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

Purchase of Shares of Common Stock. Each Purchase Contract shall obligate the Holder of the related Unit 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 equal to the Settlement Rate unless, on or prior to the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Unit of which such Purchase Contract is a part. The "Settlement Rate" is equal to (a) if the Applicable Market Value (as defined below) is equal to or greater than $23.10 (the "Threshold Appreciation Price"), 0.1126 shares of Common Stock per Purchase Contract, (b) if the Applicable Market Value is less than the Threshold Appreciation Price, but is greater than $16.50, the number of shares of Common Stock equal to the Stated Amount divided by the Applicable Market Value, and (c) if the Applicable Market Value is less than or equal to $16.50, 0.1576 shares of Common Stock per Purchase Contract, in each case subject to adjustment as provided in Section 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. Each Purchase Contract shall shall, unless a Termination Event or an Early Settlement in accordance with Section 5.9 hereof has occurred, obligate the Holder of the related Unit Security 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"), a number of newly issued shares of Common Stock equal to the applicable Settlement Rate unless, on or prior to the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Unit of which such Purchase Contract is a partRate. The "Settlement Rate" is equal to (a) if the Applicable Market Value (as defined below) is equal to or greater than $23.10 ____ (the "Threshold Appreciation Price"), 0.1126 ____ shares of Common Stock per Purchase Contract, (b) if the Applicable Market Value is less than the Threshold Appreciation Price, but is greater than $16.50____, the number of shares of Common Stock equal to the Stated Amount [$50.00] divided by the Applicable Market Value, Value and (c) if the Applicable Market Value is less than or equal to $16.50____, 0.1576 ____ shares of Common Stock per Purchase Contract, in each case subject to adjustment as provided in Section 5.6 (and in each case rounded upward or downward to the nearest 1/10,000th [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. Each Purchase Contract shall shall, unless a Termination Event or an Early Settlement in accordance with Section 5.9 hereof or a Merger Early Settlement in accordance with Section 5.10 hereof has occurred, obligate the Holder of the related Unit Security 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"), a number of newly issued shares of Common Stock equal to the applicable Settlement Rate unless, on or prior to the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Unit of which such Purchase Contract is a partRate. The "Settlement Rate" is equal to (a) if the Applicable Market Value (as defined below) is equal to or greater than $23.10 67.92 (the "Threshold Appreciation Price"), 0.1126 0.7362 shares of Common Stock per Purchase Contract, (b) if the Applicable Market Value is less than the Threshold Appreciation Price, but is greater than $16.5056.60, the number of shares of Common Stock equal to the Stated Amount $50.00 divided by the Applicable Market Value, Value and (c) if the Applicable Market Value is less than or equal to $16.5056.60, 0.1576 0.8834 shares of Common Stock per Purchase Contract, in each case subject to adjustment as provided in Section 5.6 (and in each case rounded upward or downward to the nearest 1/10,000th of a share). As provided in Section 5.105.11, no fractional shares of Common Stock will be issued upon settlement of Purchase Contracts.

Purchase of Shares of Common Stock. Each Purchase Contract shall shall, unless a Termination Event or an Early Settlement or Cash Merger Early Settlement in accordance with Section 5.9 hereof has occurred, obligate the Holder of the related Unit Security to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to the Stated Amount Date, for $25 in cash (the "Purchase Price"), a number of newly issued shares of Common Stock equal to the applicable Settlement Rate unless, on or prior to the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Unit of which such Purchase Contract is a partRate. The "Settlement Rate" is equal to (a) if the Applicable Market Value (as defined below) is equal to or greater than $23.10 33.80 (the "Threshold Appreciation Price"), 0.1126 a number of shares of Common Stock per Purchase ContractContract equal to the product of (i) the Stated Amount divided by the Reference Price, multiplied by (ii) one minus a fraction, the numerator of which is $7.80 and the denominator of which is the Applicable Market Value, (b) if the Applicable Market Value is less than the Threshold Appreciation Price, but is greater than $16.5026.00 (the "Reference Price"), the a number of shares of Common Stock per Purchase Contract equal to the Stated Amount $25 divided by the Applicable Market Value, Value and (c) if the Applicable Market Value is less than or equal to $16.50the Reference Price, 0.1576 0.9615 shares of Common Stock per Purchase Contract, in each case subject to adjustment as provided in Section 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. Each Purchase Contract shall shall, unless a Termination Event or an Early Settlement in accordance with Section 5.9 hereof has occurred, obligate the Holder of the related Unit Security 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"), a number of newly issued shares of Common Stock equal to the applicable Settlement Rate unless, on or prior to the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Unit of which such Purchase Contract is a partRate. The "Settlement Rate" is equal to (a) if the Applicable Market Value (as defined below) is equal to or greater than $23.10 62.9145 (the "Threshold Appreciation Price"), 0.1126 0.7947 shares of Common Stock per Purchase Contract, (b) if the Applicable Market Value is less than the Threshold Appreciation Price, but is greater than $16.5051.15, the number of shares of Common Stock equal to the Stated Amount $50 divided by the Applicable Market Value, Value and (c) if the Applicable Market Value is less than or equal to $16.5051.15, 0.1576 0.9775 shares of Common Stock per Purchase Contract, in each case subject to adjustment as provided in Section 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. Each Purchase Contract shall obligate the Holder of the related 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 equal to the Settlement Rate unless, on or prior to the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Unit of which such Purchase Contract is a part. The "Settlement RateSETTLEMENT RATE" is equal to (a) if the Applicable Market Value (as defined below) is equal to or greater than $23.10 [23.10] (the "Threshold Appreciation PriceTHRESHOLD APPRECIATION PRICE"), 0.1126 [0.1126] shares of Common Stock per Purchase Contract, (b) if the Applicable Market Value is less than the Threshold Appreciation Price, but is greater than $[16.50], the number of shares of Common Stock equal to the Stated Amount divided by the Applicable Market Value, and (c) if the Applicable Market Value is less than or equal to $[16.50], 0.1576 [0.1576] shares of Common Stock per Purchase Contract, in each case subject to adjustment as provided in Section 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.29

Purchase of Shares of Common Stock. Each Purchase Contract shall shall, unless a Termination Event or an Early Settlement in accordance with Section 5.9 hereof, obligate the Holder of the related Unit Security 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"), a number of newly issued shares of Common Stock equal to the applicable Settlement Rate unless, on or prior to the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Unit of which such Purchase Contract is a partRate. The "Settlement Rate" is equal to (a) if the Applicable Market Value (as defined below) is equal to or greater than $23.10 ____ (the "Threshold Appreciation Price"), 0.1126 ____ shares of Common Stock per Purchase Contract, (b) if the Applicable Market Value is less than the Threshold Appreciation Price, but is greater than $16.50____, the number of shares of Common Stock equal to the Stated Amount [$50.00] divided by the Applicable Market Value, Value and (c) if the Applicable Market Value is less than or equal to $16.50____, 0.1576 ____ shares of Common Stock per Purchase Contract, in each case subject to adjustment as provided in Section 5.6 (and in each case rounded upward or downward to the nearest 1/10,000th [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. Each Purchase Contract shall obligate the Holder of the related 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 equal to the Settlement Rate unless, on or prior to the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Unit of which such Purchase Contract is a part. The "Settlement RateSETTLEMENT RATE" is equal to (a) if the Applicable Market Value (as defined below) is equal to or greater than $23.10 [23.10] (the "Threshold Appreciation PriceTHRESHOLD APPRECIATION PRICE"), 0.1126 [0.1126] shares of Common Stock per Purchase Contract, (b) if the Applicable Market Value is less than the Threshold Appreciation Price, but is greater than $[16.50], the number of shares of Common Stock equal to the Stated Amount divided by the Applicable Market Value, and (c) if the Applicable Market Value is less than or equal to $[16.50], 0.1576 [0.1576] shares of Common Stock per Purchase Contract, in each case subject to adjustment as provided in Section 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. Each Purchase Contract shall obligate the Holder of the related Unit 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 5.08) equal to the Settlement Rate unlessunless an Early Settlement, on a Cash Merger Early Settlement or prior to the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Unit Units of which such Purchase Contract is a partpart shall have occurred. The "Settlement Rate" is equal to (a) if to: If the Applicable Market Value (as defined below) is greater than or equal to or greater than $23.10 87.64 (the "Threshold Appreciation Price"), 0.1126 0.5705 shares of Common Stock per Purchase Contract, subject to adjustment pursuant to Section 5.04 below (b) as adjusted, the "Minimum Settlement Rate"); if the Applicable Market Value is less than the Threshold Appreciation Price, Price but is greater than $16.5070.68 (the "Reference 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 Value, and (c) Amount; if the Applicable Market Value is less than or equal to $16.50the Reference Price, 0.1576 0.7074 shares of Common Stock per Purchase Contract, in each case subject to adjustment pursuant to Section 5.04 below (as provided in Section 5.6 (and adjusted, the "Maximum Settlement Rate"); 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. Each Purchase Contract shall shall, unless a Termination Event or an Early Settlement or Cash Merger Early Settlement in accordance with Section 5.9 hereof has occurred, obligate the Holder of the related Unit Security to purchase, and the Company to sell, on the Purchase Contract Settlement Date at a price equal to the Stated Amount Date, for $25 in cash (the "Purchase Price"), a number of newly issued shares of Common Stock equal to the applicable Settlement Rate unless, on or prior to the Purchase Contract Settlement Date, there shall have occurred a Termination Event with respect to the Unit of which such Purchase Contract is a partRate. The "Settlement Rate" is equal to (a) if the Applicable Market Value (as defined below) is equal to or greater than $23.10 33.80 (the "Threshold Appreciation Price"), 0.1126 a number of shares of Common Stock per Purchase ContractContract equal to the product of (i) the Stated Amount divided by the Reference Price multiplied by (ii) one minus a fraction, the numerator of which is $7.80 and the denominator of which is the Applicable Market Value, (b) if the Applicable Market Value is less than the Threshold Appreciation Price, but is greater than $16.5026.00 (the "Reference Price"), the number of shares of Common Stock per Purchase Contract equal to the Stated Amount $25 divided by the Applicable Market Value, Value and (c) if the Applicable Market Value is less than or equal to $16.50the Reference Price, 0.1576 0.9615 shares of Common Stock per Purchase Contract, in each case subject to adjustment as provided in Section 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.