Common use of Put Termination; Put Interruption Clause in Contracts

Put Termination; Put Interruption. If, by 4:00PM New York City time on the Put Date specified in an Advance Put Notice, the Company has not (i) delivered all of the Required Put Documents to the Investor and (ii) delivered the executed Officer’s Put Certificate to the Investor confirming that all Put Conditions for the Put have been met and all Required Put Documents for the Put have been delivered, the Put shall be automatically terminated (an “Automatic Put Termination”). In the event of an Automatic Put Termination, the Company may initiate a new Put anytime thereafter by delivering a new Advance Put Notice at least five (5) Trading Days before the new Put Date specified therein. In the event of a Put Interruption Event (as defined below), in each case during any Pricing Period, then (A) the Company shall notify the Investor in writing (a “Put Interruption Notice”) as soon as possible by facsimile and overnight courier, but no later than the end of the Business Day in which the Company becomes aware of such facts, (B) the Pricing Period shall be extended or shortened, as applicable, such that the Pricing Period End Date is the tenth (10th) Trading Day after the date of such Put Interruption Notice from the Company, (the “Put Interruption Date”), (C) each Trading Day from and including the Put Interruption Date through and including the Pricing Period End Date for the applicable Put (as extended or shortened, if applicable), shall be considered to be an “Excluded Day,” as that term is used in this Agreement, and (D) the Company Designated Minimum Put Share Price, if any, shall not apply to the affected Put. In the event that a Put Interruption Event occurs after an Advance Put Notice Date, but before the applicable Put Date, that Put shall be deemed to be terminated, and the Company may deliver an Advance Put Notice for a new Put anytime beginning on the following Trading Day, if otherwise allowed under this Agreement. A “Put Interruption Event” shall mean any of the following: (i) an Automatic Termination, (ii) the failure of one of the items specified in Section 2.3.5 below to be true and correct on any day during an Extended Pricing Period, or (iii) the occurrence of one of the following events:

Put Termination; Put Interruption. If, by 4:00PM New York City time on the Put Date specified in an Advance Put Notice, the Company has not (i) delivered all of the Required Put Documents to the Investor and (ii) delivered the executed Officer’s Put Certificate to the Investor confirming that all Put Conditions for the Put have been met and all Required Put Documents for the Put have been delivered, the Put shall be automatically terminated (an “Automatic Put Termination”). In the event of an Automatic Put Termination, the Company may initiate a new Put anytime thereafter by delivering a new Advance Put Notice at least five (5) Trading Days before the new Put Date specified therein. In the event of a Put Interruption Event (as defined below), in each case during any Pricing Period, then (A) the Company shall notify the Investor in writing (a “Put Interruption Notice”) as soon as possible by facsimile and overnight courier, but no later than the end of the Business Day in which the Company becomes aware of such facts, (B) the Pricing Period shall be extended or shortened, as applicable, such that the Pricing Period End Date is the tenth (10th10 th ) Trading Day after the date of such Put Interruption Notice from the Company, (the “Put Interruption Date”), (C) each Trading Day from and including the Put Interruption Date through and including the Pricing Period End Date for the applicable Put (as extended or shortened, if applicable), shall be considered to be an “Excluded Day,” as that term is used in this Agreement, and (D) the Company Designated Minimum Put Share Price, if any, shall not apply to the affected Put. In the event that a Put Interruption Event occurs after an Advance Put Notice Date, but before the applicable Put Date, that Put shall be deemed to be terminated, and the Company may deliver an Advance Put Notice for a new Put anytime beginning on the following Trading Day, if otherwise allowed under this Agreement. A “Put Interruption Event” shall mean any of the following: (i) an Automatic Termination, (ii) the failure of one of the items specified in Section 2.3.5 below to be true and correct on any day during an Extended Pricing Period, or (iii) the occurrence of one of the following events:

Put Termination; Put Interruption. If, by 4:00PM New York City time on the Put Date specified in an Advance Put Notice, the Company has not (i) delivered all of the Required Put Documents to the Investor and (ii) delivered the executed Officer’s Put Certificate to the Investor confirming that all Put Conditions for the Put have been met and all Required Put Documents for the Put have been delivered, the Put shall be automatically terminated (an “Automatic Put Termination”). In the event of an Automatic Put Termination, the Company may initiate a new Put anytime thereafter by delivering a new Advance Put Notice at least five (5) Trading Days before the new Put Date specified therein. Once the Company delivers an Advance Put Notice to the Investor, the Company may not cancel the Put. In the event of a Put Interruption Event (as defined below), in each case during any Pricing Period, then (A) the Company shall notify the Investor in writing (a “Put Interruption Notice”) as soon as possible by facsimile and overnight courier, but no later than the end of the Business Day in which the Company becomes aware of such facts, (B) the Pricing Period shall be extended or shortened, as applicable, such that the Pricing Period End Date is the tenth (10th) Trading Day after the date of such Put Interruption Notice from the Company, (the “Put Interruption Date”), (C) each Trading Day from and including the Put Interruption Date through and including the Pricing Period End Date for the applicable Put (as extended or shortened, if applicable), shall be considered to be an “Excluded Day,” as that term is used in this Agreement, and (D) the Company Designated Minimum Put Share Price, if any, shall not apply to the affected Put. In the event that a Put Interruption Event occurs after an Advance Put Notice Date, but before the applicable Put Date, that Put shall be deemed to be terminated, and the Company may deliver an Advance Put Notice for a new Put anytime beginning on the following Trading Day, if otherwise allowed under this Agreement. A “Put Interruption Event” shall mean any of the following: (i) an Automatic Termination, (ii) the failure of one of the items specified in Section 2.3.5 below to be true and correct on any day during an Extended Pricing Period, or (iii) the occurrence of one of the following events: