Common use of Settlement Rate Clause in Contracts

Settlement Rate. (a) The “Settlement Rate” applicable to each Purchase Contract on the Mandatory Settlement Date or in connection with any Early Settlement pursuant to Section 4.06 (but not Section 4.07) shall be equal to: (i) if the Applicable Market Value is greater than or equal to the Threshold Appreciation Price, 12.9341 shares of Common Stock for each Purchase Contract (the “Minimum Settlement Rate”); (ii) if the Applicable Market Value is greater than the Reference Price but less than the Threshold Appreciation 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, 15.1976 shares of Common Stock for each Purchase Contract (the “Maximum Settlement Rate”). (b) The Maximum Settlement Rate and the Minimum Settlement Rate (each, a “Fixed Settlement Rate”) shall be subject to adjustment as provided in Article 5, and each Fixed Settlement Rate shall be rounded upward or downward to the nearest 1/10,000th of a share. (c) The Company shall give written notice of the Settlement Rate to the Purchase Contract Agent and Holders no later than the Scheduled Trading Day prior to the Mandatory Settlement Date.

Settlement Rate. (a) The “Settlement Rate” applicable to each Purchase Contract on the Mandatory Settlement Date or in connection with any Early Settlement pursuant to Section 4.06 (but not Section 4.07) shall be equal to: (i) if the Applicable Market Value is greater than or equal to the Threshold Appreciation Price, 12.9341 0.2171 shares of Common Stock for each Purchase Contract (the “Minimum Settlement Rate”); (ii) if the Applicable Market Value is greater than the Reference Price but less than the Threshold Appreciation 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, 15.1976 0.2660 shares of Common Stock for each Purchase Contract (the “Maximum Settlement Rate”). (b) The Maximum Settlement Rate and the Minimum Settlement Rate (each, a “Fixed Settlement Rate”) shall be subject to adjustment as provided in Article 5V, and each Fixed Settlement Rate shall be rounded upward or downward to the nearest 1/10,000th of a share. (c) The Company shall give written notice of the Settlement Rate to the Purchase Contract Agent and Holders no later than the Scheduled Trading Day prior to the Mandatory Settlement Date.

Settlement Rate. (a) Each Purchase Contract obligates the Company to deliver, on the Mandatory Settlement Date, a number of shares of Class A Common Stock (subject to Article 5) equal to the Settlement Rate as determined by the Company, unless such Purchase Contract has settled or been redeemed prior to the Mandatory Settlement Date. (b) The “Settlement Rate” applicable to each Purchase Contract on the Mandatory Settlement Date or in connection with any Early Settlement pursuant to Section 4.06 (but not Section 4.07) shall be is equal to: (i) if the Applicable Market Value is equal to or greater than or equal to the Threshold Appreciation Price, 12.9341 1.2355 shares of Class A Common Stock for each Purchase Contract (the “Minimum Settlement Rate”); (ii) if the Applicable Market Value is greater than the Reference Price but less than the Threshold Appreciation Price, a number of shares of Class A 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, 15.1976 1.5444 shares of Class A Common Stock for each Purchase Contract (the “Maximum Settlement Rate”). (bc) The Maximum Settlement Rate and Rate, the Minimum Settlement Rate (each, a “Fixed Settlement Rate”) and the Reference Price shall be subject to adjustment as provided in Article 5, 5 and each Fixed Settlement Rate shall be 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) or nearest $0.0001, as the case may be. (cd) The Company shall give written notice of the Settlement Rate to the Purchase Contract Agent and Holders no later than the two Scheduled Trading Day Days prior to the Mandatory Settlement Date.