Common use of Settlement Rate Clause in Contracts

Settlement Rate. Each Purchase Contract obligates the Company to deliver, on the Mandatory Settlement Date, a number of shares of Common Stock (subject to Section 4.04 and Article 5) equal to the Settlement Rate as determined by the Company unless such Purchase Contract settles prior to the Mandatory Settlement Date. The “Settlement Rate” is equal to: (i) if the Applicable Market Value (as defined below) is equal to or greater than $3.94 (the “Threshold Appreciation Price”), 25.3968 shares of Common Stock for each Purchase Contract (the “Minimum Settlement Rate”); (ii) if the Applicable Market Value is less than the Threshold Appreciation Price but greater than $3.15 (the “Reference Price”), a number of shares of Common Stock for each Purchase Contract equal to the Stated Amount, divided by the Applicable Market Value; and (iii) if the Applicable Market Value is less than or equal to the Reference Price, 31.7460 shares of Common Stock for each Purchase Contract (the “Maximum Settlement Rate”), provided that the Maximum Settlement Rate, the Minimum Settlement Rate (each, a “Fixed Settlement Rate”) and the Applicable Market Value shall be subject to adjustment as provided in Article 5 and rounded upward or downward to the nearest 1/10,000th of a share (or if there is not a nearest 1/10,000th of a share, to the next lower 1/10,000th of a share).

Settlement Rate. Each Purchase Contract obligates the Company to deliver, on the Mandatory Settlement Date, a number of shares of Common Stock (subject to Section 4.04 and Article 54.04) equal to the Settlement Rate as determined by the Company unless a Holder settles such Purchase Contract settles prior to the Mandatory Settlement DateDate pursuant to Section 5.03 or Section 5.04. The “Settlement Rate” is equal to: (i) if the Applicable Market Value (as defined below) is equal to or greater than $3.94 3.30 (the “Threshold Appreciation Price”), 25.3968 7.5758 shares of Common Stock for each Purchase Contract (the “Minimum Settlement Rate”); (ii) if the Applicable Market Value is less than the Threshold Appreciation Price but greater than $3.15 2.75 (the “Reference Price”), a number of shares of Common Stock for each Purchase Contract equal to the Stated Amount, divided by the Applicable Market Value; and (iii) if the Applicable Market Value is less than or equal to the Reference Price, 31.7460 9.0909 shares of Common Stock for each Purchase Contract (the “Maximum Settlement Rate”), provided that the Maximum Settlement Rate, the Minimum Settlement Rate (each, a “Fixed Settlement Rate”) and the Applicable Market Value shall be subject to adjustment as provided in Article 5 and rounded upward or downward to the nearest 1/10,000th of a share (or if there is not a nearest 1/10,000th of a share, to the next lower 1/10,000th of a share)5.

Settlement Rate. Each Purchase Contract obligates the Company to deliver, on the Mandatory Settlement Date, a number of shares of Common Stock (subject to Section 4.04 and Article 5) equal to the Settlement Rate as determined by the Company unless such Purchase Contract settles prior to the Mandatory Settlement Date. The “Settlement Rate” is equal to: (i) if the Applicable Market Value (as defined below) is equal to or greater than $3.94 7.12 (the “Threshold Appreciation Price”), 25.3968 3.5126 shares of Common Stock for each Purchase Contract (the “Minimum Settlement Rate”); (ii) if the Applicable Market Value is less than the Threshold Appreciation Price but greater than $3.15 5.81 (the “Reference Price”), a number of shares of Common Stock for each Purchase Contract equal to the Stated Amount, divided by the Applicable Market Value; and (iii) if the Applicable Market Value is less than or equal to the Reference Price, 31.7460 4.3029 shares of Common Stock for each Purchase Contract (the “Maximum Settlement Rate”), provided that the Maximum Settlement Rate, the Minimum Settlement Rate (each, a “Fixed Settlement Rate”) and the Applicable Market Value shall be subject to adjustment as provided in Article 5 V and rounded upward or downward to the nearest 1/10,000th of a share (or if there is not a nearest 1/10,000th of a share, to the next lower 1/10,000th of a share). (iv) The Company shall give notice of the Settlement Rate to the Purchase Contract Agent and Holders no later than 2 Trading Days prior to the Mandatory Settlement Date.

Settlement Rate. Each Purchase Contract obligates the Company to deliverdeliver to each Holder, on the Mandatory Settlement Date, a number of shares of Common Stock (subject to Section 4.04 and Article 54.04) equal to the Settlement Rate as determined by the Company unless a Holder settles such Purchase Contract settles prior to the Mandatory Settlement DateDate pursuant to Section 5.03 or Section 5.04. The “Settlement Rate” is equal to: (i) if the Applicable Market Value (as defined below) is equal to or greater than $3.94 37.50 (the “Threshold Appreciation Price”), 25.3968 1.3333 shares of Common Stock for each Purchase Contract (the “Minimum Settlement Rate”); (ii) if the Applicable Market Value is less than the Threshold Appreciation Price but greater than $3.15 30.00 (the “Reference Price”), a number of shares of Common Stock for each Purchase Contract equal to the Stated Amount, divided by the Applicable Market Value; and (iii) if the Applicable Market Value is less than or equal to the Reference Price, 31.7460 1.6666 shares of Common Stock for each Purchase Contract (the “Maximum Settlement Rate”), ; provided that the Maximum Settlement Rate, the Minimum Settlement Rate (each, a “Fixed Settlement Rate”) and the Applicable Market Value shall be subject to adjustment as provided in Article 5 and rounded upward or downward to the nearest 1/10,000th of a share (or if there is not a nearest 1/10,000th of a share, to the next lower 1/10,000th of a share)5.