Common use of The H Clause in Contracts

The H. Committee may (in its sole discretion) determine that, in substitution for Executive's right to receive such number of Incentive ADSs as represent up to forty (40) percent of the Incentive ADSs issuable to Executive on any Instalment Date, Executive shall be paid (in full and final satisfaction of such right) a sum equal to the then cash equivalent of such number of Incentive ADSs. For the purposes of the preceding sentence, the "then cash equivalent" of an Incentive ADS is the closing market price of the Company's American depositary shares on the NASDAQ National Market System on the dealing day last preceding the relevant Instalment Date.