Common use of Payments Upon Conversion Clause in Contracts

Payments Upon Conversion. (a) Upon any conversion of any Security, the Company shall deliver to converting Holders, in respect of each $1,000 Principal Amount of Securities being converted, either solely cash, solely shares of Common Stock or a combination of cash and Common Stock (the “Settlement Amount”). (i) All conversions after May 15, 2037 will be settled using the same Settlement Method. If the Company has not delivered a notice of its election of a Settlement Method (the “Settlement Notice”) prior to May 15, 2037, the Settlement Method for conversions after May 15, 2037 shall be Net Share Settlement. (ii) Prior to May 15, 2037, the Company will use the same Settlement Method for all conversions occurring on any given Trading Day. Except for any conversions that occur either (1) during the period between a notice of redemption and the related Redemption Date, or (2) on or after May 15, 2037, the Company need not use the same Settlement Method with respect to conversions that occur on different Trading Days. (iii) If the Company elects to deliver a Settlement Notice, the Company, through the Trustee, shall deliver to the Settlement Notice to Holders that are converting no later than the second Trading Day immediately following the related Conversion Date. (b) The Settlement Amount shall be computed as follows: (i) If the Company elects to satisfy its conversion obligation solely in Common Stock, the Company will deliver a number of shares of Common Stock equal to (1) the aggregate Principal Amount of Securities to be converted divided by $1,000, multiplied by (2) the applicable Conversion Rate; (ii) If the Company elects to satisfy its conversion obligation solely in cash, the Company shall deliver cash in an amount equal to the sum of the Daily Conversion Values for each of the 30 Trading Days during the related Observation Period; and (iii) If the Company elects to satisfy its conversion obligation through delivery of a combination of cash and shares of Common Stock, the Company shall deliver in respect of each $1,000 Principal Amount of Securities being converted, a Settlement Amount equal to the sum of the Daily Settlement Amounts for each of the 30 Trading Days during the Observation Period for such Security. The “Daily Settlement Amount” for each of the 30 Trading Days during the Observation Period shall consist of:

Payments Upon Conversion. (a) Upon any conversion of any Security, the Company shall deliver to converting Holders, in respect of each $1,000 Principal Amount of Securities being converted, either solely cash, solely shares of Common Stock or a combination of cash and Common Stock (the “Settlement Amount”). (i) All conversions after May 15September 1, 2037 will be settled using the same Settlement Method. If the Company has not delivered a notice of its election of a Settlement Method (the “Settlement Notice”) prior to May 15September 1, 2037, the Settlement Method for conversions after May 15September 1, 2037 shall be Net Share Settlement. (ii) Prior to May 15September 1, 2037, the Company will use the same Settlement Method for all conversions occurring on any given Trading Day. Except for any conversions that occur either (1) during the period between a notice of redemption and the related Redemption Date, or (2) on or after May 15September 1, 2037, the Company need not use the same Settlement Method with respect to conversions that occur on different Trading Days. (iii) If the Company elects to deliver a Settlement Notice, the Company, through the Trustee, shall deliver to the Settlement Notice to Holders that are converting no later than the second Trading Day immediately following the related Conversion Date. If the Company does not deliver a Settlement Notice, the Settlement Method shall be Net Share Settlement. (b) The Settlement Amount shall be computed as follows: (i) If the Company elects to satisfy its conversion obligation solely in Common Stock, the Company will deliver a number of shares of Common Stock equal to (1) the aggregate Principal Amount of Securities to be converted divided by $1,000, multiplied by (2) the applicable Conversion Rate; (ii) If the Company elects to satisfy its conversion obligation solely in cash, the Company shall deliver cash in an amount equal to the sum of the Daily Conversion Values for each of the 30 25 consecutive Trading Days during the related Observation Period; and (iii) If the Company elects to satisfy its conversion obligation through delivery of a combination of cash and shares of Common Stock, the Company shall deliver in respect of each $1,000 Principal Amount of Securities being converted, a Settlement Amount equal to the sum of the Daily Settlement Amounts for each of the 30 25 consecutive Trading Days during the Observation Period for such Security. The “Daily Settlement Amount” for each of the 30 25 consecutive Trading Days during the Observation Period shall consist of: (A) cash equal to the lesser of (x) the dollar amount per $1,000 Principal Amount of Security to be received upon conversion as specified in the Settlement Notice, if any (the “Specified Dollar Amount”), divided by 25 (such quotient being referred to as the “Daily Measurement Value”) and (y) the Daily Conversion Value, and (B) to the extent the Daily Conversion Value exceeds the Daily Measurement Value, a number of shares of Common Stock (“Daily Share Amount”) equal to (x) the difference between the Daily Conversion Value and the Daily Measurement Value, divided by (y) the Daily VWAP;