Common use of Cash Payments in Lieu of Fractional Shares Clause in Contracts

Cash Payments in Lieu of Fractional Shares. No fractional shares of Common Stock or scrip certificates representing fractional shares shall be issued upon conversion of Debentures. If more than one Debenture shall be surrendered for conversion at one time by the same holder, the number of full shares that shall be issuable upon conversion shall be computed on the basis of the aggregate principal amount of the Debentures (or specified portions thereof to the extent permitted hereby) so surrendered. If any fractional share of stock would be issuable upon the conversion of any Debenture or Debentures, the Company shall make an adjustment and payment therefor in cash at the current market price thereof to the holder of Debentures. The current market price of a share of Common Stock shall be the Closing Sale Price of the Common Stock on the last Trading Day immediately preceding the day on which the Debentures (or specified portions thereof) are deemed to have been converted.

Cash Payments in Lieu of Fractional Shares. No fractional shares of Common Stock or scrip certificates representing fractional shares shall be issued upon conversion of DebenturesNotes. If more than one Debenture Note shall be surrendered for conversion at one time by the same holder, the number of full shares that which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Debentures Notes (or specified portions thereof to the extent permitted hereby) so surrenderedsurrendered for conversion. If any fractional share of stock otherwise would be issuable upon the conversion of any Debenture Note or DebenturesNotes, the Company shall make an calculate and pay a cash adjustment and payment therefor in cash lieu of such fractional share at the current market price value thereof to the holder of DebenturesNotes. The For purposes of this Section 15.4, the current market price value of a share of Common Stock shall be the Closing Sale Price of the Common Stock (determined as provided in Section 15.6(e)) on the last first Trading Day immediately preceding the day on which the Debentures Notes (or specified portions thereof) are deemed to have been converted.

Cash Payments in Lieu of Fractional Shares. No fractional ------------------------------------------ shares of Common Stock or scrip certificates representing fractional shares shall be issued upon conversion of DebenturesNotes. If more than one Debenture Note shall be surrendered for conversion at one time by the same holderHolder, the number of full shares that which shall be issuable upon conversion shall be computed on the basis of the aggregate principal amount Accreted Value of the Debentures Notes (or specified portions thereof to the extent permitted hereby) so surrendered. If any fractional share of stock Common Stock would be issuable upon the conversion of any Debenture Note or DebenturesNotes, the Company shall make an adjustment and payment therefor in cash at the current market price thereof to the holder of Debenturesvalue thereof. The current market price value of a share of Common Stock shall be the Closing Sale Price of on the Common Stock Neuer Markt on the last Trading Day immediately preceding prior to the day on which the Debentures Notes (or specified portions thereof) are deemed to have been convertedconverted and such Closing Price shall be determined as provided in subsection (f) of Section 10.5.

Cash Payments in Lieu of Fractional Shares. No fractional ------------------------------------------ shares of Common Stock or scrip certificates representing fractional shares shall be issued upon conversion of DebenturesNotes. If more than one Debenture Note shall be surrendered for conversion at one time by the same holder, the number of full shares that which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Debentures Notes (or specified portions thereof to the extent permitted hereby) so surrenderedsurrendered for conversion. If any fractional share of stock otherwise would be issuable upon the conversion of any Debenture Note or DebenturesNotes, the Company shall make an calculate and pay a cash adjustment and payment therefor in cash lieu of such fractional share at the current market price value thereof to the holder of DebenturesNotes. The current market price value of a share of Common Stock shall be the Closing Sale Price of the Common Stock on the last first Trading Day immediately preceding the day on which the Debentures Notes (or specified portions thereof) are deemed to have been convertedconverted and such Closing Price shall be determined as provided in Section 15.5(h).

Cash Payments in Lieu of Fractional Shares. No fractional shares of Common Stock or scrip certificates representing fractional shares shall be issued upon conversion of Debentures. If more than one Debenture Note shall be surrendered for conversion at one time by the same holderHolder, the number of full shares that which shall be issuable upon conversion shall be computed on the basis of the aggregate principal amount of the Debentures Notes (or specified portions thereof to the extent permitted hereby) so surrenderedsurrendered for conversion. If In respect of any fractional share of stock that otherwise would be issuable upon the conversion of any Debenture Note or DebenturesNotes, the Company shall make an adjustment and payment therefor in cash at based upon the current market price thereof or the Company shall, at its option, round such fraction up to the holder nearest whole number of Debenturesshares for issuance upon conversion. The For purposes of this Section 15.03, the "current market price price" of a share of Common Stock shall be the Closing Sale Price of the Common Stock on the last Trading Day immediately preceding the day on which the Debentures Notes (or specified portions thereof) are deemed to have been converted.

Cash Payments in Lieu of Fractional Shares. No fractional shares of Common Stock or scrip certificates representing fractional shares shall be issued upon conversion of DebenturesNotes. If more than one Debenture Note shall be surrendered for conversion at one time by the same holder, the number of full shares that which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Debentures Notes (or specified portions thereof to the extent permitted hereby) so surrenderedsurrendered for conversion. If any fractional share of stock otherwise would be issuable upon the conversion of any Debenture Note or DebenturesNotes, the Company shall make an calculate and pay a cash adjustment and payment therefor in cash lieu of such fractional share at the current market price value thereof to the holder of DebenturesNotes. The current market price value of a share of Common Stock shall be the Closing Sale Price of the Common Stock on the last first Trading Day immediately preceding the day on which the Debentures Notes (or specified portions thereof) are deemed to have been convertedconverted and such Closing Price shall be determined as provided in Section 15.5(f).

Cash Payments in Lieu of Fractional Shares. No fractional shares ------------------------------------------ of Common Stock or scrip certificates representing fractional shares shall be issued upon conversion of DebenturesNotes. If more than one Debenture Note shall be surrendered for conversion at one time by the same holder, the number of full shares that which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Debentures Notes (or specified portions thereof to the extent permitted hereby) so surrenderedsurrendered for conversion. If any fractional share of stock otherwise would be issuable upon the conversion of any Debenture Note or DebenturesNotes, the Company shall make an calculate and pay a cash adjustment and payment therefor in cash lieu of such fractional share at the current market price value thereof to the holder of DebenturesNotes. The current market price value of a share of Common Stock shall be the Closing Sale Price of the Common Stock on the last first Trading Day immediately preceding the day on which the Debentures Notes (or specified portions thereof) are deemed to have been convertedconverted and such Closing Price shall be determined as provided in Section 15.5(h).

Cash Payments in Lieu of Fractional Shares. No fractional shares of Common Stock or scrip certificates representing fractional shares shall be issued upon conversion of DebenturesNotes. If more than one Debenture Note shall be surrendered for conversion at one time by the same holder, the number of full shares that which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Debentures Notes (or specified portions thereof to the extent permitted hereby) so surrenderedsurrendered for conversion. If any fractional share of stock otherwise would be issuable upon the conversion of any Debenture Note or DebenturesNotes, the Company shall make an calculate and pay a cash adjustment and payment therefor in cash lieu of such fractional share at the current market price value thereof to the holder of DebenturesNotes. The For purposes of this Section 15.4, the current market price value of a share of Common Stock shall be the Closing Sale Price of the Common Stock (determined as provided in Section 15.6(e)) on the last Trading Day immediately preceding the day on which the Debentures relevant Notes (or specified portions thereof) are deemed to have been converted.

Cash Payments in Lieu of Fractional Shares. No fractional ------------------------------------------ shares of Common Stock or scrip certificates representing fractional shares shall be issued upon conversion of DebenturesNotes. If more than one Debenture Note shall be surrendered for conversion at one time by the same holderHolder, the number of full shares that which shall be issuable upon conversion shall be computed on the basis of the aggregate principal amount of the Debentures Notes (or specified portions thereof to the extent permitted hereby) so surrendered. If any fractional share of stock Common Stock would be issuable upon the conversion of any Debenture Note or DebenturesNotes, the Company shall make an adjustment and payment therefor in cash at the current market price thereof to the holder of Debenturesvalue thereof. The current market price value of a share of Common Stock shall be the Closing Sale Price of on the Common Stock Neuer Markt on the last Trading Day immediately preceding prior to the day on which the Debentures Notes (or specified portions thereof) are deemed to have been convertedconverted and such Closing Price shall be determined as provided in subsection (f) of Section 10.5.

Cash Payments in Lieu of Fractional Shares. No fractional shares of Common Stock or scrip certificates representing fractional shares shall be issued upon conversion of DebenturesNotes. If more than one Debenture Note shall be surrendered for conversion at one time by the same holder, the number of full shares that which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Debentures Notes (or specified portions thereof to the extent permitted hereby) so surrenderedsurrendered for conversion. If any fractional share of stock otherwise would be issuable upon the conversion of any Debenture Note or DebenturesNotes, the Company shall make an calculate and pay a cash adjustment and payment therefor in cash lieu of such fractional share at the current market price value thereof to the holder of DebenturesNotes. The current market price value of a share of Common Stock shall be the Closing Sale Price of the Common Stock on the last first Trading Day immediately preceding the day on which the Debentures Notes (or specified portions thereof) are deemed to have been converted.converted and such Closing Price shall be determined as provided in Section 15.5(h). -67- 72

Cash Payments in Lieu of Fractional Shares. No fractional shares of Common Stock or scrip certificates representing fractional shares shall be issued upon conversion of DebenturesNotes. If more than one Debenture Note shall be surrendered for conversion at one time by the same holder, the number of full shares that which shall be issuable upon conversion shall be computed on the basis of the aggregate principal amount of the Debentures Notes (or specified portions thereof to the extent permitted hereby) so surrenderedsurrendered for conversion. If any fractional share of stock otherwise would be issuable upon the conversion of any Debenture Note or DebenturesNotes, the Company shall make an adjustment and payment therefor in cash Cash at the current market price value thereof to the holder of DebenturesNotes. The current market price value of a share of Common Stock shall be the Closing Sale Price of the Common Stock on the last first Trading Day immediately preceding the day on which the Debentures Notes (or specified portions thereof) are deemed to have been convertedconverted and such Closing Price shall be determined as provided in Section 15.5(h) hereof.

Cash Payments in Lieu of Fractional Shares. No fractional shares of Common Stock or scrip certificates representing fractional shares shall be issued upon conversion of DebenturesNotes. If more than one Debenture Note shall be surrendered for conversion at one time by the same holder, the number of full shares that shall be issuable upon conversion shall be computed on the basis of the aggregate principal amount of the Debentures Notes (or specified portions thereof to the extent permitted hereby) so surrendered. If any fractional share of stock would be issuable upon the conversion of any Debenture Note or DebenturesNotes, the Company shall make an adjustment and payment therefor in cash at the current market price thereof to the holder of DebenturesNotes. The For purposes of this Section 14.03, the "current market price price" of a share of Common Stock shall be the Closing Sale Price of the Common Stock on the last Trading Business Day immediately preceding the day on which the Debentures Notes (or specified portions thereof) are deemed to have been converted.

Cash Payments in Lieu of Fractional Shares. No fractional shares of Common Stock or scrip certificates representing fractional shares shall be issued upon conversion of DebenturesNotes. If more than one Debenture Note shall be surrendered for conversion at one time by the same holder, the number of full shares that which shall be issuable upon conversion shall be computed on the basis of the aggregate principal amount at maturity of the Debentures Notes (or specified portions thereof to the extent permitted hereby) so surrendered. If any fractional share of stock would be issuable upon the conversion of any Debenture Note or DebenturesNotes, the Company shall make an adjustment and payment therefor in cash at the current market price thereof to value thereof. For these purposes, the holder of Debentures. The current market price value of a share of Common Stock shall be the Closing Sale Price of the Common Stock last reported sale price on the last Trading Day first day (which is not a Legal Holiday as defined in Section 17.06) immediately preceding the day on which the Debentures Notes (or specified portions thereof) are deemed to have been convertedconverted and such last reported sale price shall be determined as provided in subsection (f) of Section 15.05.

Cash Payments in Lieu of Fractional Shares. No fractional shares of Common Stock or scrip certificates representing fractional shares shall be issued upon conversion of DebenturesNotes. If more than one Debenture Note shall be surrendered for conversion at one time by the same holder, the number of full shares that which shall be issuable upon conversion thereof shall be computed on the basis of the aggregate principal amount of the Debentures Notes (or specified portions thereof to the extent permitted hereby) so surrenderedsurrendered for conversion. If any fractional share of stock otherwise would be issuable upon the conversion of any Debenture Note or DebenturesNotes, the Company shall make an calculate and pay a cash adjustment and payment therefor in cash lieu of such fractional share at the current market price value thereof to the holder of DebenturesNotes. The current market price value of a share of Common Stock shall be the Closing Sale Price of the Common Stock on the last first Trading Day immediately preceding the day on which the Debentures Notes (or specified portions thereof) are deemed to have been convertedconverted and such Closing Price shall be determined as provided in Section 15.5(h).

Cash Payments in Lieu of Fractional Shares. No fractional shares of Common Stock or scrip certificates representing fractional shares shall be issued upon conversion of DebenturesNotes. If more than one Debenture Note shall be surrendered for conversion at one time by the same holder, the number of full shares that which shall be issuable upon conversion shall be computed on the basis of the aggregate principal amount of the Debentures Notes (or specified portions thereof to the extent permitted hereby) so surrenderedsurrendered for conversion. If any fractional share of stock otherwise would be issuable upon the conversion of any Debenture Note or DebenturesNotes, the Company shall make an adjustment and payment therefor in cash at the current market price value thereof to the holder of DebenturesNotes. The For these purposes, the current market price value of a share of Common Stock shall be the Closing Sale Price of the Common Stock on the last first Trading Day immediately preceding the day on which the Debentures Notes (or specified portions thereof) are deemed to have been convertedconverted and such Closing Price shall be determined as provided in Section 15.5(g).

Cash Payments in Lieu of Fractional Shares. No fractional ------------------------------------------ shares of Common Stock or scrip certificates representing fractional shares shall be issued upon conversion of DebenturesNotes. If more than one Debenture Note shall be surrendered for conversion at one time by the same holder, the number of full shares that which shall be issuable upon conversion shall be computed on the basis of the aggregate principal amount of the Debentures Notes (or specified portions thereof to the extent permitted hereby) so surrenderedsurrendered for conversion. If any fractional share of stock otherwise would be issuable upon the conversion of any Debenture Note or DebenturesNotes, the Company shall make an adjustment and payment therefor in cash at the current market price value thereof to the holder of DebenturesNotes. The current market price value of a share of Common Stock shall be the Closing Sale Price of the Common Stock on the last first Trading Day immediately preceding the day on which the Debentures Notes (or specified portions thereof) are deemed to have been convertedconverted and such Closing Price shall be determined as provided in Section 15.5(h).

Cash Payments in Lieu of Fractional Shares. No fractional shares of Common Stock or scrip certificates representing fractional shares shall be issued upon conversion of DebenturesNotes. If more than one Debenture Note shall be surrendered for conversion at one time by the same holderHolder, the number of full shares that shall be issuable upon conversion shall be computed on the basis of the aggregate original principal amount of the Debentures Notes (or specified portions thereof to the extent permitted hereby) so surrendered. If any fractional share of stock would be issuable upon the conversion of any Debenture Note or DebenturesNotes, the Company shall make an adjustment and payment therefor in cash at the current market price thereof to the holder Holder of DebenturesNotes. The current market price of a share of Common Stock shall be the Closing Sale Price of the Common Stock on the last Trading Day immediately preceding the day on which the Debentures Notes (or specified portions thereof) are deemed to have been converted.

Cash Payments in Lieu of Fractional Shares. No ------------------------------------------ fractional shares of Common Stock or scrip certificates representing fractional shares shall be issued upon conversion of DebenturesNotes. If more than one Debenture Note shall be surrendered for conversion at one time by the same holder, the number of full shares that which shall be issuable upon conversion shall be computed on the basis of the aggregate principal amount of the Debentures Notes (or specified portions thereof to the extent permitted hereby) so surrenderedsurrendered for conversion. If any fractional share of stock otherwise would be issuable upon the conversion of any Debenture Note or DebenturesNotes, the Company shall make an adjustment and payment therefor in cash at the current market price thereof to the holder of Debenturesvalue thereof. The current market price value of a share of Common Stock shall be the Closing Sale Price of the a share of Common Stock on the last first Trading Day immediately preceding the day on which the Debentures Notes (or specified portions thereof) are deemed to have been convertedconverted and such Closing Price shall be determined as provided in Section 15.5(g).