Common use of Payment of Cash in Lieu of Common Stock Clause in Contracts

Payment of Cash in Lieu of Common Stock. (a) If a Holder elects to convert all or any portion of a Security into shares of Common Stock as set forth in Section 10.01 and the Company receives such Holder's Notice of Conversion on or prior to the day that is 20 days prior to the Stated Maturity, or with respect to Securities called for redemption pursuant to Section 3.01, the applicable Redemption Date (the "FINAL NOTICE DATE"), the Company may choose to satisfy all or any portion of its Conversion Obligation in cash. Upon such election, the Company will notify such Holder through the Trustee of the dollar amount to be satisfied in cash (which must be expressed either as 100% of the Conversion Obligation or as a fixed dollar amount) at any time on or before the date that is two Business Days following the Company's receipt of the Notice of Conversion as specified in Section 10.02 (such period, the "CASH SETTLEMENT NOTICE PERIOD"). If the Company elects to pay cash for any portion of the shares otherwise issuable to the Holder, the Holder may retract the Notice of Conversion at any time during the two Business Day period beginning on the day after the final day of the Cash Settlement Notice Period (the "CONVERSION RETRACTION PERIOD"); no such retraction can be made (and a Notice of Conversion shall be irrevocable) if the Company does not elect to deliver cash in lieu of shares of Common Stock (other than cash in lieu of fractional shares). With respect to any Notice of Conversion received by the Company prior to the Final Notice Date, the "CONVERSION SETTLEMENT DISTRIBUTION" for any Security subject to such Notice of Conversion shall consist of cash, Common Stock or a combination thereof, as selected by the Company as set forth below:

Payment of Cash in Lieu of Common Stock. (a) If a the Holder elects to convert all or any portion of a Security this Debenture into shares of Common Stock as set forth in Section 10.01 4.1 and the Company receives such Holder's ’s Notice of Conversion on or prior to the seventh day that is 20 days prior to the Stated Maturity, or with respect to Securities called for redemption pursuant to Section 3.01, the applicable Redemption Date Maturity (the "FINAL NOTICE DATE"“Final Notice Date”), the Company may choose to satisfy all or any portion of its Conversion Obligation in cash. Upon such election, the Company will notify such the Holder through the Trustee of the dollar amount to be satisfied in cash (which must be expressed either as 100% of the Conversion Obligation or as a fixed dollar amount) at any time on or before the date that is two three (3) Business Days following the Company's ’s receipt of the Notice of Conversion as specified in Section 10.02 4.1 (such period, the "CASH SETTLEMENT NOTICE PERIOD"“Cash Settlement Notice Period”). If the Company elects to pay cash for any portion of the shares of Common Stock otherwise issuable to the Holder, the Holder may retract the Notice of Conversion at any time during the two (2) Business Day period beginning on the day after the final day of the Cash Settlement Notice Period (the "CONVERSION RETRACTION PERIOD"“Conversion Retraction Period”); no such retraction can be made (and a Notice of Conversion shall be irrevocable) if the Company does not elect to deliver cash in lieu of shares of Common Stock (other than cash in lieu of fractional shares). With respect In no event shall the Company have the option to elect to satisfy all or any portion of its Conversion Obligation in cash pursuant to this Section 4.10 if the Company receives a Notice of Conversion received by after the Final Notice Date. If the Company prior to receives a Notice of Conversion after the Final Notice Date, the "CONVERSION SETTLEMENT DISTRIBUTION" for any Security subject Company shall be required to such Notice satisfy the Conversion Obligation in accordance with the terms of Conversion shall consist of cash, Common Stock or a combination thereof, as selected by the Company as set forth below:Section 4.1.

Payment of Cash in Lieu of Common Stock. (a) If a Holder elects to convert all or any portion of a Security Senior Note into shares of Common Stock as set forth in Section 10.01 5.01 and the Company receives such Holder's Notice of Conversion on or prior to the day that is 20 10 days prior to the Stated Maturity, or with respect to Securities Senior Notes called for redemption pursuant to Section 3.01Article 3 hereof, the applicable Redemption Date (the "FINAL NOTICE DATE"), the Company may choose to satisfy all or any portion of its the Conversion Obligation in cash. Upon such election, the Company will notify such Holder through the Trustee of the dollar amount to be satisfied in cash (which must be expressed either as 100% of the Conversion Obligation or as a fixed dollar amount) at any time on or before the date that is two Business Days following the CompanyConversion Agent's receipt of the Notice of Conversion as specified in Section 10.02 (such period, the "CASH SETTLEMENT NOTICE PERIOD"). If the Company elects to pay cash for any portion of the shares of Common Stock otherwise issuable to the Holder, the Holder may retract the Notice of Conversion at any time during the two Business Day period beginning on the day after the final day of the Cash Settlement Notice Period (the "CONVERSION RETRACTION PERIOD"); no such retraction can be made (and a Notice of Conversion shall be irrevocable) if the Company does not elect to deliver cash in lieu of shares of Common Stock (other than cash in lieu of fractional shares). If the Company elects to satisfy all or a portion of its Conversion Obligations in cash and the Notice of Conversion has not been retracted, then settlement (in cash or a combination of cash and shares) will occur on the third Business Day following the Cash Settlement Averaging Period. If the Company elects to satisfy the entire Conversion Obligation in shares of Common Stock, then settlement will occur on the third Business Day following the Conversion Date. With respect to any Notice of Conversion received by the Company prior to the Final Notice DateDate and not retracted pursuant to this Section 5.03(a), the "CONVERSION SETTLEMENT DISTRIBUTION" for any Security Senior Note subject to such Notice of Conversion shall consist of cash, Common Stock or a combination thereof, as selected by the Company as set forth below:

Payment of Cash in Lieu of Common Stock. (a) If a Holder elects to convert all or any portion of a Security Note into shares of Common Stock as set forth in Section 10.01 9.1 and delivers an irrevocable conversion notice, together, if the Company receives such Holder's Notice of Conversion Notes are in certificated form, with the certificated Note as set forth in Section 9.2, on or prior to the day that is 20 days prior to the Stated Maturity, or with respect to Securities called for redemption pursuant to Section 3.01, maturity of the applicable Redemption Date Notes (the "FINAL NOTICE DATEFinal Notice Date"), the Company may choose to satisfy all or any portion of its conversion obligation (the "Conversion Obligation Obligation") in cashcash or a combination of cash and Common Stock. Upon such election, the Company will notify such Holder through the Trustee of the dollar amount to be satisfied in cash (which must be expressed either as 100% of the Conversion Obligation or as a fixed dollar amount) at any time on or before the date that is two Business Days following the Company's receipt of the Notice written notice of Conversion conversion as specified in Section 10.02 9.2 (such period, the "CASH SETTLEMENT NOTICE PERIODCash Settlement Notice Period"). If the Company elects to pay cash for any portion of the shares Common Stock otherwise issuable to the Holder, the Holder may retract the Notice of Conversion conversion notice at any time during the two Business Day period beginning on the day after the final day of the Cash Settlement Notice Period (the a "CONVERSION RETRACTION PERIODConversion Retraction Period"); no such retraction can be made (and a Notice of Conversion conversion notice shall be irrevocable) if the Company does not elect to deliver cash in lieu of shares of Common Stock (other than cash in lieu of fractional shares). With respect to any Notice If the conversion notice has not been retracted, then settlement (in cash and/or Common Stock) will occur on the Business Day following the final day of the ten Trading Day period beginning on the day after the final day of the Conversion received by the Company prior to the Final Notice Date, Retraction Period (the "CONVERSION SETTLEMENT DISTRIBUTION" for any Security subject to such Notice of Conversion shall consist of cash, Common Stock or a combination thereof, Cash Settlement Averaging Period"). Settlement amounts will be computed as selected by the Company as set forth belowfollows:

Payment of Cash in Lieu of Common Stock. (a) If a Holder elects to convert all or any portion of a Security Note into shares of Common Stock as set forth in Section 10.01 and delivers an irrevocable conversion notice, together, if the Company receives such Holder's Notice of Conversion Notes are in certificated form, with the certificated Note as set forth in Section 10.02, on or prior to the day that is 20 days prior to the Stated Maturity, or with respect to Securities called for redemption pursuant to Section 3.01, maturity of the applicable Redemption Date Notes (the "FINAL NOTICE DATE"), the Company may choose to satisfy all or any portion of its Conversion Obligation conversion obligation (the "CONVERSION OBLIGATION") in cashcash or a combination of cash and Common Stock. Upon such election, the Company will notify such Holder through the Trustee of the dollar amount to be satisfied in cash (which must be expressed either as 100% of the Conversion Obligation or as a fixed dollar amount) at any time on or before the date that is two Business Days following the Company's receipt of the Notice written notice of Conversion conversion as specified in Section 10.02 (such period, the "CASH SETTLEMENT NOTICE PERIOD"). If the Company elects to pay cash for any portion of the shares Common Stock otherwise issuable to the Holder, the Holder may retract the Notice of Conversion conversion notice at any time during the two Business Day period beginning on the day after the final day of the Cash Settlement Notice Period (the a "CONVERSION RETRACTION PERIOD"); no such retraction can be made (and a Notice of Conversion conversion notice shall be irrevocable) if the Company does not elect to deliver cash in lieu of shares of Common Stock (other than cash in lieu of fractional shares). With respect to any Notice If the conversion notice has not been retracted, then settlement (in cash and/or Common Stock) will occur on the Business Day following the final day of the ten Trading Day period beginning on the day after the final day of the Conversion received by the Company prior to the Final Notice Date, Retraction Period (the "CONVERSION CASH SETTLEMENT DISTRIBUTION" for any Security subject to such Notice of Conversion shall consist of cash, Common Stock or a combination thereof, AVERAGING PERIOD"). Settlement amounts will be computed as selected by the Company as set forth belowfollows:

Payment of Cash in Lieu of Common Stock. (a) If a Holder elects to convert all or any portion of a Security of a series into shares of Common Stock as set forth in Section 10.01 11.01 and the Company receives such Holder's Notice of Conversion on or prior to the day that is 20 days prior to the Stated Maturity, or with respect to Securities called for redemption pursuant to Section 3.0110.01, the applicable Redemption Date (the "FINAL NOTICE DATE"), the Company may choose to satisfy all or any portion of its the Conversion Obligation in cash. Upon such election, the Company will notify Cash by notifying such Holder through the Trustee of the dollar amount to be satisfied in cash Cash (which must be expressed either as 100% of the Conversion Obligation or as a fixed dollar amount) at any time on or before the date that is two Business Days following the Company's receipt of the Notice of Conversion as specified in Section 10.02 (such period, the "CASH SETTLEMENT NOTICE PERIOD"). If the Company elects to pay cash Cash for any portion of the shares otherwise issuable to the Holder, the Holder may retract the Notice of Conversion at any time during the two Business Day period beginning on the day after the final day of the Cash Settlement Notice Period (the "CONVERSION RETRACTION PERIOD"); . If no such election is made, no such retraction can be made (and a Notice of Conversion shall be irrevocable) if the Company does not elect to deliver cash in lieu of shares of Common Stock (other than cash in lieu of fractional shares). With respect to any Notice of Conversion received by the Company prior to the Final Notice Date, the "CONVERSION SETTLEMENT DISTRIBUTION" for any Security subject to such Notice of Conversion shall consist of cashCash, Common Stock or a combination thereof, as selected by the Company as set forth below:

Payment of Cash in Lieu of Common Stock. (a) If a Holder elects to convert all or any portion of a Security into shares of Common Stock as set forth in Section 10.01 11.01 and the Company receives such Holder's Notice of Conversion on or prior to the day that is 20 days prior to the Stated Maturity, or with respect to Securities called for redemption pursuant to Section 3.0110.01, the applicable Redemption Date (the "FINAL NOTICE DATEFinal Notice Date"), the Company may choose to satisfy all or any portion of its the Conversion Obligation in cash. Upon such election, the Company will notify such Holder through the Trustee of the dollar amount to be satisfied in cash (which must be expressed either as 100% of the Conversion Obligation or as a fixed dollar amount) at any time on or before the date that is two Business Days following the Company's receipt of the Notice of Conversion as specified in Section 10.02 (such period, the "CASH SETTLEMENT NOTICE PERIODCash Settlement Notice Period"). If the Company elects to pay cash for any portion of the shares otherwise issuable to the Holder, the Holder may retract the Notice of Conversion at any time during the two Business Day period beginning on the day after the final day of the Cash Settlement Notice Period (the "CONVERSION RETRACTION PERIODConversion Retraction Period"); no such retraction can be made (and a Notice of Conversion shall be irrevocable) if the Company does not elect to deliver cash in lieu of shares of Common Stock (other than cash in lieu of fractional shares). With respect to any Notice of Conversion received by the Company prior to the Final Notice Date, the "CONVERSION SETTLEMENT DISTRIBUTIONConversion Settlement Distribution" for any Security subject to such Notice of Conversion shall consist of cash, Common Stock or a combination thereof, as selected by the Company as set forth below:

Payment of Cash in Lieu of Common Stock. (a) If a Holder elects to convert all or any portion of a Security into shares of Common Stock as set forth in Section 10.01 and the Company receives such Holder's Notice of Conversion on or prior to the day that is 20 45 calendar days prior to the Stated Maturity, or with respect to Securities called for redemption pursuant to Section 3.01, the applicable Redemption Date (the "FINAL NOTICE DATEFinal Notice Date"), the Company may choose to satisfy all or any portion of its Conversion Obligation in cash. Upon such election, the Company will notify such Holder through the Trustee of the dollar amount to be satisfied in cash (which must be expressed either as 100% of the Conversion Obligation or as a fixed dollar amount) at any time on or before the date that is two Business Days following the Company's receipt of the Notice of Conversion as specified in Section 10.02 (such period, the "CASH SETTLEMENT NOTICE PERIODCash Settlement Notice Period"). If the Company elects to pay cash for any portion of the shares otherwise issuable to the Holder, the Holder may retract the Notice of Conversion at any time during the two Business Day period beginning on the day after the final day of the Cash Settlement Notice Period (the "CONVERSION RETRACTION PERIODConversion Retraction Period"); no such retraction can be made (and a Notice of Conversion shall be irrevocable) if the Company does not elect to deliver cash in lieu of shares of Common Stock (other than cash in lieu of fractional shares). With respect to any Notice of Conversion received by the Company prior to the Final Notice Date, the "CONVERSION SETTLEMENT DISTRIBUTIONConversion Settlement Distribution" for any Security subject to such Notice of Conversion shall consist of cash, Common Stock or a combination thereof, as selected by the Company as set forth below:

Payment of Cash in Lieu of Common Stock. (a) If a Holder elects to convert all or any portion of a Security into shares of Common Stock as set forth in Section 10.01 and the Company receives such Holder's Notice of Conversion on or prior to the day that is 20 days prior to the Stated Maturity, or with respect to Securities called call for redemption pursuant to Section 3.01, the applicable Redemption Date (the "FINAL NOTICE DATE"), the Company may choose to satisfy all or any portion of its Conversion Obligation in 57 cash. Upon such election, the Company will notify such Holder through the Trustee of the dollar amount to be satisfied in cash (which must be expressed either as 100% of the Conversion Obligation or as a fixed dollar amount) at any time on or before the date that is two Business Days following the Company's receipt of the Notice of Conversion as specified in Section 10.02 (such period, the "CASH SETTLEMENT NOTICE PERIOD"). If the Company elects to pay cash for any portion of the shares otherwise issuable to the Holder, the Holder may retract the Notice of Conversion at any time during the two Business Day period beginning on the day after the final day of the Cash Settlement Notice Period (the "CONVERSION RETRACTION PERIOD"); no such retraction can be made (and a Notice of Conversion shall be irrevocable) if the Company does not elect to deliver cash in lieu of shares of Common Stock (other than cash in lieu of fractional shares). With respect to any Notice of Conversion received by the Company prior to the Final Notice Date, the "CONVERSION SETTLEMENT DISTRIBUTION" for any Security subject to such Notice of Conversion shall consist of cash, Common Stock or a combination thereof, as selected by the Company as set forth below:

Payment of Cash in Lieu of Common Stock. (a) If a Holder elects to convert all or any portion of a Security Debenture into shares of Common Stock as set forth in Section 10.01 5.01 and the Company Issuer receives such Holder's Notice of Conversion on or prior to the day that is 20 days prior to the Stated Maturity, or with respect to Securities Debentures called for redemption pursuant to Section 3.015.01, the day that is 20 days prior to the applicable Redemption Date (the "FINAL NOTICE DATE"), the Company Issuer may choose to satisfy all or any portion of its the Conversion Obligation in cash. Upon such election, the Company Issuer will notify such Holder through the Trustee of the dollar amount to be satisfied in cash (which must be expressed either as 100% of the Conversion Obligation or as a fixed dollar amount) at any time on or before the date that is two Business Days following the CompanyIssuer's receipt of the Notice of Conversion as specified in Section 10.02 (such period, the "CASH SETTLEMENT NOTICE PERIOD"). If the Company Issuer elects to pay cash for any portion of the shares otherwise issuable to the Holder, the Holder may retract the Notice of Conversion at any time during the two Business Day period beginning on the day after the final day of the Cash Settlement Notice Period (the "CONVERSION RETRACTION PERIOD"); no such retraction can be made (and a Notice of Conversion shall be irrevocable) if the Company Issuer does not elect to deliver cash in lieu of shares of Common Stock (other than cash in lieu of fractional shares). With respect to any Notice of Conversion received by the Company Issuer prior to the Final Notice Date, the "CONVERSION SETTLEMENT DISTRIBUTION" for any Security Debenture subject to such Notice of Conversion shall consist of cash, Common Stock or a combination thereof, as selected by the Company Issuer as set forth below: