Common use of Additional Interest Under Certain Circumstances Clause in Contracts

Additional Interest Under Certain Circumstances. If the Shelf Registration Statement is not declared effective by the Commission within 90 days after the date hereof, then on the 91st day after the date hereof, the Company shall make a cash payment to the Holders of the Initial Securities equal to $9.086 for each $1,000 principal amount of the Initial Securities held. If the Shelf Registration Statement is not declared effective by the Commission within 120 days after the date hereof, then on the 121st day after the date hereof (or the 5th day after the date on which such Shelf Registration Statement ceases to be effective or usable by each Purchaser for any reason for any period other than any Permitted Blackout Period (as defined below)) and on each date which is 30 days after any such date, the Company shall make a cash payment to the Holders of the Initial Securities equal to $12.1147 for each $1,000 principal amount of the Initial Securities held, until such time as the Shelf Registration Statement shall be declared effective by the Commission or is otherwise available for use by the Holders to publicly resell the Securities, at which time the Company's obligation to make such cash payments shall cease. No additional interest shall be payable on the Initial Securities due to any delay in having the Shelf Registration Statement declared effective by the Commission.

Additional Interest Under Certain Circumstances. If the Shelf Registration Statement is not declared effective by the Commission within 90 days after the date hereof, then on the 91st day after the date hereof, the Company shall make a cash payment to the Holders of the Initial Securities equal to $9.086 7.4492 for each $1,000 principal amount of the Initial Securities held. If the Shelf Registration Statement is not declared effective by the Commission within 120 days after the date hereof, then on the 121st day after the date hereof (or the 5th day after the date on which such Shelf Registration Statement ceases to be effective or usable by each Purchaser the Purchasers for any reason for any period other than any Permitted Blackout Period (as defined below)) and on each date which is 30 days after any such date, the Company shall make a cash payment to the Holders of the Initial Securities equal to $12.1147 10.00 for each $1,000 principal amount of the Initial Securities held, until such time as the Shelf Registration Statement shall be declared effective by the Commission or is otherwise available for use by the Holders to publicly resell the Securities, at which time the Company's obligation to make such cash payments shall cease. No additional interest shall be payable on the Initial Securities due to any delay in having the Shelf Registration Statement declared effective by the Commission.