Common use of Combination Settlement Clause in Contracts

Combination Settlement. If Combination Settlement is applicable to any Option exercised or deemed exercised hereunder, in lieu of the obligations set forth in Sections 8.1 and 9.1 of the Equity Definitions, Dealer will deliver to Counterparty, on the relevant Settlement Date for each such Option: (i) cash equal to the product of (A) the Applicable Percentage and (B) the excess of (x) the cash that Counterparty is obligated to deliver to the “Holder(s)” (as defined in the Indenture) of the Relevant Convertible Note converted on such Conversion Date pursuant to Section 12.01(d) of the Indenture (including cash paid in respect of fractional shares but excluding any cash paid in respect of interest) over (y) USD 1,000 per Relevant Convertible Note (the “Combination Settlement Cash Amount”); and (ii) a number of Shares equal to the product of (A) the Applicable Percentage and (B) the number of Shares that Counterparty is obligated to deliver to the “Holder(s)” (as defined in the Indenture) of the Relevant Convertible Note converted on such Conversion Date pursuant to Section 12.01(d) of the Indenture.