Common use of Contingent Interest Clause in Contracts

Contingent Interest. Beginning with the six-month interest period ending June 14, 2019, the Company will pay contingent interest (“Contingent Interest”) 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 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. 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 0.50% per annum of the average Trading Price for $1,000 principal amount of Securities during the five Trading-Day measuring period ending on the third day immediately preceding the first day of applicable six-month interest period used to determine whether Contingent Interest must be paid. The Trustee’s sole responsibility pursuant to this Section 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 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 4.03 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. Beginning with the six-month interest period ending June 14, 2019, the Company will pay contingent Additional interest (“Contingent Interest”) to will accrue on each Note beginning with the Holders period commencing on August 20, 2014 and ending on February 14, 2015, and for each of Securities for any the six-month interest period from and including an interest payment date to but excluding the next interest payment dateperiods thereafter commencing on February 15, 2015, if the average Trading Price of the Securities for each of Notes during the five Applicable Five-Day Trading Days ending on the third day immediately preceding the first day of the applicable six-month interest period Period with respect to such Interest Period equals or exceeds 120% or more of the principal amount of the SecuritiesNotes. For any six-month interest period when If Contingent Interest is payableaccrues 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 Notes shall equal 0.50an annual rate of 0.30% per annum of the average Trading Price for $1,000 principal amount of Securities during the five TradingApplicable Five-Day measuring period ending on the third day immediately preceding the first day of applicable six-month interest period used Trading Period with respect to determine whether Contingent such Interest must be paidPeriod. The Trustee’s sole responsibility pursuant to this Section 4.01 hereof shall be to obtain the Trading Price of the Securities Notes for each of Trading Day during the five Applicable Five-Day Trading Days immediately preceding the first day of each applicable six-month interest period 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 4.03 and to the Trustee setting forth the amount of Contingent Interest per $1,000 principal amount of Securities4.03. 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. Beginning Additional interest ("Contingent Interest") will accrue on each Debenture during an Interest Period, beginning with the six-month interest period ending June 14Interest Period commencing on April 15, 2019, the Company will pay contingent interest (“Contingent Interest”) 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 date2009, if the average Trading Price of the Securities for each of Debentures during the five Applicable Five-Day Trading Days ending on the third day immediately preceding the first day of the applicable six-month interest period Period equals or exceeds 120125% of the principal amount of the SecuritiesDebentures. For any six-month interest period when If Contingent Interest is payableaccrues 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 0.500.25% per annum of the average Trading Price for $1,000 principal amount of Securities during the five TradingApplicable Five-Day measuring period ending on the third day immediately preceding the first day of applicable six-month interest period used Trading Period with respect to determine whether Contingent such Interest must be paidPeriod. The Trustee’s 's sole responsibility pursuant to this Section 4.01 hereof 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 each 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 4.03 and to the Trustee setting forth the amount of Contingent Interest per $1,000 principal amount of Securities4.03. 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. Beginning Additional interest ("Contingent Interest") will accrue on each Note beginning with the period commencing on May 1, 2011 and ending on November 1, 2011, and for each of the six-month interest period ending June 14periods thereafter commencing on November 1, 2019, the Company will pay contingent interest (“Contingent Interest”) 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 date2011, if the average Trading Price of the Securities for each of Notes during the five Applicable Five-Day Trading Days ending on the third day immediately preceding the first day of the applicable six-month interest period Period with respect to such Interest Period equals or exceeds 120% or more of the principal amount of the SecuritiesNotes. For any six-month interest period when If Contingent Interest is payableaccrues 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 Notes shall equal 0.50an annual rate of 0.40% per annum of the average Trading Price for $1,000 principal amount of Securities during the five TradingApplicable Five-Day measuring period ending on the third day immediately preceding the first day of applicable six-month interest period used Trading Period with respect to determine whether Contingent such Interest must be paidPeriod. The Trustee’s 's sole responsibility pursuant to this Section 4.01 hereof shall be to obtain the Trading Price of the Securities Notes for each of Trading Day during the five Applicable Five-Day Trading Days immediately preceding the first day of each 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 whether Holders holders are entitled to receive Contingent Interest, and if so, provide notice pursuant to Section 4.03 and to the Trustee setting forth the amount of Contingent Interest per $1,000 principal amount of Securities4.03. 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. Beginning with the six-month interest period ending June 14, 2019, the Company will pay contingent Additional interest (“Contingent Interest”) to will accrue on each Note beginning with the Holders period commencing on November 8, 2011 and ending on April 30, 2012, and for each of Securities for any the six-month interest period from and including an interest payment date to but excluding the next interest payment dateperiods thereafter commencing on May 1, 2012, if the average Trading Price of the Securities for each of Notes during the five Applicable Five-Day Trading Days ending on the third day immediately preceding the first day of the applicable six-month interest period Period with respect to such Interest Period equals or exceeds 120% of the principal amount of the SecuritiesNotes. For any six-month interest period when If Contingent Interest is payableaccrues 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 Notes shall equal 0.50an annual rate of 0.25% per annum of the average Trading Price for $1,000 principal amount of Securities during the five TradingApplicable Five-Day measuring period ending on the third day immediately preceding the first day of applicable six-month interest period used Trading Period with respect to determine whether Contingent such Interest must be paidPeriod. The Trustee’s sole responsibility pursuant to this Section 4.01 hereof 16.01 shall be to obtain the Trading Price of the Securities Notes for each of Trading Day during the five Applicable Five-Day Trading Days immediately preceding the first day of each applicable six-month interest period 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 4.03 and to the Trustee setting forth the amount of Contingent Interest per $1,000 principal amount of Securities16.03. 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. Beginning with the six-month interest period ending June 14, 2019, the Company will pay contingent Additional interest (“Contingent Interest”) to will accrue on each Note beginning with the Holders period commencing on August 20, 2009 and ending on February 14, 2010, and for each of Securities for any the six-month interest period from and including an interest payment date to but excluding the next interest payment dateperiods thereafter commencing on February 15, 2010, if the average Trading Price of the Securities for each of Notes during the five Applicable Five-Day Trading Days ending on the third day immediately preceding the first day of the applicable six-month interest period Period with respect to such Interest Period equals or exceeds 120% or more of the principal amount of the SecuritiesNotes. For any six-month interest period when If Contingent Interest is payableaccrues 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 Notes shall equal 0.50an annual rate of 0.30% per annum of the average Trading Price for $1,000 principal amount of Securities during the five TradingApplicable Five-Day measuring period ending on the third day immediately preceding the first day of applicable six-month interest period used Trading Period with respect to determine whether Contingent such Interest must be paidPeriod. The Trustee’s sole responsibility pursuant to this Section 4.01 hereof shall be to obtain the Trading Price of the Securities Notes for each of Trading Day during the five Applicable Five-Day Trading Days immediately preceding the first day of each applicable six-month interest period 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 4.03 and to the Trustee setting forth the amount of Contingent Interest per $1,000 principal amount of Securities4.03. 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.