Common use of Purchase of Shares of Common Stock Clause in Contracts

Purchase of Shares of Common Stock. (a) Each Purchase Contract shall obligate the Holder of the related Units to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to $25 (the “Purchase Price”), a number of newly issued shares of Common Stock (subject to Sections 5.08 and 5.09) equal to the Settlement Rate (as defined below) unless an Early Settlement, a Cash Merger Early Settlement or a Termination Event with respect to the Unit of which such Purchase Contract is a part shall have occurred. The “Settlement Rate” is equal to: (i) if the Adjusted Applicable Market Value (as defined below) is greater than or equal to $25.116 (the “Threshold Appreciation Price”), 0.9954 shares of Common Stock per Purchase Contract (such number of shares, as adjusted from time to time pursuant to Section 5.04, the “Minimum Share Number”); (ii) if the Adjusted Applicable Market Value is less than the Threshold Appreciation Price but greater than $20.93 (the “Reference Price”), the number of shares of Common Stock per Purchase Contract having a value equal to the Stated Amount divided by the Applicable Market Value; and (iii) if the Adjusted Applicable Market Value is less than or equal to the Reference Price, 1.1945 shares of Common Stock per Purchase Contract (such number of shares, as adjusted from time to time pursuant to Section 5.04, the “Maximum Share Number”); in each case rounded upward or downward to the nearest 1/10,000th of a share.

Purchase of Shares of Common Stock. (a) Each Purchase Contract shall obligate the Holder of the related Units to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to $25 (the “"Purchase Price”"), a number of newly issued shares of Common Stock (subject to Sections 5.08 and 5.09) equal to the Settlement Rate (as defined below) unless an Early Settlement, a Cash Merger Early Settlement or a Termination Event with respect to the Unit of which such Purchase Contract is a part shall have occurred. The “"Settlement Rate” " is equal to: (i) if the Adjusted Applicable Market Value (as defined below) is greater than or equal to $25.116 (the “"Threshold Appreciation Price”"), 0.9954 shares of Common Stock per Purchase Contract (such number of shares, as adjusted from time to time pursuant to Section 5.04, the “"Minimum Share Number”"); (ii) if the Adjusted Applicable Market Value is less than the Threshold Appreciation Price but greater than $20.93 (the “"Reference Price”"), the number of shares of Common Stock per Purchase Contract having a value equal to the Stated Amount divided by the Applicable Market Value; and (iii) if the Adjusted Applicable Market Value is less than or equal to the Reference Price, 1.1945 shares of Common Stock per Purchase Contract (such number of shares, as adjusted from time to time pursuant to Section 5.04, the “"Maximum Share Number”"); in each case rounded upward or downward to the nearest 1/10,000th of a share.

Purchase of Shares of Common Stock. (a) Each Stock Purchase Contract shall obligate the Holder of the related Units Common SPACES to purchase, and the Company to sell, on the Stock Purchase Contract Settlement Date at a price equal to $25 (the “Purchase Price”), a number of newly issued or treasury shares of Common Stock (subject to Sections 5.08 and Section 5.09) equal to the Settlement Rate (as defined below) unless an Early Settlement, a Cash Merger Early Settlement or a Termination Event with respect to the Unit Common SPACES of which such Stock Purchase Contract is a part shall have occurred. The “Settlement Rate” is equal to: (i) if the Adjusted Applicable Market Value (as defined below) is greater than or equal to $25.116 46.28 (the “Threshold Appreciation Price”), 0.9954 0.5402 shares of Common Stock per Stock Purchase Contract (such number of shares, as adjusted from time to time pursuant to Section 5.04, the “Minimum Share Number”); (ii) if the Adjusted Applicable Market Value is less than the Threshold Appreciation Price but greater than $20.93 37.32 (the “Reference Price”), the number of shares of Common Stock per Stock Purchase Contract having a value equal to the Stated Amount divided by the Applicable Market Value; and (iii) if the Adjusted Applicable Market Value is less than or equal to the Reference Price, 1.1945 0.6699 shares of Common Stock per Stock Purchase Contract (such number of shares, as adjusted from time to time pursuant to Section 5.04, the “Maximum Share Number”); . in each case rounded upward or downward to the nearest 1/10,000th of a share.

Purchase of Shares of Common Stock. (a) Each Purchase Contract shall obligate the Holder of the related Units to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to $25 (the “Purchase Price”"PURCHASE PRICE"), a number of newly issued shares of Common Stock (subject to Sections 5.08 and Section 5.09) equal to the Settlement Rate (as defined below) unless an Early Settlement, a Cash Merger Early Settlement or a Termination Event with respect to the Unit of which such Purchase Contract is a part shall have occurred. The “Settlement Rate” "SETTLEMENT RATE" is equal to: (i) if the Adjusted Applicable Market Value (as defined below) is greater than or equal to $25.116 [ ] (the “Threshold Appreciation Price”"THRESHOLD APPRECIATION PRICE"), 0.9954 [ ] shares of Common Stock per Purchase Contract (such number of shares, as adjusted from time to time pursuant to Section 5.04, the “Minimum Share Number”"MINIMUM SHARE NUMBER"); (ii) if the Adjusted Applicable Market Value is less than the Threshold Appreciation Price but greater than $20.93 [ ] (the “Reference Price”"REFERENCE PRICE"), the number of shares of Common Stock per Purchase Contract having a value equal to the Stated Amount divided by the Applicable Market Value; and (iii) if the Adjusted Applicable Market Value is less than or equal to the Reference Price, 1.1945 [ ] shares of Common Stock per Purchase Contract (such number of shares, as adjusted from time to time pursuant to Section 5.04, the “Maximum Share Number”"MAXIMUM SHARE NUMBER"); . in each case rounded upward or downward to the nearest 1/10,000th of a share.

Purchase of Shares of Common Stock. (a) Each Purchase Contract shall obligate the Holder of the related Units to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to $25 (the “Purchase Price”), a number of newly issued shares of Common Stock (subject to Sections 5.08 and Section 5.09) equal to the Settlement Rate (as defined below) unless an Early Settlement, a Cash Merger Early Settlement or a Termination Event with respect to the Unit of which such Purchase Contract is a part shall have occurred. The “Settlement Rate” is equal to: (i) if the Adjusted Applicable Market Value (as defined below) is greater than or equal to $25.116 28.82 (the “Threshold Appreciation Price”), 0.9954 0.8675 shares of Common Stock per Purchase Contract (such number of shares, as adjusted from time to time pursuant to Section 5.04, the “Minimum Share Number”); (ii) if the Adjusted Applicable Market Value is less than the Threshold Appreciation Price but greater than $20.93 23.06 (the “Reference Price”), the number of shares of Common Stock per Purchase Contract having a value equal to the Stated Amount divided by the Applicable Market Value; and (iii) if the Adjusted Applicable Market Value is less than or equal to the Reference Price, 1.1945 1.0841 shares of Common Stock per Purchase Contract (such number of shares, as adjusted from time to time pursuant to Section 5.04, the “Maximum Share Number”); . in each case rounded upward or downward to the nearest 1/10,000th of a share.