Common use of Purchase of Shares of Common Stock Clause in Contracts

Purchase of Shares of Common Stock. Each Purchase Contract shall, unless an Early Settlement has occurred in accordance with Section 5.9 hereof, obligate the Holder of the related Security to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to the Stated Amount (the "Purchase Price"), a number of newly issued shares of Common Stock equal to the Settlement Rate unless, on or prior to the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Security of which such Purchase Contract is a part. The "Settlement Rate" is equal to:

Purchase of Shares of Common Stock. Each Purchase Contract shall, unless a Termination Event has occurred as set forth in Section 5.7, an Early Settlement has occurred in accordance with Section 5.9 hereofor a Merger Early Settlement has occurred in accordance with Section 5.10, obligate the Holder of the related Security PIES to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to the Stated Amount (the "Purchase Price"), a number of newly issued shares of Common Stock equal to the Settlement Rate unless, on or prior to the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Security of which such Purchase Contract is a partthen in effect. The "Settlement Rate" is equal to:

Purchase of Shares of Common Stock. (a) Each Purchase Contract shall, unless an Early Settlement has occurred in accordance with Section 5.9 hereof, shall obligate the Holder of the related Security Units to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to the Stated Amount (the "“Purchase Price"”), a number of newly issued shares of Common Stock (subject to Section 5.09) equal to the Settlement Rate unless(as defined below) unless an Early Settlement, on a Cash Merger Early Settlement or prior to the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Security Unit of which such Purchase Contract is a partpart shall have occurred. The "“Settlement Rate" ” is equal to:

Purchase of Shares of Common Stock. Each Purchase Contract shall, unless a Termination Event or an Early Settlement has occurred in accordance with Section 5.9 hereofhereof or a Fundamental Change Early Settlement in accordance with Section 5.6(b)(ii) hereof has occurred with respect to the Units of which such Purchase Contract is a part, obligate the Holder of the related Security Unit to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to the Stated Amount Date, for $50 in cash (the "“Purchase Price"”), a number of newly newly-issued shares of Common Stock equal to the applicable Settlement Rate unless, on or prior to the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Security of which such Purchase Contract is a partRate. The "“Settlement Rate" ” is equal to:

Purchase of Shares of Common Stock. (a) Each Purchase Contract shall, unless an Early Settlement has occurred in accordance with Section 5.9 hereof, shall obligate the Holder of the related Security HiMEDS Units to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to the Stated Amount (the "“Purchase Price"”), a number of newly issued shares of Common Stock (subject to Section 5.08) equal to the Settlement Rate unlessunless an Early Settlement, on a Merger Early Settlement or prior to the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Security HiMEDS Units of which such Purchase Contract is a partpart shall have occurred. The "“Settlement Rate" ” is equal to:

Purchase of Shares of Common Stock. Each Purchase Contract shall, unless a Termination Event has occurred as set forth in Section 5.7, an Early Settlement has occurred in accordance with Section 5.9 hereofor a Merger Early Settlement has occurred in accordance with Section 5.10, obligate the Holder of the related Security Units to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to the Stated Amount (the "“Purchase Price"”), a number of newly issued shares of Common Stock equal to the Settlement Rate unless, on or prior to the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Security of which such Purchase Contract is a partthen in effect. The "“Settlement Rate" ” is equal to:

Purchase of Shares of Common Stock. Each Purchase Contract shall, unless a Termination Event or an Early Settlement has occurred in accordance with Section 5.9 hereofhereof or a Fundamental Change Early Settlement in accordance with Section 5.6(b)(ii) hereof has occurred with respect to the Units of which such Purchase Contract is a part, obligate the Holder of the related Security Unit to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to the Stated Amount Date, for $50 in cash (the "“Purchase Price"”), a number of newly issued newly‑issued shares of Common Stock equal to the applicable Settlement Rate unless, on or prior to the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Security of which such Purchase Contract is a partRate. The "“Settlement Rate" ” is equal to:

Purchase of Shares of Common Stock. Each Purchase Contract shall, unless a Termination Event has occurred as set forth in Section 5.7, an Early Settlement has occurred in accordance with Section 5.9 hereofor a Merger Early Settlement has occurred in accordance with Section 5.10, obligate the Holder of the related Security Units to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to the Stated Amount (the "Purchase Price"), a number of newly issued shares of Common Stock equal to the Settlement Rate unless, on or prior to the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Security of which such Purchase Contract is a partthen in effect. The "Settlement Rate" is equal to:

Purchase of Shares of Common Stock. (a) Each Purchase Contract shall, unless an Early Settlement has occurred in accordance with Section 5.9 hereof, shall obligate the Holder of the related Security Units to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to the Stated Amount $25 (the "“Purchase Price"”), a number of newly issued shares of Common Stock (subject to Sections 5.08 and 5.09) equal to the Settlement Rate unless(as defined below) unless an Early Settlement, on a Cash Merger Early Settlement or prior to the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Security Unit of which such Purchase Contract is a partpart shall have occurred. The "“Settlement Rate" ” is equal to:

Purchase of Shares of Common Stock. Each Purchase Contract shall, unless an Early Settlement has occurred in accordance with Section 5.9 hereof, shall obligate the Holder of the related Security to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to the Stated Amount (the "Purchase PricePURCHASE PRICE"), a number of newly issued shares of Common Stock (subject to Section 5.09) equal to the Settlement Rate unlessunless an Early Settlement has occurred in accordance with Section 5.04 hereof or, on or prior to or on the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Security of which such Purchase Contract is a part. The "Settlement RateSETTLEMENT RATE" is equal to:

Purchase of Shares of Common Stock. Each (a) Subject to Section 5.08, each Purchase Contract shall, unless an Early Settlement has occurred in accordance with Section 5.9 hereof, shall obligate the Holder of the related Security Units to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to the Stated Amount (the "“Purchase Price"”), a number of newly issued shares of Common Stock (subject to Section 5.09) equal to the Settlement Rate unlessunless an Early Settlement, on a Cash Merger Early Settlement or prior to the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Security Units of which such Purchase Contract is a partpart shall have occurred. The "“Settlement Rate" ” is equal to:

Purchase of Shares of Common Stock. (a) Each Purchase Contract shall, unless an Early Settlement has occurred in accordance with Section 5.9 hereof, shall obligate the Holder of the related Security Units to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to the Stated Amount (the "“Purchase Price"”), a number of newly issued shares of Common Stock (subject to Section 5.08) equal to the Settlement Rate unlessunless an Early Settlement, on a Cash Merger Early Settlement or prior to the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Security Units of which such Purchase Contract is a partpart shall have occurred. The "“Settlement Rate" ” is equal to:

Purchase of Shares of Common Stock. (a) Each Purchase Contract shall, unless an Early Settlement has occurred in accordance with Section 5.9 hereof, shall obligate the Holder of the related Security to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to the Stated Amount (the "Purchase Price"), a number of newly issued shares of Common Stock (subject to Section 5.09) equal to the Settlement Rate unlessunless an Early Settlement has occurred in accordance with Section 5.04(b)(2) hereof or, on or prior to or on the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Security of which such Purchase Contract is a part. The "Settlement Rate" is equal to:

Purchase of Shares of Common Stock. (a) Each Purchase Contract shall, unless an Early Settlement has occurred in accordance with Section 5.9 hereof, shall obligate the Holder of the related Security to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to the Stated Amount (the "Purchase Price"), a number of newly issued shares of Common Stock (subject to Section 5.09) equal to the Settlement Rate unlessunless an Early Settlement has occurred in accordance with Section 5.04 hereof or, on or prior to or on the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Security of which such Purchase Contract is a part. The "Settlement Rate" is equal to:

Purchase of Shares of Common Stock. Each Purchase Contract shall, unless an Early Settlement has occurred in accordance with Section 5.9 hereof, shall obligate the Holder of the related Security to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to the Stated Amount (the "Purchase Price"), a number of newly issued shares of Common Stock (subject to Section 5.09) equal to the Settlement Rate unlessunless an Early Settlement has occurred in accordance with Section 5.07 hereof or, on or prior to or on the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Security of which such Purchase Contract is a part. The "Settlement Rate" is equal to:

Purchase of Shares of Common Stock. Each Purchase Contract shall, unless an Early Settlement has occurred in accordance with Section 5.9 hereof, obligate the Holder of the related Security to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to the Stated Amount (the "Purchase Price"), a number of newly issued shares of Common Stock equal to the Settlement Rate unless, on or prior to before the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Security of which such Purchase Contract is a part. The "Settlement Rate" is equal to:

Purchase of Shares of Common Stock. (a) Each Purchase Contract shall, unless an Early Settlement has occurred in accordance with Section 5.9 hereof, shall obligate the Holder of the related Security Units to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to the Stated Amount $25 (the "Purchase Price"), a number of newly issued shares of Common Stock (subject to Sections 5.08 and 5.09) equal to the Settlement Rate unless(as defined below) unless an Early Settlement, on a Cash Merger Early Settlement or prior to the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Security Unit of which such Purchase Contract is a partpart shall have occurred. The "Settlement Rate" is equal to:

Purchase of Shares of Common Stock. Each Purchase Contract shall, unless an Early a Cash Settlement has occurred in accordance with Section 5.9 5.02 hereof, obligate the Holder of the related Security to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to the Stated Amount (the "Purchase Price"), a number of newly issued shares of Common Stock (subject to Section 5.09) equal to the Settlement Rate unless, on or prior to or on the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Security of which such Purchase Contract is a part. The "Settlement Rate" is equal to: