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 Security to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to the Stated Amount (the "PURCHASE PRICE"), a number of shares of Common Stock (subject to Section 5.09) equal to the Settlement Rate unless an Early Settlement has occurred in accordance with Section 5.07 hereof or, prior to or on the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to such Purchase Contract. The "SETTLEMENT RATE" is equal to: (i) if the Applicable Market Value (as defined below) is greater than or equal to $34.3970 (the "THRESHOLD APPRECIATION PRICE"), 1.4536 shares of Common Stock per Purchase Contract; (ii) if the Applicable Market Value is less than the Threshold Appreciation Price but greater than $29.15 (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 Applicable Market Value is less than or equal to the Reference Price, 1.7153 shares of Common Stock per Purchase Contract, in each case subject to adjustment as provided in Section 5.04 (and 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 Security Units to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to the Stated Amount (the "PURCHASE PRICE"), a number of newly issued shares of Common Stock (subject to Section 5.09) equal to the Settlement Rate unless an Early Settlement, a Cash Merger Early Settlement has occurred in accordance with Section 5.07 hereof or, prior to or on the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Units of which such Purchase ContractContract 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 $34.3970 57.6450 (the "THRESHOLD APPRECIATION PRICE"), 1.4536 0.8674 shares of Common Stock per Purchase Contract; (ii) if the Adjusted Applicable Market Value is less than the Threshold Appreciation Price but greater than $29.15 47.2500 (the "REFERENCE PRICE"), the number of shares of Common Stock per Purchase Contract Contact having a value equal to the Stated Amount divided by the Adjusted Applicable Market Value; and; (iii) if the Adjusted Applicable Market Value is less than or equal to the Reference Price, 1.7153 1.0582 shares of Common Stock per Purchase Contract, ; in each case subject to adjustment as provided in Section 5.04 (and 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 Security to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to the Stated Amount (the "PURCHASE PRICE"), a number of shares of Common Stock (subject to Section 5.09) equal to the Settlement Rate unless an Early Settlement has occurred in accordance with Section 5.07 hereof or, prior to or on the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Security of which such Purchase ContractContract is a part. The "SETTLEMENT RATE" is equal to: (i) if the Applicable Market Value (as defined below) is greater than or equal to $34.3970 ______ (the "THRESHOLD APPRECIATION PRICE"), 1.4536 shares _______ share of Common Stock per Purchase Contract; (ii) if the Applicable Market Value is less than the Threshold Appreciation Price but greater than $29.15 _______ (the "REFERENCE PRICE"), the number of shares of Common Stock per Purchase Contract having a value value, based on the Applicable Market Value, equal to the Stated Amount divided by the Applicable Market ValueAmount; and (iii) if the Applicable Market Value is less than or equal to the Reference Price, 1.7153 shares _______ share of Common Stock per Purchase Contract, in each case subject to adjustment as provided in Section 5.04 (and 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 Security Units to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to the Stated Amount (the "PURCHASE PRICE"), a number of newly issued shares of Common Stock (subject to Section 5.09) equal to the Settlement Rate unless an Early Settlement, a Cash Merger Early Settlement has occurred in accordance with Section 5.07 hereof or, prior to or on the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Units of which such Purchase ContractContract 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 $34.3970 8.8206 (the "THRESHOLD APPRECIATION PRICE"), 1.4536 2.8343 shares of Common Stock per Purchase Contract; (ii) if the Adjusted Applicable Market Value is less than the Threshold Appreciation Price but greater than $29.15 7.23 (the "REFERENCE PRICE"), the number of shares of Common Stock per Purchase Contract Contact having a value equal to the Stated Amount divided by the Adjusted Applicable Market Value; and; (iii) if the Adjusted Applicable Market Value is less than or equal to the Reference Price, 1.7153 3.4578 shares of Common Stock per Purchase Contract, ; in each case subject to adjustment as provided in Section 5.04 (and 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 shall, unless a Termination Event or an Early Settlement in accordance with Section 5.9 hereof or a Fundamental Change Early Settlement in accordance with Section 5.6(b)(ii) hereof has occurred with respect to the Units of which such Purchase Contract is a part, obligate the Holder of the related Security Unit to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to the Stated Amount Date, for $50 in cash (the "PURCHASE PRICE"“Purchase Price”), a number of newly‑issued shares of Common Stock (subject to Section 5.09) equal to the applicable Settlement Rate unless an Early Settlement has occurred in accordance with Section 5.07 hereof or, prior to or on the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to such Purchase ContractRate. The "SETTLEMENT RATE" “Settlement Rate” is equal to: (ia) if the Applicable Market Value (as defined below) is equal to or greater than or equal to $34.3970 77.22 (the "THRESHOLD APPRECIATION PRICE"“Threshold Appreciation Price”), 1.4536 0.6475 shares of Common Stock per Purchase ContractContract (the “Minimum Settlement Rate”); (iib) if the Applicable Market Value is less than the Threshold Appreciation Price Price, but is greater than $29.15 64.35 (the "REFERENCE PRICE"“Reference Price”), the number of shares of Common Stock per Purchase Contract having a value equal to the Stated Amount $50.00 divided by the Applicable Market Value; and (iiic) if the Applicable Market Value is less than or equal to the Reference Price, 1.7153 0.7770 shares of Common Stock per Purchase ContractContract (the “Maximum Settlement Rate”), in each case subject to adjustment as provided in Section 5.04 5.6 (and in each case rounded upward or downward to the nearest 1/10,000th of a share). As provided in Section 5.10, no fractional shares of Common Stock will be issued upon settlement of Purchase Contracts.

Purchase of Shares of Common Stock. (a) Each Purchase Contract shall obligate the Holder of the related Security Units to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to the Stated Amount (the "PURCHASE PRICE"“Purchase Price”), a number of newly issued shares of Common Stock (subject to Section 5.09) equal to the Settlement Rate (as defined below) unless an Early Settlement, a Cash Merger Early Settlement has occurred in accordance with Section 5.07 hereof or, prior to or on the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Unit of which such Purchase ContractContract 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 $34.3970 [ ] (the "THRESHOLD APPRECIATION PRICE"“Threshold Appreciation Price”), 1.4536 [ ] shares of Common Stock per Purchase Contract; (ii) if the Adjusted Applicable Market Value is less than the Threshold Appreciation Price but greater than $29.15 [ ] (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 Adjusted Applicable Market Value; and (iii) if the Adjusted Applicable Market Value is less than or equal to the Reference Price, 1.7153 [ ] shares of Common Stock per Purchase Contract, ; in each case subject to adjustment as provided in Section 5.04 (and 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 Security Unit to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to the Stated Amount (the "PURCHASE PRICEPurchase Price"), a number of newly issued shares of Common Stock (subject to Section 5.095.08) equal to the Settlement Rate unless an Early Settlement, a Cash Merger Early Settlement has occurred in accordance with Section 5.07 hereof or, prior to or on the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Units of which such Purchase ContractContract is a part shall have occurred. The "SETTLEMENT RATESettlement Rate" is equal to: (i) if : If the Applicable Market Value (as defined below) is greater than or equal to $34.3970 87.64 (the "THRESHOLD APPRECIATION PRICEThreshold Appreciation Price"), 1.4536 0.5705 shares of Common Stock per Purchase Contract; , subject to adjustment pursuant to Section 5.04 below (ii) as adjusted, the "Minimum Settlement Rate"); if the Applicable Market Value is less than the Threshold Appreciation Price but greater than $29.15 70.68 (the "REFERENCE PRICEReference Price"), the number of shares of Common Stock per Purchase Contract having a value (based on the Applicable Market Value) equal to the Stated Amount divided by the Applicable Market ValueAmount; and (iii) if the Applicable Market Value is less than or equal to the Reference Price, 1.7153 0.7074 shares of Common Stock per Purchase Contract, in each case subject to adjustment as provided in pursuant to Section 5.04 below (and as adjusted, the "Maximum Settlement Rate"); 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 Security Units to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to the Stated Amount (the "PURCHASE PRICEPurchase Price"), a number of newly issued shares of Common Stock (subject to Section 5.09) equal to the Settlement Rate unless an Early Settlement, a Cash Merger Early Settlement has occurred in accordance with Section 5.07 hereof or, prior to or on the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Units of which such Purchase ContractContract is a part shall have occurred. The "SETTLEMENT RATESettlement Rate" is equal to: (i) if If the Adjusted Applicable Market Value (as defined below) is greater than or equal to $34.3970 20.63 (the "THRESHOLD APPRECIATION PRICEThreshold Appreciation Price"), 1.4536 1.2119 shares of Common Stock per Purchase Contract; (ii) if the Adjusted Applicable Market Value is less than the Threshold Appreciation Price but greater than $29.15 17.19 (the "REFERENCE PRICEReference Price"), the number of shares of Common Stock per Purchase Contract Contact having a value equal to the Stated Amount divided by the Adjusted Applicable Market Value; and; (iii) if the Adjusted Applicable Market Value is less than or equal to the Reference Price, 1.7153 1.4543 shares of Common Stock per Purchase Contract, ; in each case subject to adjustment as provided in Section 5.04 (and 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 shall, unless a Termination Event or an Early Settlement in accordance with Section 5.9 hereof or a Fundamental Change Early Settlement in accordance with Section 5.6(b)(ii) hereof has occurred with respect to the Units of which such Purchase Contract is a part, obligate the Holder of the related Security Unit to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to the Stated Amount Date, for $50 in cash (the "PURCHASE PRICE"“Purchase Price”), a number of newly‑issued shares of Common Stock (subject to Section 5.09) equal to the applicable Settlement Rate unless an Early Settlement has occurred in accordance with Section 5.07 hereof or, prior to or on the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to such Purchase ContractRate. The "SETTLEMENT RATE" “Settlement Rate” is equal to: (ia) if the Applicable Market Value (as defined below) is equal to or greater than or equal to $34.3970 80.58 (the "THRESHOLD APPRECIATION PRICE"“Threshold Appreciation Price”), 1.4536 0.6205 shares of Common Stock per Purchase ContractContract (the “Minimum Settlement Rate”); (iib) if the Applicable Market Value is less than the Threshold Appreciation Price Price, but is greater than $29.15 67.15 (the "REFERENCE PRICE"“Reference Price”), the number of shares of Common Stock per Purchase Contract having a value equal to the Stated Amount $50.00 divided by the Applicable Market Value; and (iiic) if the Applicable Market Value is less than or equal to the Reference Price, 1.7153 0.7446 shares of Common Stock per Purchase ContractContract (the “Maximum Settlement Rate”), in each case subject to adjustment as provided in Section 5.04 5.6 (and in each case rounded upward or downward to the nearest 1/10,000th of a share). As provided in Section 5.10, no fractional shares of Common Stock will be issued upon settlement of Purchase Contracts.

Purchase of Shares of Common Stock. (a) Each Purchase Contract shall obligate the Holder of the related Security Units to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to the Stated Amount (the "PURCHASE PRICE"“Purchase Price”), a number of newly issued shares of Common Stock (subject to Section 5.095.08) equal to the Settlement Rate unless an Early Settlement, a Cash Merger Early Settlement has occurred in accordance with Section 5.07 hereof or, prior to or on the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Units of which such Purchase ContractContract is a part shall have occurred. The "SETTLEMENT RATE" “Settlement Rate” is equal to: (i) if If the Applicable Market Value (as defined below) is greater than or equal to $34.3970 30.7625 (the "THRESHOLD APPRECIATION PRICE"“Threshold Appreciation Price”), 1.4536 1.6254 shares of Common Stock per Purchase ContractContract (the “Minimum Settlement Rate”); (ii) if the Applicable Market Value is less than the Threshold Appreciation Price but greater than $29.15 24.61 (the "REFERENCE PRICE"“Reference Price”), the number of shares of Common Stock per Purchase Contract Contact having a value equal to the Stated Amount divided by the Applicable Market Value; and; (iii) if the Applicable Market Value is less than or equal to the Reference Price, 1.7153 2.0317 shares of Common Stock per Purchase Contract, Contract (the “Maximum Settlement Rate”); in each case subject to adjustment as provided in Section 5.04 (and 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 Security Units to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to the Stated Amount (the "PURCHASE PRICEPurchase Price"), a number of newly issued shares of Common Stock (subject to Section 5.09) equal to the Settlement Rate unless an Early Settlement, a Cash Merger Early Settlement has occurred in accordance with Section 5.07 hereof or, prior to or on the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Units of which such Purchase ContractContract is a part shall have occurred. The "SETTLEMENT RATESettlement Rate" is equal to: (i) if If the Adjusted Applicable Market Value (as defined below) is greater than or equal to $34.3970 35.69 (the "THRESHOLD APPRECIATION PRICEThreshold Appreciation Price"), 1.4536 1.4011 shares of Common Stock per Purchase Contract; (ii) if the Adjusted Applicable Market Value is less than or equal to the Threshold Appreciation Price but greater than $29.15 28.78 (the "REFERENCE PRICEReference Price"), the number of shares of Common Stock per Purchase Contract Contact having a value equal to the Stated Amount divided by the Adjusted Applicable Market Value; and; (iii) if the Adjusted Applicable Market Value is less than or equal to the Reference Price, 1.7153 1.7373 shares of Common Stock per Purchase Contract, ; in each case subject to adjustment as provided in Section 5.04 (and 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 Security Units to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to the Stated Amount (the "PURCHASE PRICE"), a number of newly issued shares of Common Stock (subject to Section 5.09) equal to the Settlement Rate unless an Early Settlement, a Cash Merger Early Settlement has occurred in accordance with Section 5.07 hereof or, prior to or on the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Units of which such Purchase ContractContract 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 $34.3970 56.8750 (the "THRESHOLD APPRECIATION PRICE"), 1.4536 0.8791 shares of Common Stock per Purchase Contract; (ii) if the Adjusted Applicable Market Value is less than the Threshold Appreciation Price but greater than $29.15 45.5000 (the "REFERENCE PRICE"), the number of shares of Common Stock per Purchase Contract Contact having a value equal to the Stated Amount divided by the Adjusted Applicable Market Value; and; (iii) if the Adjusted Applicable Market Value is less than or equal to the Reference Price, 1.7153 1.0989 shares of Common Stock per Purchase Contract, ; in each case subject to adjustment as provided in Section 5.04 (and 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 shall, unless a Termination Event or an Early Settlement in accordance with Section 5.9 hereof or a Fundamental Change Early Settlement in accordance with Section 5.6(b)(ii) hereof has occurred with respect to the Units of which such Purchase Contract is a part, obligate the Holder of the related Security Unit to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to the Stated Amount Date, for $50 in cash (the "PURCHASE PRICE"“Purchase Price”), a number of newly-issued shares of Common Stock (subject to Section 5.09) equal to the applicable Settlement Rate unless an Early Settlement has occurred in accordance with Section 5.07 hereof or, prior to or on the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to such Purchase ContractRate. The "SETTLEMENT RATE" “Settlement Rate” is equal to: (ia) if the Applicable Market Value (as defined below) is equal to or greater than or equal to $34.3970 68.78 (the "THRESHOLD APPRECIATION PRICE"“Threshold Appreciation Price”), 1.4536 0.7270 shares of Common Stock per Purchase ContractContract (the “Minimum Settlement Rate”); (iib) if the Applicable Market Value is less than the Threshold Appreciation Price Price, but is greater than $29.15 55.02 (the "REFERENCE PRICE"“Reference Price”), the number of shares of Common Stock per Purchase Contract having a value equal to the Stated Amount $50.00 divided by the Applicable Market Value; and (iiic) if the Applicable Market Value is less than or equal to the Reference Price, 1.7153 0.9088 shares of Common Stock per Purchase ContractContract (the “Maximum Settlement Rate”), in each case subject to adjustment as provided in Section 5.04 5.6 (and in each case rounded upward or downward to the nearest 1/10,000th of a share). As provided in Section 5.10, no fractional shares of Common Stock will be issued upon settlement of Purchase Contracts.

Purchase of Shares of Common Stock. (a) Each Purchase Contract shall obligate the Holder of the related Security Units to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to the Stated Amount (the "PURCHASE PRICE"), a number of newly issued shares of Common Stock (subject to Section 5.09) equal to the Settlement Rate unless an Early Settlement, a Cash Merger Early Settlement has occurred in accordance with Section 5.07 hereof or, prior to or on the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Units of which such Purchase ContractContract 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 $34.3970 [o] (the "THRESHOLD APPRECIATION PRICE"), 1.4536 [o] shares of Common Stock per Purchase Contract; (ii) if the Adjusted Applicable Market Value is less than the Threshold Appreciation Price but greater than $29.15 [o] (the "REFERENCE PRICE"), the number of shares of Common Stock per Purchase Contract Contact having a value equal to the Stated Amount divided by the Adjusted Applicable Market Value; and; (iii) if the Adjusted Applicable Market Value is less than or equal to the Reference Price, 1.7153 [o] shares of Common Stock per Purchase Contract, ; in each case subject to adjustment as provided in Section 5.04 (and in each case rounded upward or downward to the nearest 1/10,000th of a share).