified Dollar Amount, if applicable (a “Specified Dollar Amount Election”), the Company shall provide to the Holders so converting, converting through the Trustee and the Conversion Agent a notice of such Settlement Method (each such notice, a “Settlement Election Notice”) or such Specified Dollar Amount (each such notice, a “Specified Dollar Amount Election Notice”), no later than the Close of Business on the second Trading Day immediately following the related Conversion Date (or, in the case of any conversions occurring on or after [three months prior to maturity] March 1, 20[ ]2023, no later than [three months prior to maturity]March 1, 20[ ]2023). If the Company does not timely elect a Settlement Method, the Company shall no longer have the right to elect Cash Settlement or Physical Settlement, and the Company shall be deemed to have elected Combination Settlement in respect of its Conversion Obligation, and the Specified Dollar Amount per $100 1,000 principal amount of Notes shall be deemed to be $1001,000. If the Company elects Combination Settlement but does not timely notify converting Holders of the Specified Dollar Amount per $100 1,000 principal amount of Notes, such Specified Dollar Amount will be deemed to be $1001,000. In addition, the Company may, prior to [three months prior to maturity]March 1, 20[ ]2023, at its option, irrevocably elect Combination Settlement with a particular Specified Dollar Amount for all conversions subsequent to its notice to Holders thereof by notice of such election to Holders, the Trustee and the Conversion Agent.

Settlement Election. All conversions occurring on or after [three months prior to maturity]April 2, 20[ ] 2018 shall be settled using the same Settlement Method. Prior to [three months prior to maturity]April 2, 20[ ]2018, the Company will use the same Settlement Method for all conversions occurring on the same Conversion Date, but the Company shall not have any obligation to use the same Settlement Method with respect to conversions that occur on different Conversion Dates. If the Company elects a Settlement Method (a “Settlement Election”) and a Specified Dollar Amount, if applicable (a “Specified Dollar Amount Election”), the Company shall provide to the Holders so converting, converting through the Trustee and the Conversion Agent a notice of such Settlement Method (each such notice, a “Settlement Election Notice”) or such Specified Dollar Amount (each such notice, a “Specified Dollar Amount Election Notice”), no later than the Close of Business on the second Trading Day immediately following the related Conversion Date (or, in the case of any conversions occurring on or after [three months prior to maturity] April 2, 20[ ]2018, no later than [three months prior to maturity]April 2, 20[ ]2018). If the Company does not timely elect a Settlement Method, the Company shall no longer have the right to elect Cash Settlement or Physical Settlement, and the Company shall be deemed to have elected Combination Settlement in respect of its Conversion Obligation, and the Specified Dollar Amount per $100 1,000 principal amount of Notes shall be deemed to be $1001,000. If the Company elects Combination Settlement but does not timely notify converting Holders of the Specified Dollar Amount per $100 1,000 principal amount of Notes, such Specified Dollar Amount will be deemed to be $1001,000. In addition, the Company may, prior to [three months prior to maturity]April 2, 20[ ]2018, at its option, irrevocably elect Combination Settlement with a particular Specified Dollar Amount for all conversions subsequent to its notice to Holders thereof by notice of such election to Holders, the Trustee and the Conversion Agent.

Settlement Election. All If the Company has received both Stockholders Approvals prior to the relevant Settlement Method Election Date, all conversions occurring on or after [three months prior to maturity]September 15, 20[ ] 2019 shall be settled using the same in either (i) a Cash Settlement, (ii) a Physical Settlement Methodor (iii) a Combination Settlement with a particular Specified Dollar Amount. Prior to [three months prior to maturity]September 15, 20[ ]2019, the Company will use the same Settlement Method for all conversions occurring on the same Conversion Date, but the Company shall not have any obligation to use the same Settlement Method with respect to conversions that occur on different Conversion Dates, subject to the limitations set forth in Section 4.03(a)(ii) if the Company has not received both Stockholders Approvals prior to the relevant Settlement Method Election Date. If the Company elects a Settlement Method (a “Settlement Election”) and a Specified Dollar Amount, if applicable (a “Specified Dollar Amount Election”), the Company shall provide to the Holders so converting, converting through the Trustee and the Conversion Agent a notice of such Settlement Method (each such notice, a “Settlement Election Notice”) or such Specified Dollar Amount (each such notice, a “Specified Dollar Amount Election Notice”), (x) no later than the Close of Business on the second VWAP Trading Day immediately following the related Conversion Date or (or, y) in the case of any conversions occurring on or after [three months prior to maturity] September 15, 20[ ]2019, no later than [three months September 15, 2019 (in either case, the “Settlement Method Election Date”). In the event that the Company has received both Stockholders Approvals prior to maturity]the relevant Settlement Method Election Date, 20[ ]). If if the Company does not timely elect a Settlement MethodMethod on or prior to the relevant Settlement Method Election Date, the Company shall no longer have the right to elect Cash Settlement or Physical Settlement, and the Company shall be deemed to have elected Combination Settlement in respect of its Conversion Obligation, and the Specified Dollar Amount per $100 1,000 principal amount of Notes converted shall be deemed to be $1001,000. If the Company has received both Stockholders Approvals prior to the relevant Settlement Method Election Date, and the Company elects Combination Settlement but does not timely notify converting Holders of the Specified Dollar Amount per $100 1,000 principal amount of NotesNotes on or prior to the relevant Settlement Method Election Date, such Specified Dollar Amount will be deemed to be $1001,000. In addition, if the Company has received both Stockholders Approvals prior to the relevant Settlement Method Election Date, the Company may, prior to [three months prior to maturity]September 15, 20[ ]2019, at its option, irrevocably elect Combination Settlement with a particular Specified Dollar Amount for all conversions subsequent to its notice to Holders thereof by notice of such election to Holders, the Trustee and the Conversion Agent.

Settlement Election. All conversions occurring on or after [three months prior to maturity], 20[ ] the 25th Scheduled Trading Day immediately preceding the Maturity Date shall be settled using by the same Settlement Method. Prior to [three months prior to maturity], 20[ ]the 25th Scheduled Trading Day immediately preceding the Maturity Date, the Company will use the same Settlement Method for all conversions occurring on the same Conversion Date, but the Company shall not have any obligation to use the same Settlement Method with respect to conversions that occur on different Conversion Dates. If the Company elects a Settlement Method (a “Settlement Election”) and a Specified Dollar Amount, if applicable (a “Specified Dollar Amount Election”), the Company shall provide to the Holders so converting, converting through the Trustee and the Conversion Agent a notice of such Settlement Method (each such notice, a “Settlement Election Notice”) or such Specified Dollar Amount (each such notice, a “Specified Dollar Amount Election Notice”), (x) no later than the Close of Business on the second Trading Business Day immediately following the related Conversion Date or (or, y) in the case of any conversions occurring on or after [three months prior to maturity] , 20[ ]the 25th Scheduled Trading Day immediately preceding the Maturity Date, no later than [three months the Close of Business on the Business Day immediately prior to maturity], 20[ ]the 25th Scheduled Trading Day immediately preceding the Maturity Date (the “Settlement Method Election Date”). If the Company does not timely elect a Settlement MethodMethod on or prior to the relevant Settlement Method Election Date, the Company shall no longer have the right to elect Cash Settlement or Physical Settlement, and the Company shall be deemed to have elected Combination Settlement in respect of its Conversion Obligation, and the Specified Dollar Amount per $100 1,000 principal amount of Notes converted shall be deemed to be $1001,000. If the Company elects Combination Settlement but does not timely notify converting Holders of the Specified Dollar Amount per $100 1,000 principal amount of NotesNotes on or prior to the relevant Settlement Method Election Date, such Specified Dollar Amount will be deemed to be $1001,000. In addition, the Company may, prior to [three months prior to maturity], 20[ ], at its option, irrevocably elect Combination Settlement with a particular Specified Dollar Amount for all conversions with a Conversion Date subsequent to its notice to Holders thereof by notice of such election to Holders, the Trustee and the Conversion Agent.

Settlement Election. All conversions occurring (x) on or after [three months September 15, 2017 or (y) after the issuance by the Company of a Notice of Redemption and prior to maturity], 20[ ] the Close of Business on the second Scheduled Trading Day immediately preceding the related Redemption Date shall be settled using the same Settlement Method. Prior to [three months Except for any conversions occurring on or after September 15, 2017 and any conversions that occur after the Company’s issuance of a Notice of Redemption, but prior to maturity], 20[ ]the Close of Business on the second Scheduled Trading Day preceding the related Redemption Date, the Company will use the same Settlement Method for all conversions occurring on the same Conversion Date, but the Company shall not have any obligation to use the same Settlement Method with respect to conversions that occur on different Conversion Dates. If the Company elects a Settlement Method (a “Settlement Election”) and a Specified Dollar Amount, if applicable (a “Specified Dollar Amount Election”)Method, the Company shall provide to the inform Holders so converting, through the Trustee and Trustee, of the Conversion Agent a notice of such Settlement Method it has selected (each such notice, a the “Settlement Election Notice”) or such Specified Dollar Amount (each such notice, a “Specified Dollar Amount Election Notice”), no later than the Close of Business on the second Trading Day immediately following the related Conversion Date (or, or in the case of any conversions conversion occurring (i) after the date of issuance of a Notice of Redemption and prior to the second Scheduled Trading Day preceding the related Redemption Date, in such Notice of Redemption, or (ii) on or after [three months prior to maturity] September 26, 20[ ]2017, no later than [three months prior to maturity]October 26, 20[ ]2017 (which is the 35th Scheduled Trading Day preceding the Maturity Date)). If After the Company has received the Stockholder Approval, if the Company does not timely elect a Settlement Method, the Company shall will no longer have the right to elect Cash Settlement or Physical Settlement, Settlement and the Company shall be deemed to have elected Combination Settlement in respect of its Conversion ObligationObligations, and the Specified Dollar Amount per $100 principal amount of the Notes shall be deemed equal to be $100. If 1,000, and if the Company elects Combination Settlement but does not timely notify the converting Holders of the Specified Dollar Amount, such Specified Dollar Amount shall be deemed to be $1,000. Before the Company has received the Stockholder Approval, if the Company does not timely elect a Settlement Method or if the Company elects Combination Settlement but the Company does not timely notify the converting Holders of the Specified Dollar Amount per $100 1,000 principal amount of Notes, such Specified Dollar Amount the Company will instead be deemed to be $100. In addition, the Company may, prior to [three months prior to maturity], 20[ ], at its option, irrevocably elect Combination Settlement with a particular Specified Dollar Amount for all conversions subsequent to its notice to Holders thereof by notice of such election to Holders, the Trustee and the Conversion Agenthave elected Cash Settlement.

Settlement Election. All conversions occurring on or after [three months prior to maturity]August 15, 20[ ] 2021 shall be settled using the same Settlement Method. Prior to [three months prior to maturity]August 15, 20[ ]2021, the Company will use the same Settlement Method for all conversions occurring on the same Conversion Date, but the Company shall not have any obligation to use the same Settlement Method with respect to conversions that occur on different Conversion Dates. If the Company elects a Settlement Method (a “Settlement Election”) and a Specified Dollar Amount, if applicable (a “Specified Dollar Amount Election”), the Company shall provide to the Holders so converting, converting through the Trustee and the Conversion Agent a notice of such Settlement Method (each such notice, a “Settlement Election Notice”) or such Specified Dollar Amount (each such notice, a “Specified Dollar Amount Election Notice”), no later than the Close of Business on the second Scheduled Trading Day immediately following the related Conversion Date (or, in the case of any conversions occurring on or after [three months prior to maturity] August 15, 20[ ]2021, no later than [three months prior to maturity]August 15, 20[ ]2021). If the Company does not timely elect a Settlement Method, the Company shall no longer have the right to elect Cash Settlement or Physical Settlement, and the Company shall be deemed to have elected Combination Settlement in respect of its Conversion Obligation, and the Specified Dollar Amount per $100 1,000 principal amount of Notes shall be deemed to be $1001,000. If the Company elects Combination Settlement but does not timely notify converting Holders of the Specified Dollar Amount per $100 1,000 principal amount of Notes, such Specified Dollar Amount will be deemed to be $100. In addition, the Company may, prior to [three months prior to maturity], 20[ ], at its option, irrevocably elect Combination Settlement with a particular Specified Dollar Amount for all conversions subsequent to its notice to Holders thereof by notice of such election to Holders, the Trustee and the Conversion Agent1,000.

Settlement Election. All conversions occurring on or after [three months prior to maturity]January 15, 20[ ] 2022 shall be settled using the same Settlement Method. Prior to [three months prior to maturity]January 15, 20[ ]2022, the Company will use the same Settlement Method for all conversions occurring on the same Conversion Date, but the Company shall not have any obligation to use the same Settlement Method with respect to conversions that occur on different Conversion Dates. If the Company elects a Settlement Method (a “Settlement Election”) and a Specified Dollar Amount, if applicable (a “Specified Dollar Amount Election”), the Company shall provide to the Holders so converting, converting through the Trustee and the Conversion Agent a notice of such Settlement Method (each such notice, a “Settlement Election Notice”) or such Specified Dollar Amount (each such notice, a “Specified Dollar Amount Election Notice”), no later than the Close of Business on the second Trading Day immediately following the related Conversion Date (or, in the case of any conversions occurring on or after [three months prior to maturity] January 15, 20[ ]2022, no later than [three months prior to maturity]January 15, 20[ ]2022). If the Company does not timely elect a Settlement Method, the Company shall no longer have the right to elect Cash Settlement or Physical Settlement, and the Company shall be deemed to have elected Combination Settlement in respect of its Conversion Obligation, and the Specified Dollar Amount per $100 1,000 principal amount of Notes shall be deemed to be $1001,000. If the Company elects Combination Settlement but does not timely notify converting Holders of the Specified Dollar Amount per $100 1,000 principal amount of Notes, such Specified Dollar Amount will be deemed to be $1001,000. In addition, the Company may, prior to [three months prior to maturity]January 15, 20[ ]2022, at its option, irrevocably elect Combination Settlement with a particular Specified Dollar Amount for all conversions subsequent to its notice to Holders thereof by notice of such election to Holders, the Trustee and the Conversion Agent.