Common use of VAI Right Clause in Contracts

VAI Right. (a) Upon the occurrence of a Trigger Event (as defined below), FDIC will have the right (the “VAI Right”) which may be exercised in whole or in part, at any time during the Term in accordance with the provisions of Section 3, to receive a payment in cash or in stock (the “VAI Payment”) in respect of one hundred thousand (100,000) Units, in the aggregate, as follows: (1) if payment in cash is elected, the VAI Payment shall be equal to the product of (i) the Settlement Price per Unit and (ii) the number of Units in respect of which the VAI Right is being exercised as set forth in the applicable Exercise Notice, or (2) if payment in stock is elected, the VAI Payment shall be the number of shares of the Company’s common stock equal to (X) the product of (i) the number of Units in respect of which the VAI Right is being exercised as set forth in the applicable Exercise Notice and (ii) the Settlement Price per Unit, divided by (Y) the Determination Price as defined in clause (i) or clause (ii) of the definition of “Determination Price” as defined in clause (i) or clause (ii) of the definition of “Determination Price.”

VAI Right. (a) Upon the occurrence of a Trigger Event (as defined below), FDIC will have the right (the “VAI Right”) ), which may be exercised exercised, in whole or in part, at any time during the Term in accordance with the provisions of Section 3, to receive a payment in cash or in stock (the “VAI Payment”) in respect of one hundred twenty-five thousand (100,00025,000) Units, in the aggregate, as follows: (1) if payment in cash is elected, the VAI Payment shall be equal to the product of (i) the Settlement Price per Unit and (ii) the number of Units in respect of which the VAI Right is being exercised as set forth in the applicable Exercise Notice, or (2) if payment in stock is elected, the VAI Payment shall be the number of shares of the Company’s common stock equal to (X) the product of (i) the number of Units in respect of which the VAI Right is being exercised as set forth in the applicable Exercise Notice and (ii) the Settlement Price per Unit, divided by (Y) the Determination Price as defined in clause (i) or clause (ii) of the definition of “Determination Price” as defined in clause (i) or clause (ii) of the definition of “Determination Price.”

VAI Right. (a) Upon the occurrence of a Trigger Event (as defined below), FDIC will have the right (the “VAI Right”) ), which may be exercised exercised, in whole or in part, at any time during the Term in accordance with the provisions of Section 3, to receive a payment in cash or in stock (the “VAI Payment”) in respect of one hundred fifty thousand (100,00050,000) Units, in the aggregate, as follows: (1) if payment in cash is elected, the VAI Payment shall be equal to the product of (i) the i)the Settlement Price per Unit and (ii) the number of Units in respect of which the VAI Right is being exercised as set forth in the applicable Exercise Notice, or (2) if payment in stock is elected, the VAI Payment shall be the number of shares of the Company’s common stock equal to (X) the product of (i) the number of Units in respect of which the VAI Right is being exercised as set forth in the applicable Exercise Notice and (ii) the Settlement Price per Unit, divided by (Y) the Determination Price as defined in clause (i) or clause (ii) of the definition of “Determination Price” as defined in clause (i) or clause (ii) of the definition of “Determination Price.”

VAI Right. (a) Upon the occurrence of a Trigger Event (as defined below), FDIC will have the right (the “VAI Right”) which may be exercised exercised, in whole or in part, at any time during the Term in accordance with the provisions of Section 3, to receive a payment in cash or in stock (the “VAI Payment”) in respect of one hundred thousand (100,000) Units, in the aggregate, as follows: (1) if payment in cash is elected, the VAI Payment shall be equal to the product of (i) the Settlement Price per Unit and (ii) the number of Units in respect of which the VAI Right is being exercised as set forth in the applicable Exercise Notice, or (2) if payment in stock is elected, the VAI Payment shall be the number of shares of the Company’s common stock equal to (X) the product of (i) the number of Units in respect of which the VAI Right is being exercised as set forth in the applicable Exercise Notice and (ii) the Settlement Price per Unit, divided by (Y) the Determination Price as defined in clause (i) or clause (ii) of the definition of “Determination Price” as defined in clause (i) or clause (ii) of the definition of “Determination Price.”