Common use of Settlement Rate Clause in Contracts

Settlement Rate. (a) Each Purchase Contract obligates the Company to deliver to the Holder thereof, on the Mandatory Settlement Date, a number of shares of 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” is equal to: (i) if the Applicable Market Value is greater than the Threshold Appreciation Price, 43.0918 shares of Common Stock for each Purchase Contract (the “Minimum Settlement Rate”); (ii) if the Applicable Market Value is greater than or equal to the Reference Price but less than or equal to the Threshold Appreciation Price, a number of shares of Common Stock (and any cash payable in lieu of fractional shares pursuant to Section 4.13) 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 the Reference Price, 50.6329 shares of Common Stock for each Purchase Contract (the “Maximum Settlement Rate”). (c) The Maximum Settlement Rate, the Minimum Settlement Rate (each, a “Fixed Settlement Rate”) and the Reference Price 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) or nearest $0.0001, as the case may be. (d) The Company shall give notice of the Settlement Rate to the Purchase Contract Agent and Holders no later than two Scheduled Trading Days prior to the Mandatory Settlement Date.

Settlement Rate. (a) Each Purchase Contract obligates the Company to deliver to the Holder thereofdeliver, 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, Company unless such Purchase Contract has settled or been redeemed settles prior to the Mandatory Settlement Date. Date pursuant to Section 5.03 or Section 5.04. The number of shares of Common Stock issuable upon settlement of each Purchase Contract on the Mandatory Settlement Date (b) The the “Settlement Rate” ”) is equal to: (i) if the Applicable Market Value is equal to or greater than $[ ] (the “Threshold Appreciation Price”), 43.0918 [ ] shares of Common Stock for each Purchase Contract (the “Minimum Settlement Rate”); (ii) if the Applicable Market Value is greater than or equal to $[ ] (the “Reference Price Price”) but less than or equal to the Threshold Appreciation Price, a number of shares of Common Stock (and any cash payable in lieu of fractional shares pursuant to Section 4.13) 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, 50.6329 [ ] shares of Common Stock for each Purchase Contract (the “Maximum Settlement Rate”). (c) The , provided that the Maximum Settlement Rate, Rate and the Minimum Settlement Rate (each, a “Fixed Settlement Rate”) and the Reference Price shall each 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) or nearest $0.0001, as the case may be5. (d) The Company shall give notice of the Settlement Rate to the Purchase Contract Agent and Holders no later than two Scheduled Trading Days prior to the Mandatory Settlement Date.