Common use of Settlement Averaging Period Clause in Contracts

Settlement Averaging Period. For any Exercisable Option and regardless, for the avoidance of doubt, of the settlement method elected by Counterparty under the related Convertible Note, (i) if Counterparty has, on or prior to December 1, 2013, delivered a Notice of Exercise to Dealer with respect to such Exercisable Option with a Conversion Date occurring prior to December 1, 2013, the fifty (50) consecutive Valid Days commencing on and including the second Scheduled Valid Day following such Conversion Date, or (ii) if Counterparty has, on or following December 1, 2013, delivered a Notice of Exercise to Dealer with respect to such Exercisable Optionwith a Conversion Date occurring on or following December 1, 2013, the fifty (50) consecutive Valid Days commencing on, and including, the fifty-second (52nd) Scheduled Valid Day immediately prior to the Expiration Date; provided that if Counterparty has at any time delivered a Notice of Early Redemption to Dealer (including after December 1, 2013), the Settlement Averaging Period for any Exercisable Option shall be the fifty (50) consecutive Valid Days commencing on, and including, the fifty-second (52nd) Scheduled Valid Day immediately prior to the Scheduled Redemption Date, regardless, for the avoidance of doubt, of the settlement method elected by Counterparty under the related Convertible Note

Settlement Averaging Period. For any Exercisable Option and regardless, for the avoidance of doubt, of the settlement method elected by Counterparty under the related Convertible Note, (i) if Counterparty has, on or prior to December 1, 2013, delivered a Notice of Exercise to Dealer with respect to such Exercisable Option with a Conversion Date occurring prior to December 1, 2013, the fifty (50) consecutive Valid Days commencing on and including the second Scheduled Valid Day following such Conversion Date, or (ii) if Counterparty has, on or following December 1, 2013, delivered a Notice of Exercise to Dealer with respect to such Exercisable Optionwith Option with a Conversion Date occurring on or following December 1, 2013, the fifty (50) consecutive Valid Days commencing on, and including, the fifty-second (52nd) Scheduled Valid Day immediately prior to the Expiration Date; provided that if Counterparty has at any time delivered a Notice of Early Redemption to Dealer (including after December 1, 2013), the Settlement Averaging Period for any Exercisable Option shall be the fifty (50) consecutive Valid Days commencing on, and including, the fifty-second (52nd) Scheduled Valid Day immediately prior to the Scheduled Redemption Date, regardless, for the avoidance of doubt, of the settlement method elected by Counterparty under the related Convertible Note

Settlement Averaging Period. For any Exercisable Option and regardless, for the avoidance of doubt, of the settlement method elected by Counterparty under the related Convertible NoteOption, (ix) if Counterparty hashas delivered, on or prior to December 1in accordance with the terms set forth above, 2013, delivered a Notice of Exercise to Dealer Deutsche with respect to such Exercisable Option with a Conversion Date occurring prior to December 115, 20132011, the fifty forty (5040) consecutive Valid Days commencing Day period beginning on and including the second Scheduled third Valid Day following after such Conversion Date; provided that, if such Notice of Exercise specifies that Settlement in Shares applies to the Convertible Notes converted on such Conversion Date, the Settlement Averaging Period shall be the eighty (80) consecutive Valid Day period beginning on and including the third Scheduled Valid Day after such Conversion Date or (iiy) if Counterparty hashas delivered, on or following December 1in accordance with the terms set forth above, 2013, delivered a Notice of Exercise Settlement Method to Dealer Deutsche with respect to such Exercisable Optionwith Option with a Conversion Date occurring on or following December 115, 20132011, the fifty forty (5040) consecutive Valid Days commencing on, Day period beginning on and including, including the fifty-forty second (52nd42nd) Scheduled Valid Day immediately prior to the Expiration Date; provided that that, if Counterparty has at any time delivered a such Notice of Early Redemption Settlement Method specifies that Settlement in Shares applies to Dealer (including after December 1, 2013)the Convertible Notes converted on such Conversion Date, the Settlement Averaging Period for any Exercisable Option shall be the fifty eighty (5080) consecutive Valid Days commencing on, Day period beginning on and including, including the fifty-forty second (52nd42nd) Scheduled Valid Day immediately prior to the Scheduled Redemption Expiration Date. Settlement Date: For any Exercisable Option, regardless, for the avoidance of doubt, third Valid Day immediately following the final Valid Day of the settlement method elected by Counterparty under the related Convertible NoteSettlement Averaging Period with respect to such Exercisable Options.

Settlement Averaging Period. For any Exercisable Option and regardless, for the avoidance of doubt, of the settlement method elected by Counterparty under the related Convertible NoteOption, (ix) if Counterparty hashas delivered, on or prior to December 1in accordance with the terms set forth above, 2013, delivered a Notice of Exercise to Dealer JPMorgan with respect to such Exercisable Option with a Conversion Date occurring prior to December 115, 20132011, the fifty forty (5040) consecutive Valid Days commencing Day period beginning on and including the second Scheduled third Valid Day following after such Conversion Date; provided that, if such Notice of Exercise specifies that Settlement in Shares applies to the Convertible Notes converted on such Conversion Date, the Settlement Averaging Period shall be the eighty (80) consecutive Valid Day period beginning on and including the third Scheduled Valid Day after such Conversion Date or (iiy) if Counterparty hashas delivered, on or following December 1in accordance with the terms set forth above, 2013, delivered a Notice of Exercise Settlement Method to Dealer JPMorgan with respect to such Exercisable Optionwith Option with a Conversion Date occurring on or following December 115, 20132011, the fifty forty (5040) consecutive Valid Days commencing on, Day period beginning on and including, including the fifty-forty second (52nd42nd) Scheduled Valid Day immediately prior to the Expiration Date; provided that that, if Counterparty has at any time delivered a such Notice of Early Redemption Settlement Method specifies that Settlement in Shares applies to Dealer (including after December 1, 2013)the Convertible Notes converted on such Conversion Date, the Settlement Averaging Period for any Exercisable Option shall be the fifty eighty (5080) consecutive Valid Days commencing on, Day period beginning on and including, including the fifty-forty second (52nd42nd) Scheduled Valid Day immediately prior to the Scheduled Redemption Expiration Date. Settlement Date: For any Exercisable Option, regardless, for the avoidance of doubt, third Valid Day immediately following the final Valid Day of the settlement method elected by Counterparty under the related Convertible NoteSettlement Averaging Period with respect to such Exercisable Options.