Common use of Cash Dividends or Distributions Clause in Contracts

Cash Dividends or Distributions. If any cash dividend or distribution is made to all or substantially all holders of the Issuer Class A Shares, the Conversion Rate shall be adjusted based on the following formula: ​ where, ​ CR0 = the Conversion Rate in effect immediately prior to the close of business on the Record Date for such dividend or distribution; ​ CR1 = the Conversion Rate in effect immediately after the close of business on the Record Date for such dividend or distribution; ​ SP0 = the Last Reported Sale Price of the Issuer Class A Shares on the Trading Day immediately preceding the Ex-Dividend Date for such dividend or distribution; and ​ C = the amount in cash per share the Issuer pays or distributes to all or substantially all holders of the Issuer Class A Shares. ​ ​ ​ An adjustment to the Conversion Rate made pursuant to this Section 4.05 shall become effective immediately after the close of business on the Record Date for the applicable dividend or distribution. If any dividend or distribution described in this Section 4.05 is declared but not so paid or made, the new Conversion Rate shall be readjusted, effective as of the date the Board of Directors determines not to make or pay such dividend or distribution, to the Conversion Rate that would then be in effect if such dividend or distribution had not been declared. ​ Notwithstanding the foregoing, if “C” as set forth above is equal to or greater than “SP0” as set forth above, in lieu of the foregoing adjustment, the Holder shall receive, for each $1,000 principal amount of this Note, at the same time and upon the same terms as holders of Issuer Class A Shares, the amount of cash that the Holder would have received if the Holder owned a number of Issuer Class A Shares equal to the Conversion Rate in effect on the Record Date for such cash dividend or distribution. ​

Cash Dividends or Distributions. If any cash dividend or distribution (other than a distribution described in ‎Section 10.05(e), and other than a regular, quarterly cash dividend that does not exceed $0.06 per share (the “Dividend Threshold,” which Dividend Threshold shall be subject to adjustment as set forth below in this ‎Section 10.05(d))) is made to all or substantially all holders of the Issuer Class A SharesCommon Stock, the Conversion Rate shall will be adjusted increased based on the following formula: ​ where, ​ CR1 = CR0 x SP0 – T SP0 –C where CR0 = the Conversion Rate in effect immediately prior to the close Open of business Business on the Record Ex-Dividend Date for such dividend or distribution; ​ CR1 = the Conversion Rate in effect immediately after the close Open of business Business on the Record Ex-Dividend Date for such dividend or distribution; ​ SP0 = SP0= the Last Reported Sale Price of the Issuer Class A Shares Common Stock on the Trading Day immediately preceding the Ex-Dividend Date for such dividend or distribution; T = the Dividend Threshold; provided, however, that if the dividend or distribution is not a regular quarterly cash dividend, then the Dividend Threshold will be deemed to be zero (0); and ​ C = the amount in cash per share the Issuer pays or Company distributes to all or substantially all holders of Common Stock. The Dividend Threshold shall be adjusted in a manner inversely proportional to adjustments to the Issuer Class A Shares. ​ ​ ​ An Conversion Rate pursuant to this ‎Section 10.05; provided, however, that no adjustment will be made to the Dividend Threshold for any adjustment to the Conversion Rate made pursuant to this Section 4.05 shall become effective immediately after ‎Section 10.05(d). Notwithstanding the close foregoing, if “C” (as defined above) is equal to or greater than “SP0” (as defined above), in lieu of business the foregoing increase, each Holder will receive, for each $1,000 principal amount of Notes held on the Record Date record date for the applicable such cash dividend or distribution, at the same time and upon the same terms as holders of the Common Stock, the amount of cash that such Holder would have received if such Holder had owned a number of shares of Common Stock equal to the Conversion Rate in effect on such record date. If any such dividend or distribution described in this Section 4.05 is declared but not so paid or made, the new Conversion Rate shall will be readjusted, effective as of the date the Board of Directors determines not to make or pay such dividend or distribution, readjusted to the Conversion Rate that would then be in effect if such dividend or distribution had not been declared. ​ Notwithstanding the foregoing, if “C” as set forth above is equal to or greater than “SP0” as set forth above, in lieu of the foregoing adjustment, the Holder shall receive, for each $1,000 principal amount of this Note, at the same time and upon the same terms as holders of Issuer Class A Shares, the amount of cash that the Holder would have received if the Holder owned a number of Issuer Class A Shares equal to the Conversion Rate in effect on the Record Date for such cash dividend or distribution. ​.

Cash Dividends or Distributions. If any cash dividend or distribution is made to all or substantially all holders of the Issuer Class A SharesCommon Stock, the Conversion Rate shall be adjusted increased based on the following formula: ​ where, ​ where CR0 = the Conversion Rate in effect immediately prior to the close Open of business Business on the Record Ex-Dividend Date for such dividend or distribution; ​ CR1 CR’ = the Conversion Rate in effect immediately after the close Open of business Business on the Record Ex-Dividend Date for such dividend or distribution; ​ SP0 = the Last Reported Sale Price of the Issuer Class A Shares Common Stock on the Trading Day immediately preceding the Ex-Dividend Date for such dividend or distribution; and ​ C = the amount in cash per share of Common Stock the Issuer pays or distributes to all or substantially all holders of the Issuer Class A Sharesits Common Stock. ​ ​ ​ An adjustment to the Conversion Rate made pursuant to this Section 4.05 Such increase shall become effective immediately after the close Open of business Business on the Record Ex-Dividend Date for the applicable such dividend or distribution. If any such dividend or distribution described in this Section 4.05 is declared but not so paid or madepaid, the new Conversion Rate shall be readjusted, effective as of the date the Board of Directors determines not decreased to make or pay such dividend or distribution, to be the Conversion Rate that would then be in effect if such dividend or distribution had not been declared. ​ For the avoidance of doubt, if the application of the foregoing formula would result in a decrease in the Conversion Rate, no adjustment to the Conversion Rate will be made (other than with respect to the Company’s right to readjust the Conversion Rate as described in the immediately preceding sentence). Notwithstanding the foregoing, if “C” (as set forth above defined above) is equal to or greater than “SP0” (as set forth defined above), in lieu of the foregoing adjustmentincrease, the Holder each holder of Notes shall receive, for each $1,000 principal amount of this NoteNotes, at the same time and upon the same terms as holders of Issuer Class A Sharesthe Common Stock, the amount of cash that the Holder such holder would have received as if the Holder such holder had owned a number of Issuer Class A Shares shares of Common Stock equal to the Conversion Rate in effect on the Record Ex-Dividend Date for such cash dividend or distribution. ​.

Cash Dividends or Distributions. If any cash dividend or distribution is made to all or substantially all holders of the Issuer Class A SharesCommon Stock, then the Conversion Rate shall will be adjusted increased based on the following formula: ​ where, ​ : CR0 = the Conversion Rate in effect immediately prior to before the close Open of business Business on the Record Date for such dividend or distribution; ​ CR1 = the Conversion Rate in effect immediately after the close of business on the Record Date for such dividend or distribution; ​ SP0 = the Last Reported Sale Price of the Issuer Class A Shares on the Trading Day immediately preceding the Ex-Dividend Date for such dividend or distribution; and ​ C CR1 = the amount Conversion Rate in cash effect immediately after the Open of Business on such Ex-Dividend Date; SP = the Last Reported Sale Price per share of Common Stock on the Issuer pays Trading Day immediately before such Ex-Dividend Date; and D = the cash amount distributed per share of Common Stock in such dividend or distributes distribution; provided, however, that if D is equal to all or substantially all greater than SP, or if the difference between D and SP is less than one dollar ($1.00), then, in lieu of the foregoing adjustment to the Conversion Rate, each Holder will receive, for each $1,000 principal amount of Notes held by such Holder on the record date for such dividend or distribution, at the same time and on the same terms as holders of Common Stock, the Issuer Class A Sharesamount of cash that such Holder would have received if such Holder had owned, on such record date, a number of shares of Common Stock equal to the Conversion Rate in effect on such record date. ​ ​ ​ An For the avoidance of doubt, pursuant to the definition of CR1 above, any adjustment to the Conversion Rate made pursuant to this Section 4.05 shall 5.05(A)(iv) will become effective immediately after the close Open of business Business on the Record Ex-Dividend Date for the applicable dividend or distribution. If To the extent any such dividend or distribution described in this Section 4.05 is declared but not so paid made or madepaid, the new Conversion Rate shall will be readjusted, effective as of the date the Board of Directors determines not to make or pay such dividend or distribution, readjusted to the Conversion Rate that would then be in effect if such dividend or distribution had not the adjustment been declared. ​ Notwithstanding the foregoing, if “C” as set forth above is equal to or greater than “SP0” as set forth above, in lieu of the foregoing adjustment, the Holder shall receive, for each $1,000 principal amount of this Note, at the same time and upon the same terms as holders of Issuer Class A Shares, the amount of cash that the Holder would have received if the Holder owned a number of Issuer Class A Shares equal to the Conversion Rate in effect made on the Record Date for such cash basis of only the dividend or distribution. ​, if any, actually made or paid.

Cash Dividends or Distributions. If any cash dividend or distribution (other than a distribution described in Section 10.05(e), and other than a regular, quarterly cash dividend that does not exceed $0.05 per share (the “Dividend Threshold,” which Dividend Threshold shall be subject to adjustment as set forth below in this Section 10.05(d))) is made to all or substantially all holders of the Issuer Class A SharesCommon Stock, the Conversion Rate shall will be adjusted increased based on the following formula: ​ where, ​ CR1 =CR0 x SP0 – T SP0 –C where CR0 = the Conversion Rate in effect immediately prior to the close Open of business Business on the Record Ex-Dividend Date for such dividend or distribution; ​ CR1 = the Conversion Rate in effect immediately after the close Open of business Business on the Record Ex-Dividend Date for such dividend or distribution; ​ SP0 = SP0= the Last Reported Sale Price of the Issuer Class A Shares Common Stock on the Trading Day immediately preceding the Ex-Dividend Date for such dividend or distribution; T = the Dividend Threshold; provided, however, that if the dividend or distribution is not a regular quarterly cash dividend, then the Dividend Threshold will be deemed to be zero (0); and ​ C = the amount in cash per share the Issuer pays or Company distributes to all or substantially all holders of Common Stock. The Dividend Threshold shall be adjusted in a manner inversely proportional to adjustments to the Issuer Class A Shares. ​ ​ ​ An Conversion Rate pursuant to this Section 10.05; provided, however, that no adjustment will be made to the Dividend Threshold for any adjustment to the Conversion Rate made pursuant to this Section 4.05 shall become effective immediately after 10.05(d). Notwithstanding the close foregoing, if “C” (as defined above) is equal to or greater than “SP0” (as defined above), in lieu of business the foregoing increase, each Holder will receive, for each $1,000 principal amount of Notes held on the Record Date record date for the applicable such cash dividend or distribution, at the same time and upon the same terms as holders of the Common Stock, the amount of cash that such Holder would have received if such Holder had owned a number of shares of Common Stock equal to the Conversion Rate in effect on such record date. If any such dividend or distribution described in this Section 4.05 is declared but not so paid or made, the new Conversion Rate shall will be readjusted, effective as of the date the Board of Directors determines not to make or pay such dividend or distribution, readjusted to the Conversion Rate that would then be in effect if such dividend or distribution had not been declared. ​ Notwithstanding the foregoing, if “C” as set forth above is equal to or greater than “SP0” as set forth above, in lieu of the foregoing adjustment, the Holder shall receive, for each $1,000 principal amount of this Note, at the same time and upon the same terms as holders of Issuer Class A Shares, the amount of cash that the Holder would have received if the Holder owned a number of Issuer Class A Shares equal to the Conversion Rate in effect on the Record Date for such cash dividend or distribution. ​.