Common use of Market Capitalization Clause in Contracts

Market Capitalization. As of the close of trading on the Exchange on the Trading Day immediately prior to the date of this Agreement, the aggregate market value of the outstanding voting and non-voting common equity (as defined in Rule 405) of the Company held by persons other than affiliates of the Company (pursuant to Rule 144 of the Securities Act Regulations, those that directly, or indirectly through one or more intermediaries, control, or are controlled by, or are under common control with, the Company) (the “Non-Affiliate Shares”), was approximately $43.9 million (calculated by multiplying (x) the highest price at which the common equity of the Company was last sold on the Exchange on a Trading Day within 60 days prior to the date of this Agreement times (y) the number of Non-Affiliate Shares). The Company is not a shell company (as defined in Rule 405) and has not been a shell company for at least 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in Instruction I.B.6 of Form S-3) with the Commission at least 12 calendar months previously reflecting its status as an entity that is not a shell company.

Market Capitalization. At the time the Registration Statement will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 20-F was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form F-3 under the Securities Act, including but not limited to Instruction I.B.5 of Form F-3. As of the close of trading on the Exchange on the Trading Day immediately prior to the date of this Agreement, the aggregate market value of the outstanding voting and non-voting common equity (as defined in Securities Act Rule 405) of the Company held by persons other than affiliates of the Company (pursuant to Rule 144 of the Securities Act RegulationsRule 144, those that directly, or indirectly through one or more intermediaries, control, or are controlled by, or are under common control with, the Company) (the “Non-Affiliate Shares”), was approximately $43.9 million 69,077,000 (calculated by multiplying (x) the highest price at which the common equity of the Company was last sold closed on the Exchange on a Trading Day within 60 days prior to of the date of this Agreement times (y) the number of Non-Affiliate Shares). The Company is not a shell company (as defined in Rule 405405 under the Securities Act) and has not been a shell company for at least 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in Instruction I.B.6 I.B.5 of Form S-3F-3) with the Commission at least 12 calendar months previously reflecting its status as an entity that is not a shell company.

Market Capitalization. As of the close of trading on the Exchange on the Trading Day immediately prior to the date of this Agreement, the aggregate market value of the outstanding voting and non-voting common equity (as defined in Securities Act Rule 405) of the Company held by persons other than affiliates of the Company (pursuant to Rule 144 of the Securities Act RegulationsRule 144, those that directly, or indirectly through one or more intermediaries, control, or are controlled by, or are under common control with, the Company) (the “Non-Affiliate Shares”), was approximately equal to or greater than $43.9 100 million (calculated by multiplying (x) the highest price at which the common equity of the Company was last sold closed on the Exchange on a Trading Day within 60 days prior to of the date of this Agreement times (y) the number of Non-Affiliate Shares). The Company is not a shell company (as defined in Rule 405405 under the Securities Act) and has not been a shell company for at least 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in Instruction I.B.6 of Form S-3) with the Commission at least 12 calendar months previously reflecting its status as an entity that is not a shell company.

Market Capitalization. As of At the close of trading time the Registration Statement was originally declared effective, and at the time the Company’s most recent Annual Report on Form 20-F was filed with the Exchange on the Trading Day immediately prior to the date of this AgreementCommission, the Company met the then applicable requirements for the use of Form F-3 under the Securities Act, including, but not limited to, General Instruction I.B.1 of Form F-3. The aggregate market value of the outstanding voting and non-voting common equity (as defined in Securities Act Rule 405) of the Company held by persons other than affiliates of the Company (pursuant to Rule 144 of the Securities Act RegulationsRule 144, those that directly, or indirectly through one or more intermediaries, control, or are controlled by, or are under common control with, the Company) (the “Non-Affiliate Shares”), was approximately equal to or greater than $43.9 75 million (calculated by multiplying (x) the highest price at which the common equity of the Company was last sold closed on the Exchange on a Trading Day within 60 days prior to of the date of this Agreement times (y) the number of Non-Affiliate Shares). The Company is not a shell company (as defined in Rule 405405 under the Securities Act) and has not been a shell company for at least 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in Instruction I.B.6 I.B.5 of Form S-3F-3) with the Commission at least 12 calendar months previously reflecting its status as an entity that is not a shell company.

Market Capitalization. As of At the close of trading time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 20-F was filed with the Exchange on the Trading Day immediately prior to the date of this AgreementCommission, the Company met or will meet the then applicable requirements for the use of Form F-3 under the Securities Act, including, but not limited to, General Instruction I.B.1/I.B.5 of Form F-3. The aggregate market value of the outstanding voting and non-voting common equity (as defined in Securities Act Rule 405) of the Company held by persons other than affiliates of the Company (pursuant to Rule 144 of the Securities Act RegulationsRule 144, those that directly, or indirectly through one or more intermediaries, control, or are controlled by, or are under common control with, the Company) (the “Non-Affiliate Shares”), was approximately equal to or greater than $43.9 75.0 million (calculated by multiplying (x) the highest price at which the common equity of the Company was last sold closed on the Exchange on a Trading Day within 60 days prior to of the date of this Agreement times (y) the number of Non-Affiliate Shares). The Company is not a shell company (as defined in Rule 405405 under the Securities Act) and has not been a shell company for at least 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in Instruction I.B.6 I.B.5 of Form S-3F-3) with the Commission at least 12 calendar months previously reflecting its status as an entity that is not a shell company.

Market Capitalization. As of At the close of trading time the Registration Statement was or will be declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Exchange on the Trading Day immediately prior to the date of this AgreementCommission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.6 of Form S-3, if applicable. The aggregate market value of the outstanding voting and non-voting common equity (as defined in Securities Act Rule 405) of the Company held by persons other than affiliates of the Company (pursuant to Rule 144 of the Securities Act RegulationsRule 144, those that directly, or indirectly through one or more intermediaries, control, or are controlled by, or are under common control with, the Company) (the “Non-Affiliate Shares”), was equal to approximately $43.9 51.8 million (calculated by multiplying (x) the highest price at which the common equity of the Company was last sold closed on the Exchange on a Trading Day within 60 sixty days prior to of the date of this Agreement times (y) the number of Non-Affiliate Shares). The Company is not a shell company (as defined in Rule 405405 under the Securities Act) and has not been a shell company for at least 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in Instruction I.B.6 of Form S-3) with the Commission at least 12 calendar months previously reflecting its status as an entity that is not a shell company.

Market Capitalization. As of At the close of trading time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Exchange on the Trading Day immediately prior to the date of this AgreementCommission, the Company met or will meet, as applicable, the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction IB.1 or I.B.6, as applicable, of Form S-3. The aggregate market value of the outstanding voting and non-voting common equity (as defined in Rule 405) of the Company held by persons other than affiliates of the Company (pursuant to Rule 144 of under the Securities Act Regulations, those that directly, or indirectly through one or more intermediaries, control, or are controlled by, or are under common control with, the Company) (the “Non-Affiliate Shares”), was approximately equal to $43.9 million 99,343,402 (calculated by multiplying (x) the highest price at which the common equity of the Company was last sold closed on the Exchange on a Trading Day within 60 days prior to of the date of this Agreement times (y) the number of Non-Affiliate Shares). The Company is not a shell company (as defined in Rule 405) and has not been a shell company for at least 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in Instruction I.B.6 of Form S-3) with the Commission at least 12 calendar months previously reflecting its status as an entity that is not a shell company.

Market Capitalization. As of At the close of trading time the Registration Statement was originally declared effective, and at each time that the Company filed an Annual Report on Form 10-K with the Exchange on the Trading Day immediately Commission after such effective date and prior to the date of this Agreementeach Applicable Time, the Company met the then applicable requirements for the use of Form S-3 under the Securities Act, including but not limited to Instruction I.B.1. The aggregate market value of the outstanding voting and non-voting common equity (as defined in Securities Act Rule 405) of the Company held by persons other than affiliates of the Company (pursuant to Rule 144 of the Securities Act RegulationsRule 144, those that directly, or indirectly through one or more intermediaries, control, or are controlled by, or are under common control with, the Company) (the “Non-Affiliate Shares”), was approximately greater than $43.9 75 million (calculated by multiplying (x) the highest price at which the common equity Common Stock closed, or the average of the Company was last sold bid and asked prices of the Common Stock, on the Exchange on as of a Trading Day date within 60 days prior to the date of this Agreement times (y) the number of Non-Affiliate Shares). The Company is not a shell company (as defined in Rule 405405 under the Securities Act) and has not been a shell company for at least 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in Instruction I.B.6 of Form S-3) with the Commission at least 12 calendar months previously reflecting its status as an entity that is not a shell company.

Market Capitalization. At the time the Registration Statement was or will be declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.6 of Form S-3, if applicable. As of the close of trading on the Exchange on the Trading Day immediately prior to the date of this AgreementNovember 18, 2016, the aggregate market value of the outstanding voting and non-voting common equity (as defined in Rule 405) of the Company held by persons other than affiliates of the Company (pursuant to Rule 144 of the Securities Act RegulationsAct, those that directly, or indirectly through one or more intermediaries, control, or are controlled by, or are under common control with, the Company) (the “Non-Affiliate Shares”), was approximately $43.9 18.8 million (calculated by multiplying (x) the highest price at which the common equity of the Company was last sold on the Exchange on a Trading Day within 60 days prior to the date of this Agreement November 18, 2016 times (y) the number of Non-Affiliate Shares). The Company is not a shell company (as defined in Rule 405405 under the Securities Act) and has not been a shell company for at least 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in General Instruction I.B.6 of Form S-3) with the Commission at least 12 calendar months previously reflecting its status as an entity that is not a shell company.

Market Capitalization. At the time the Registration Statement will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 20-F was filed with the Commission, the Company met or will meet the then applicable requirements for the use of Form F-3 under the Securities Act, including but not limited to Instruction I.B.5 of Form F-3. As of the close of trading on the Exchange on the Trading Day immediately prior to the date of this Agreement, the aggregate market value of the outstanding voting and non-voting common equity (as defined in Securities Act Rule 405) of the Company held by persons other than affiliates of the Company (pursuant to Rule 144 of the Securities Act RegulationsRule 144, those that directly, or indirectly through one or more intermediaries, control, or are controlled by, or are under common control with, the Company) (the “Non-Affiliate Shares”), was approximately equal to or greater than $43.9 million 17,250,000 (calculated by multiplying (x) the highest price at which the common equity of the Company was last sold closed on the Exchange on a Trading Day within 60 days prior to of the date of this Agreement times (y) the number of Non-Affiliate Shares). The Company is not a shell company (as defined in Rule 405405 under the Securities Act) and has not been a shell company for at least 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in Instruction I.B.6 I.B.5 of Form S-3F-3) with the Commission at least 12 calendar months previously reflecting its status as an entity that is not a shell company.

Market Capitalization. As of At the close of trading time the Registration Statement was originally declared effective, and at the time the Company’s most recent Annual Report on Form 20-F was filed with the Exchange on the Trading Day immediately prior to the date of this AgreementCommission, the Company met or will meet the then applicable requirements for the use of Form F-3 under the Securities Act, including General Instruction I.B.1 of Form F-3. The aggregate market value of the outstanding voting and non-voting common equity (as defined in Securities Act Rule 405) of the Company held by persons other than affiliates of the Company (pursuant to Rule 144 of the Securities Act RegulationsRule 144, those that directly, or indirectly through one or more intermediaries, control, or are controlled by, or are under common control with, the Company) (the “Non-Affiliate Shares”), was approximately equal to or greater than $43.9 75 million (calculated by multiplying (x) the highest price at which the common equity of the Company was last sold closed on the Exchange on a Trading Day Nasdaq Global Market “(“Nasdaq”) within 60 days prior to of the date of this Agreement times (y) the number of Non-Affiliate Shares). The Company is not a shell company (as defined in Rule 405405 under the Securities Act) and has not been a shell company for at least 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in Instruction I.B.6 I.B.5 of Form S-3F-3) with the Commission at least 12 calendar months previously reflecting its status as an entity that is not a shell company.

Market Capitalization. As of At the close of trading time the Registration Statement was originally declared effective, and at the time the Company’s most recent Annual Report on Form 20-F was filed with the Exchange on the Trading Day immediately prior to the date of this AgreementCommission, the Company met or will meet the then applicable requirements for the use of Form F-3 under the Securities Act, including, but not limited to, General Instruction I.B.1/I.B.5 of Form F-3. The aggregate market value of the outstanding voting and non-voting common equity (as defined in Securities Act Rule 405) of the Company held by persons other than affiliates of the Company (pursuant to Rule 144 of the Securities Act RegulationsRule 144, those that directly, or indirectly through one or more intermediaries, control, or are controlled by, or are under common control with, the Company) (the “Non-Affiliate Shares”), was approximately equal to or greater than $43.9 75.0 million (calculated by multiplying (x) the highest price at which the common equity of the Company was last sold closed on the Exchange on a Trading Day within 60 days prior to of the date of this Agreement times (y) the number of Non-Affiliate Shares). The Company is not a shell company (as defined in Rule 405405 under the Securities Act) and has not been a shell company for at least 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in Instruction I.B.6 I.B.5 of Form S-3F-3) with the Commission at least 12 calendar months previously reflecting its status as an entity that is not a shell company.

Market Capitalization. As of the close of trading on the Exchange Principal Market on the Trading Day immediately prior to the date of this AgreementOctober 9, 2017, the aggregate market value of the outstanding voting and non-voting common equity (as defined in Rule 405405 under the Securities Act) of the Company held by persons other than affiliates of the Company (pursuant to Rule 144 of the Securities Act RegulationsAct, those that directly, or indirectly through one or more intermediaries, control, or are controlled by, or are under common control with, the Company) (the “Non-Affiliate Shares”), was approximately $43.9 20.3 million (calculated by multiplying (x) the highest price at which the common equity of the Company was last sold on the Exchange Principal Market on a Trading Day within 60 days prior to the date of this Agreement times October 9, 2017 by (y) the number of Non-Affiliate SharesShares outstanding on October 9, 2017). The Company is not a shell company (as defined in Rule 405405 under the Securities Act) and has not been a shell company for at least 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in General Instruction I.B.6 I.B.5. of Form S-3F-3) with the Commission SEC at least 12 calendar months previously reflecting its status as an entity that is not a shell company.

Market Capitalization. As of At the close of trading time the Registration Statement was or will be originally declared effective, and at the time the Company’s most recent Annual Report on Form 10-K was filed with the Exchange on the Trading Day immediately prior to the date of this AgreementCommission, the Company met or will meet the then applicable requirements for the use of Form S-3 under the Securities Act, including, but not limited to, General Instruction I.B.1 or I.B.6 of Form S-3, as applicable. The aggregate market value of the outstanding voting and non-voting common equity (as defined in Securities Act Rule 405) of the Company held by persons other than affiliates of the Company (pursuant to Rule 144 of the Securities Act RegulationsRule 144, those that directly, or indirectly through one or more intermediaries, control, or are controlled by, or are under common control with, the Company) (the “Non-Affiliate Shares”), was approximately equal to $43.9 37.9 million (calculated by multiplying (x) the highest price at which the common equity of the Company was last sold closed on the Exchange on a Trading Day within 60 days prior to of the date of this Agreement times (y) the number of Non-Affiliate Shares). The Company is not a shell company (as defined in Rule 405405 under the Securities Act) and has not been a shell company for at least 12 calendar months previously and if it has been a shell company at any time previously, has filed current Form 10 information (as defined in Instruction I.B.6 of Form S-3) with the Commission at least 12 calendar months previously reflecting its status as an entity that is not a shell company.