Common use of Exercise and Settlement Clause in Contracts

Exercise and Settlement. The Vested Rights will automatically be exercised upon the earlier to occur of (i) February 1, 2012, or (ii) a Change in Control (the “Date of Exercise”). Any Vested Rights exercised pursuant to the preceding sentence shall be settled by the Company through payment of the Appreciation Amount in a lump sum cash payment within the period of 10 Business Days beginning on the date of exercise of the Vested Rights.

Exercise and Settlement. The Vested Rights will automatically be exercised upon the earlier to occur of (i) February 1, 20122013, or (ii) a Change in Control (the “Date of Exercise”). Any Vested Rights exercised pursuant to the preceding sentence shall be settled by the Company through payment of the Appreciation Amount in a lump sum cash payment within the period of 10 Business Days beginning on the date of exercise of the Vested Rights.