Common use of Contingent Interest Clause in Contracts

Contingent Interest. Beginning with the six-month interest period commencing November 15, 2019, the Company will pay interest (“Contingent Interest”) during any six-month interest period if the Trading Price of the Securities for each of the five Trading Days ending on the second Trading Day immediately preceding the first day of the applicable six-month interest period equals or exceeds 120% of the principal amount of the Securities. During any six-month interest period when Contingent Interest is payable, the Contingent Interest payable on each $1,000 principal amount of Securities shall equal 0.375% of the average Trading Price of $1,000 principal amount of Securities during the five Trading Days ending on the second Trading Day immediately preceding the first day of the applicable six-month interest period used to determine whether Contingent Interest must be paid. The Trustee’s sole responsibility pursuant to this Section 5.08 shall be to obtain the Trading Price of the Securities for each of the five Trading Days immediately preceding the first day of the applicable six-month interest period and to provide such information to the Company. The Company shall determine whether Holders are entitled to receive Contingent Interest, and if so, provide notice pursuant to Section 5.09. Notwithstanding any term contained in this Indenture or any other document to the contrary, the Trustee shall have no responsibilities, duties or obligations for or with respect to (i) determining whether the Company must pay Contingent Interest or (ii) determining the amount of Contingent Interest, if any, payable by the Company. Contingent Interest for any period shall be paid on the same date and to the same Person entitled to receive other interest payable on any Securities. Contingent Interest due under this Section 5.08 shall be treated for all purposes of this Indenture like any other interest accruing on the Securities.

Contingent Interest. Beginning with the six-month interest period commencing November 15, 2019, the Company will pay interest (“Contingent Interest”) during any six-month interest period if the Trading Price of the Securities for each of the five Trading Days ending on the second Trading Day immediately preceding the first day of the applicable six-month interest period equals or exceeds 120% of the principal amount of the Securities. During any six-month interest period when Contingent Interest is payable, the Contingent Interest payable on each $1,000 principal amount of Securities shall equal 0.3750.50% of the average Trading Price of $1,000 principal amount of Securities during the five Trading Days ending on the second Trading Day immediately preceding the first day of the applicable six-month interest period used to determine whether Contingent Interest must be paid. The Trustee’s sole responsibility pursuant to this Section 5.08 shall be to obtain the Trading Price of the Securities for each of the five Trading Days immediately preceding the first day of the applicable six-month interest period and to provide such information to the Company. The Company shall determine whether Holders are entitled to receive Contingent Interest, and if so, provide notice pursuant to Section 5.09. Notwithstanding any term contained in this Indenture or any other document to the contrary, the Trustee shall have no responsibilities, duties or obligations for or with respect to (i) determining whether the Company must pay Contingent Interest or (ii) determining the amount of Contingent Interest, if any, payable by the Company. Contingent Interest for any period shall be paid on the same date and to the same Person entitled to receive other interest payable on any Securities. Contingent Interest due under this Section 5.08 shall be treated for all purposes of this Indenture like any other interest accruing on the Securities.

Contingent Interest. Beginning with the six-month interest period commencing ending November 1514, 20192017, the Company will pay contingent interest (“Contingent Interest”) during to the Holders of Securities for any six-month interest period from and including an interest payment date to but excluding the next interest payment date, if the average Trading Price of the Securities for each of the five Trading Days ending on the second Trading Day third day immediately preceding the first day of the applicable six-month interest period equals or exceeds 120[ ]% of the principal amount of the Securities. During For any six-month interest period when Contingent Interest is payable, the Contingent Interest payable on each $1,000 principal amount of Securities shall equal 0.375[ ]% per annum of the average Trading Price of for $1,000 principal amount of Securities during the five Trading Days Trading-Day measuring period ending on the second Trading Day third day immediately preceding the first day of the applicable six-month interest period used to determine whether Contingent Interest must be paid. The Trustee’s sole responsibility pursuant to this Section 5.08 4.01 hereof shall be to obtain the Trading Price of the Securities for each of the five Trading Days immediately preceding the first day of the each applicable six-month interest period and to provide such information to the Company. The Company shall determine whether Holders are entitled to receive Contingent Interest, and if so, provide notice pursuant to Section 5.094.03 and to the Trustee setting forth the amount of Contingent Interest per $1,000 principal amount of Securities. Notwithstanding any term contained in this Indenture or any other document to the contrary, the Trustee shall have no responsibilities, duties or obligations for or with respect to (i) determining whether the Company must pay Contingent Interest or (ii) determining the amount of Contingent Interest, if any, payable by the Company. Contingent Interest for any period shall be paid on the same date and to the same Person entitled to receive other interest payable on any Securities. Contingent Interest due under this Section 5.08 shall be treated for all purposes of this Indenture like any other interest accruing on the Securities.

Contingent Interest. Beginning with the six-month interest period commencing ending November 1514, 20192017, the Company will pay contingent interest (“Contingent Interest”) during to the Holders of Securities for any six-month interest period from and including an interest payment date to but excluding the next interest payment date, if the average Trading Price of the Securities for each of the five Trading Days ending on the second Trading Day third day immediately preceding the first day of the applicable six-month interest period equals or exceeds 120% of the principal amount of the Securities. During For any six-month interest period when Contingent Interest is payable, the Contingent Interest payable on each $1,000 principal amount of Securities shall equal 0.3750.50% per annum of the average Trading Price of for $1,000 principal amount of Securities during the five Trading Days Trading-Day measuring period ending on the second Trading Day third day immediately preceding the first day of the applicable six-month interest period used to determine whether Contingent Interest must be paid. The Trustee’s sole responsibility pursuant to this Section 5.08 4.01 hereof shall be to obtain the Trading Price of the Securities for each of the five Trading Days immediately preceding the first day of the each applicable six-month interest period and to provide such information to the Company. The Company shall determine whether Holders are entitled to receive Contingent Interest, and if so, provide notice pursuant to Section 5.094.03 and to the Trustee setting forth the amount of Contingent Interest per $1,000 principal amount of Securities. Notwithstanding any term contained in this Indenture or any other document to the contrary, the Trustee shall have no responsibilities, duties or obligations for or with respect to (i) determining whether the Company must pay Contingent Interest or (ii) determining the amount of Contingent Interest, if any, payable by the Company. Contingent Interest for any period shall be paid on the same date and to the same Person entitled to receive other interest payable on any Securities. Contingent Interest due under this Section 5.08 shall be treated for all purposes of this Indenture like any other interest accruing on the Securities.

Contingent Interest. Beginning with the six-month interest period commencing November 15February 1, 20192012, the Company will pay contingent interest (“Contingent Interest”) during any six-month interest period to the holders of the Debentures if the Trading Price of the Securities Debentures for each of the five Trading Days ending on the second Trading Day immediately preceding the first day of the applicable six-month interest period equals or exceeds 120% of the principal amount of the SecuritiesDebentures. During any six-month interest period when Contingent Interest is payable, the Contingent Interest payable on each $1,000 principal amount of Securities Debentures shall equal 0.3750.25% of the average Trading Price of $1,000 principal amount of Securities Debentures during the five Trading Days ending on the second Trading Day immediately preceding the first day of the applicable six-month interest period used to determine whether Contingent Interest must be paid. The Trustee’s sole responsibility pursuant to this Section 5.08 5.02 shall be to obtain the Trading Price of the Securities Debentures for each of the five Trading Days ending on the second Trading Day immediately preceding the first day of the applicable six-month interest period and to provide such information to the Company. The Company shall determine whether Holders holders are entitled to receive Contingent Interest, and if so, provide notice pursuant to Section 5.095.03 and determine the amount of Contingent Interest payable. Notwithstanding any term contained in this First Supplemental Indenture or any other document to the contrary, the Trustee shall have no responsibilities, duties or obligations for or with respect to (i) determining whether the Company must pay Contingent Interest or (ii) determining the amount of Contingent Interest, if any, payable by the Company. Contingent Interest interest for any period shall be paid on the same date and to the same Person entitled to receive other interest payable on any SecuritiesDebentures. Contingent Interest due under this Section 5.08 5.02 shall be treated for all purposes of this First Supplemental Indenture like any other interest accruing on the SecuritiesDebentures.

Contingent Interest. Beginning with the six-month interest period commencing November 15June 1, 20192011, the Company will pay contingent interest (“Contingent Interest”) during to the Noteholders for any six-month interest period if the Trading Price of the Securities for each of the five Trading Days ending on the second Trading Day immediately preceding the first day of the applicable six-month interest period equals or exceeds 120% of the principal amount of the SecuritiesNotes. During For any six-month interest period when Contingent Interest is payable, the Contingent Interest payable on each $1,000 principal amount of Securities Note shall equal 0.3750.40% of the average Trading Price of for $1,000 principal amount of Securities Notes during the five Trading Days ending on the second Trading Day measuring period immediately preceding the first day of the applicable six-month interest period used to determine whether Contingent Interest must be paid. The Trustee’s sole responsibility pursuant to this Section 5.08 4.01 hereof shall be to use its best efforts to obtain the Trading Price of the Securities Notes for each of the five Trading Days immediately preceding the first day of the applicable six-month interest period and to provide such information to the Company. The Company shall cooperate with the Trustee in obtaining such Trading Prices and shall determine whether Holders holders are entitled to receive Contingent Interest, and if so, provide notice pursuant to Section 5.094.03. Notwithstanding any term contained in this Indenture or any other document to the contrary, the Trustee shall have no responsibilities, duties or obligations for or with respect to (i) determining whether the Company must pay Contingent Interest or (ii) determining the amount of Contingent Interest, if any, payable by the Company. Contingent Interest for any period shall be paid on the same date and to the same Person entitled to receive other interest payable on any Securities. Contingent Interest due under this Section 5.08 shall be treated for all purposes of this Indenture like any other interest accruing on the Securities.

Contingent Interest. Beginning with the six-month interest period commencing November 15, 2019, the Company will pay Additional interest (“Contingent Interest”"CONTINGENT INTEREST") will accrue on each Debenture during any six-month interest period the Interest Period commencing on May 20, 2011 and ending November 14, 2011, if the average Trading Price of the Securities for each of Debentures during the five Applicable Five-Day Trading Days ending on the second Trading Day Period immediately preceding the first day of the applicable six-month interest period such Interest Period equals or exceeds 120125% of the principal amount of the SecuritiesDebentures. During any six-month interest period when Thereafter, Contingent Interest is payablewill accrue on each Debenture during an Interest Period if the average Trading Price of the Debentures during the Applicable Five Day Trading Period immediately preceding Interest Period equals or exceeds 125% of the principal amount of the Debentures. If Contingent Interest accrues during an Interest Period pursuant to the preceding sentence, the amount of Contingent Interest payable on each with respect to such Interest Period per $1,000 principal amount of Securities Debentures shall equal 0.3750.25% of the average Trading Price of $1,000 principal amount of Securities during the five Applicable Five-Day Trading Days ending on the second Trading Day immediately preceding the first day of the applicable six-month interest period used Period with respect to determine whether Contingent such Interest must be paidPeriod. The Trustee’s 's sole responsibility pursuant to this Section 5.08 4.01 shall be to obtain the bids for determining the Trading Price of the Securities Debentures for each of Trading Day during the five Applicable Five-Day Trading Days immediately preceding the first day of the applicable six-month interest period Period and to provide such information to the Company, to the extent that the Trustee is then the Bid Solicitation Agent. The Company shall determine the Trading Price and whether Holders holders are entitled to receive Contingent Interest, and if so, provide notice pursuant to Section 5.094.03. Notwithstanding any term contained in this Indenture or any other document to the contrary, the Trustee shall have no responsibilities, duties or obligations for or with respect to (i) determining whether the Company must pay Contingent Interest or (ii) determining the amount of Contingent Interest, if any, payable by the Company. Contingent Interest for any period shall be paid on the same date and to the same Person entitled to receive other interest payable on any Securities. Contingent Interest due under this Section 5.08 shall be treated for all purposes of this Indenture like any other interest accruing on the Securities.

Contingent Interest. Beginning with the six-month interest period commencing November 15ending May 14, 20192016, the Company will pay contingent interest (“Contingent Interest”) during to the Holders of Securities for any six-month interest period [[NYCORP:2552346v6:4259b:11/07/05--10:59 p]] from and including an interest payment date to but excluding the next interest payment date, if the average Trading Price of the Securities for each of the five Trading Days ending on the second Trading Day third day immediately preceding the first day of the applicable six-month interest period equals or exceeds 120% of the principal amount of the Securities. During For any six-month interest period when Contingent Interest is payable, the Contingent Interest payable on each $1,000 principal amount of Securities shall equal 0.3750.50% per annum of the average Trading Price of for $1,000 principal amount of Securities during the five Trading Days Trading-Day measuring period ending on the second Trading Day third day immediately preceding the first day of the applicable six-month interest period used to determine whether Contingent Interest must be paid. The Trustee’s sole responsibility pursuant to this Section 5.08 4.01 hereof shall be to obtain the Trading Price of the Securities for each of the five Trading Days immediately preceding the first day of the each applicable six-month interest period and to provide such information to the Company. The Company shall determine whether Holders are entitled to receive Contingent Interest, and if so, provide notice pursuant to Section 5.094.03 and to the Trustee setting forth the amount of Contingent Interest per $1,000 principal amount of Securities. Notwithstanding any term contained in this Indenture or any other document to the contrary, the Trustee shall have no responsibilities, duties or obligations for or with respect to (i) determining whether the Company must pay Contingent Interest or (ii) determining the amount of Contingent Interest, if any, payable by the Company. Contingent Interest for any period shall be paid on the same date and to the same Person entitled to receive other interest payable on any Securities. Contingent Interest due under this Section 5.08 shall be treated for all purposes of this Indenture like any other interest accruing on the Securities.

Contingent Interest. Beginning Additional interest ("CONTINGENT INTEREST") will accrue on each Debenture during a Contingent Interest Period, beginning with the six-month interest period Contingent Interest Period commencing November 15on June 20, 20192011, the Company will pay interest (“Contingent Interest”) during any six-month interest period if the average Trading Price of the Securities for each of Debentures during the five Applicable Five-Day Trading Days ending on the second Trading Day Period immediately preceding the first day of the applicable six-month interest period Contingent Interest Period equals or exceeds 120130% of the principal amount Accreted Principal Amount of the SecuritiesDebentures. During On any six-month interest period Interest Payment Date when Contingent Interest is shall be payable, the amount of Contingent Interest payable on each with respect to the Contingent Interest Period per $1,000 principal amount Original Principal Amount of Securities Debentures shall equal 0.3750.125% of the average Trading Price of $1,000 principal amount of Securities during the five Applicable Five-Day Trading Days ending on the second Trading Day immediately preceding the first day of the applicable six-month interest period used Period with respect to determine whether such Contingent Interest must be paidPeriod. The Trustee’s 's sole responsibility pursuant to this Section 5.08 4.01 shall be to obtain the bids for determining the Trading Price of the Securities Debentures for each of Trading Day during the five Applicable Five-Day Trading Days immediately preceding the first day of the applicable six-month interest period Period and to provide such information to the Company, to the extent that the Trustee is then the Bid Solicitation Agent. The Company shall determine the Trading Price and whether Holders holders are entitled to receive Contingent Interest, and if so, provide notice pursuant to Section 5.094.03. Notwithstanding any term contained in this Indenture or any other document to the contrary, the Trustee shall have no responsibilities, duties or obligations for or with respect to (i) determining whether the Company must pay Contingent Interest or (ii) determining the amount of Contingent Interest, if any, payable by the Company. Contingent Interest for any period shall be paid on the same date and to the same Person entitled to receive other interest payable on any Securities. Contingent Interest due under this Section 5.08 shall be treated for all purposes of this Indenture like any other interest accruing on the Securities.