Common use of Cash Conversion Option Clause in Contracts

Cash Conversion Option. (a) In the event that, on or prior to the date that is five days prior to the Stated Maturity of a Note (the “Final Notice Date”), a Noteholder elects to convert all or any portion of a Note into shares of Common Stock as set forth in Section 15.01, the Company may choose to satisfy all of its conversion obligation (the “Conversion Obligation”) in cash if the Company notifies such Noteholder through the Trustee at any time on or before the date that is two Business Days following receipt of written notice of conversion as specified in Section 15.02 (such period, the “Cash Settlement Notice Period”). If the Company timely elects to pay cash in lieu of shares of Common Stock otherwise issuable to the Noteholder, the Noteholder may retract the Conversion Notice at any time during the two Business Day period beginning on the day after the final day of the Cash Settlement Notice Period (a “Conversion Retraction Period”); no such retraction may be made (and a conversion notice shall be irrevocable) if the Company does not elect to deliver cash in lieu of the shares (other than cash in lieu of fractional shares). If the conversion notice has not been retracted, then cash settlement will occur on the Business Day following the final Trading Day of the five Trading Day period beginning on the first Trading Day after the final day of the Conversion Retraction Period (the “Cash Settlement Averaging Period”). Settlement amounts will be computed as follows:

Cash Conversion Option. (a) In the event that, on or prior to the date that is five days prior to the Stated Maturity of a Note Security (the “Final Notice Date”), a Noteholder Holder elects to convert all or any portion of a Note Security into shares of Common Stock as set forth in Section 15.0113.01, the Company may choose to satisfy all of its conversion obligation (the “Conversion Obligation”) in cash if the Company notifies such Noteholder Holder through the Trustee of the dollar amount to be satisfied in cash at any time on or before the date that is two Business Days following receipt of written notice of conversion as specified in Section 15.02 13.02 (such period, the “Cash Settlement Notice Period”). If the Company timely elects to pay cash in lieu for any portion of the shares of Common Stock otherwise issuable to the NoteholderHolder, the Noteholder Holder may retract the Conversion Notice at any time during the two Business Day period beginning on the day after the final day of the Cash Settlement Notice Period (a “Conversion Retraction Period”); no such retraction may be made (and a conversion notice shall be irrevocable) if the Company does not elect to deliver cash in lieu of the shares (other than cash in lieu of fractional shares). If the conversion notice has not been retracted, then cash settlement (in cash) will occur on the Business Day following the final Trading Day of the five Trading Day period beginning on the first Trading Day after the final day of the Conversion Retraction Period (the “Cash Settlement Averaging Period”). Settlement amounts will be computed as follows:

Cash Conversion Option. (a) In the event that, on or prior to the date that is five days prior to the Stated Maturity of a Note Security (the “Final Notice Date”), a Noteholder Holder elects to convert all or any portion of a Note Security into shares of Common Stock as set forth in Section 15.0113.01, the Company may choose to satisfy all of its conversion obligation (the “Conversion Obligation”) in cash if the Company notifies such Noteholder Holder through the Trustee at any time on or before the date that is two Business Days following receipt of written notice of conversion as specified in Section 15.02 13.02 (such period, the “Cash Settlement Notice Period”)) of the dollar amount to be satisfied in cash. If the Company timely elects to pay cash in lieu of shares of Common Stock otherwise issuable to the NoteholderHolder, the Noteholder Holder may retract the Conversion Notice at any time during the two Business Day period beginning on the day after the final day of the Cash Settlement Notice Period (a “Conversion Retraction Period”); no such retraction may be made (and a conversion notice shall be irrevocable) if the Company does not elect to deliver cash in lieu of the shares (other than cash in lieu of fractional shares). If the conversion notice has not been retracted, then cash settlement (in cash) will occur on the Business Day following the final Trading Day of the five Trading Day period beginning on the first Trading Day after the final day of the Conversion Retraction Period (the “Cash Settlement Averaging Period”). Settlement amounts will be computed as follows:

Cash Conversion Option. (a) In the event that, on or prior to the date that is five days prior to the Stated Maturity of If a Note (the “Final Notice Date”), a Noteholder Holder elects to convert all or any portion of a Note Security into shares of Common Stock as set forth in Section 15.0110.1, the Company may choose to satisfy all or any portion of its conversion obligation (the “"Conversion Obligation”") in cash if cash. Upon such election, the Company notifies will notify such Noteholder Holder through the Trustee of the dollar amount to be satisfied in cash (which must be expressed either as 100% of the Conversion Obligation or as a fixed dollar amount) at any time on or before the date that is two Business Days following receipt of written notice of conversion as specified in Section 15.02 10.2 (such period, the “Cash Settlement Notice Period”"CASH SETTLEMENT NOTICE PERIOD"). If the Company timely elects to pay cash in lieu for any portion of the shares of Common Stock otherwise issuable to the NoteholderHolder, the Noteholder Holder may retract the Conversion Notice conversion notice at any time during the two Business Day period beginning on the day after the final day of the Cash Settlement Notice Period (a “"Conversion Retraction Period”"); no such retraction may can be made (and a conversion notice shall be irrevocable) if the Company does not elect to deliver cash in lieu of the shares (other than cash in lieu of fractional shares). If the conversion notice has not been retracted, then settlement (in cash settlement and/or shares) will occur on the Business Day following the final Trading Day day of the five 20 Trading Day period beginning on the first Trading Day day after the final day of the Conversion Retraction Period (the “"Cash Settlement Averaging Period”"). Settlement amounts will be computed as follows: