Common use of Settlement Rate Clause in Contracts

Settlement Rate. Each Purchase Contract obligates the Company to deliver, on the Mandatory Settlement Date, a number of shares of Common Stock (subject to Section 4.04 and Article 5) equal to the Settlement Rate as determined by the Company unless such Purchase Contract settles prior to the Mandatory Settlement Date pursuant to Section 5.03 or Section 5.04. The number of shares of Common Stock issuable upon settlement of each Purchase Contract on the Mandatory Settlement Date (the “Settlement Rate”) is equal to: (i) if the Applicable Market Value is equal to or greater than $[ ] (the “Threshold Appreciation Price”), [ ] shares of Common Stock for each Purchase Contract (the “Minimum Settlement Rate”); (ii) if the Applicable Market Value is greater than $[ ] (the “Reference Price”) but less than the Threshold Appreciation Price, a number of shares of Common Stock for each Purchase Contract 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, [ ] shares of Common Stock for each Purchase Contract (the “Maximum Settlement Rate”), provided that the Maximum Settlement Rate and the Minimum Settlement Rate (each, a “Fixed Settlement Rate”) shall each be subject to adjustment as provided in Article 5.

Settlement Rate. (a) Each Purchase Contract obligates the Company to deliver, on the Mandatory Settlement Date, a number of shares of Class A Common Stock (subject to Section 4.04 and Article 5) equal to the Settlement Rate as determined by the Company Company, unless such Purchase Contract settles has settled or been redeemed prior to the Mandatory Settlement Date pursuant to Section 5.03 or Section 5.04. Date. (b) The number of shares of Common Stock issuable upon settlement of each Purchase Contract on the Mandatory Settlement Date (the “Settlement Rate”) ” is equal to: (i) if the Applicable Market Value is equal to or greater than $[ ] (the “Threshold Appreciation Price”), [ ] 1.2355 shares of Class A Common Stock for each Purchase Contract (the “Minimum Settlement Rate”); (ii) if the Applicable Market Value is greater than $[ ] (the “Reference Price”) Price but less than the Threshold Appreciation Price, a number of shares of Class A Common Stock for each Purchase Contract 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, [ ] 1.5444 shares of Class A Common Stock for each Purchase Contract (the “Maximum Settlement Rate”), provided that the . (c) The Maximum Settlement Rate and Rate, the Minimum Settlement Rate (each, a “Fixed Settlement Rate”) and the Reference Price shall each be subject to adjustment as provided in Article 55 and rounded upward or downward to the nearest 1/10,000th of a share (or if there is not a nearest 1/10,000th of a share, to the next lower 1/10,000th of a share) or nearest $0.0001, as the case may be. (d) The Company shall give notice of the Settlement Rate to the Purchase Contract Agent and Holders no later than two Scheduled Trading Days prior to the Mandatory Settlement Date.

Settlement Rate. (a) Each Purchase Contract obligates the Company to deliverdeliver to the Holder thereof, on the Mandatory Settlement Date, a number of shares of Common Stock (subject to Section 4.04 and Article 5) equal to the Settlement Rate as determined by the Company Company, unless such Purchase Contract settles has settled or been redeemed prior to the Mandatory Settlement Date pursuant to Section 5.03 or Section 5.04. Date. (b) The number of shares of Common Stock issuable upon settlement of each Purchase Contract on the Mandatory Settlement Date (the “Settlement Rate”) ” is equal to: (i) if the Applicable Market Value is equal to or greater than $[ ] (the “Threshold Appreciation Price”), [ ] 43.0918 shares of Common Stock for each Purchase Contract (the “Minimum Settlement Rate”); (ii) if the Applicable Market Value is greater than $[ ] (or equal to the “Reference Price”) Price but less than or equal to the Threshold Appreciation Price, a number of shares of Common Stock (and any cash payable in lieu of fractional shares pursuant to Section 4.13) for each Purchase Contract 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, [ ] 50.6329 shares of Common Stock for each Purchase Contract (the “Maximum Settlement Rate”), provided that the . (c) The Maximum Settlement Rate and Rate, the Minimum Settlement Rate (each, a “Fixed Settlement Rate”) and the Reference Price shall each be subject to adjustment as provided in Article 55 and rounded upward or downward to the nearest 1/10,000th of a share (or if there is not a nearest 1/10,000th of a share, to the next lower 1/10,000th of a share) or nearest $0.0001, as the case may be. (d) The Company shall give notice of the Settlement Rate to the Purchase Contract Agent and Holders no later than two Scheduled Trading Days prior to the Mandatory Settlement Date.

Settlement Rate. Each Purchase Contract obligates the Company to deliver, on the Mandatory Settlement Date, a number of shares of Common Stock (subject to Section 4.04 and Article 5) equal to the Settlement Rate as determined by the Company unless such Purchase Contract settles prior to the Mandatory Settlement Date pursuant to Section 5.03 or Section 5.04Date. The number of shares of Common Stock issuable upon settlement of each Purchase Contract on the Mandatory Settlement Date (the “Settlement Rate”) ” is equal to: (i) if the Applicable Market Value (as defined below) is equal to or greater than $[ ] 7.12 (the “Threshold Appreciation Price”), [ ] 3.5126 shares of Common Stock for each Purchase Contract (the “Minimum Settlement Rate”); (ii) if the Applicable Market Value is less than the Threshold Appreciation Price but greater than $[ ] 5.81 (the “Reference Price”) but less than the Threshold Appreciation Price), a number of shares of Common Stock for each Purchase Contract 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, [ ] 4.3029 shares of Common Stock for each Purchase Contract (the “Maximum Settlement Rate”), provided that the Maximum Settlement Rate and Rate, the Minimum Settlement Rate (each, a “Fixed Settlement Rate”) and the Applicable Market Value shall each be subject to adjustment as provided in Article 5V and rounded upward or downward to the nearest 1/10,000th of a share (or if there is not a nearest 1/10,000th of a share, to the next lower 1/10,000th of a share). (iv) The Company shall give notice of the Settlement Rate to the Purchase Contract Agent and Holders no later than 2 Trading Days prior to the Mandatory Settlement Date.

Settlement Rate. Each Purchase Contract obligates the Company (a) The “Settlement Rate” applicable to deliver, on the Mandatory Settlement Date, a number of shares of Common Stock (subject to Section 4.04 and Article 5) equal to the Settlement Rate as determined by the Company unless such Purchase Contract settles prior to the Mandatory Settlement Date pursuant to Section 5.03 or Section 5.04. The number of shares of Common Stock issuable upon settlement of each Purchase Contract on the Mandatory Settlement Date or in connection with any Early Settlement pursuant to Section 4.06 (the “Settlement Rate”but not Section 4.07) is shall be equal to: (i) if the Applicable Market Value is greater than or equal to or greater than $[ ] (the “Threshold Appreciation Price”), [ ] 12.9341 shares of Common Stock for each Purchase Contract (the “Minimum Settlement Rate”); (ii) if the Applicable Market Value is greater than $[ ] (the “Reference Price”) Price but less than the Threshold Appreciation Price, a number of shares of Common Stock for each Purchase Contract 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, [ ] 15.1976 shares of Common Stock for each Purchase Contract (the “Maximum Settlement Rate”), provided that the . (b) The Maximum Settlement Rate and the Minimum Settlement Rate (each, a “Fixed Settlement Rate”) shall each be subject to adjustment as provided in Article 5, and each Fixed Settlement Rate shall be rounded upward or downward to the nearest 1/10,000th of a share. (c) The Company shall give written notice of the Settlement Rate to the Purchase Contract Agent and Holders no later than the Scheduled Trading Day prior to the Mandatory Settlement Date.