Common use of Payment of Make-Whole Premium Clause in Contracts

Payment of Make-Whole Premium. On or prior to 12:00 p.m. (New York City time) on the Fundamental Change Settlement Date, the Company will deposit with the Trustee or with one or more Paying Agents additional shares of Common Stock, cash and/or other assets or property sufficient to satisfy the entitlement of the Holders of Securities under Section 14.01. Payment of the entitlement pursuant to Section 14.01 to Holders of Securities surrendered for conversion or redemption during the Fundamental Change Conversion/Repurchase Period will be made promptly on the Fundamental Change Settlement Date, by delivering entitlements to securities, mailing checks in respect of cash and/or delivering other assets or property for the amount payable to the Holders of such Securities entitled thereto as they (and their addresses) shall appear in the Security Register. To the extent that the aggregate amount of shares of Common Stock, cash and/or other assets or property deposited by the Company pursuant to this Section exceeds the aggregate entitlement of the Holders of Securities under Section 14.01 that are converted or redeemed in respect of the Fundamental Change and are entitled to receive the Make-Whole Premium, then, promptly after the Fundamental Change Settlement Date, the Paying Agent shall return any such excess to the Company.

Payment of Make-Whole Premium. On or prior to 12:00 p.m. noon (New York City time) on the Fundamental Change Settlement Date, the Company will deposit with the Trustee or with one or more Paying Agents additional shares of Common Stock, cash and/or other assets or property sufficient to satisfy the entitlement of the Holders of Securities under Section 14.01. Payment of the entitlement pursuant to Section 14.01 to Holders of Securities surrendered for conversion or redemption during the Fundamental Change Conversion/Repurchase Period will be made promptly on the Fundamental Change Settlement Date, by delivering entitlements to securities, mailing checks in respect of cash and/or delivering other assets or property for the amount payable to the Holders of such Securities entitled thereto as they (and their addresses) shall appear in the Security Register. To the extent that the aggregate amount of shares of Common Stock, cash and/or other assets or property deposited by the Company pursuant to this Section exceeds the aggregate entitlement of the Holders of Securities under Section 14.01 that are converted or redeemed in respect of the Fundamental Change and are entitled to receive the Make-Whole Premium, then, promptly after the Fundamental Change Settlement Date, the Paying Agent shall return any such excess to the Company.

Payment of Make-Whole Premium. On or prior to 12:00 p.m. 10:00 a.m. (New York City time) on the Fundamental Change Settlement Effective Date, the Company will deposit with the Trustee or with one or more Paying Agents additional shares of Common Stock, Stock and/or cash and/or other assets or property sufficient to satisfy the entitlement of the Holders of Securities Notes under Section 14.01. Payment of the entitlement pursuant to Section 14.01 to Holders of Securities Notes surrendered for conversion or redemption during the period beginning upon receipt of the Fundamental Change Company Notice and ending ten (10) Trading Days after the Effective Date (the “Fundamental Change Conversion/Repurchase Period Period”) will be made promptly on the Fundamental Change Settlement Date, by delivering entitlements to securities, mailing checks in respect of cash and/or delivering other assets or property for the amount payable to the Holders of such Securities Notes entitled thereto as they (and their addresses) shall appear in the Security Registersecurity register. To the extent that the aggregate amount of shares of Common Stock, Stock or cash and/or other assets or property deposited by the Company pursuant to this Section exceeds the aggregate entitlement of the Holders of Securities Notes under Section 14.01 that are converted or redeemed in respect of the Fundamental Change and are entitled to receive the Make-Whole Premium, then, promptly after the Fundamental Change Settlement Date, the Paying Agent shall return any such excess to the Company.

Payment of Make-Whole Premium. On or prior to 12:00 p.m. 10:00 a.m. (New York City time) on the Fundamental Change Settlement Effective Date, the Company will deposit with the Trustee or with one or more Paying Agents additional shares of Common Stock, Stock and/or cash and/or other assets or property sufficient to satisfy the entitlement of the Holders of Securities Notes under Section 14.01. Payment of the entitlement pursuant to Section 14.01 to Holders of Securities Notes surrendered for conversion or redemption during the period beginning upon receipt of the Fundamental Change Company Notice and ending ten (10) Trading Days after the Effective Date (the "Fundamental Change Conversion/Repurchase Period Period") will be made promptly on the Fundamental Change Settlement Date, by delivering entitlements to securities, mailing checks in respect of cash and/or delivering other assets or property for the amount payable to the Holders of such Securities Notes entitled thereto as they (and their addresses) shall appear in the Security Registersecurity register. To the extent that the aggregate amount of shares of Common Stock, Stock or cash and/or other assets or property deposited by the Company pursuant to this Section exceeds the aggregate entitlement of the Holders of Securities Notes under Section 14.01 that are converted or redeemed in respect of the Fundamental Change and are entitled to receive the Make-Whole Premium, then, promptly after the Fundamental Change Settlement Date, the Paying Agent shall return any such excess to the Company.