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Inside a single yr following the pending litigation claims while in the Novell/IBM Litigation are eventually resolved (by ultimate judgment or purchase, not topic to more attractiveness, or settlement), the Reorganized Debtor is likely to make a remaining payment to redeem all New Frequent Stock held via the Trust in an total (the "Redemption Price") equal to the sum of (a) a share of any net Restoration the Reorganized Debtor realizes from the ultimate resolution in the Novell/IBM Litigation (Web of any Restoration on or settlement of counterclaims and cross claims versus the Debtor, which includes a Novell/IBM Payment, if any, and net of all taxes, and Ongoing Authorized Costs and Prices incurred through the Debtor or even the Reorganized SCO in link therewith), this sort of proportion to fluctuate between 15% and 49% dependant upon the conversion proportion of the Sequence A Most well-liked, and subject towards the anti dilution rights of the holders of your Series A Most popular, and (b) the product attained by multiplying (i) the earnings of your Debtor (plus the Reorganized SCO) (excluding any earnings arising from the Novell/IBM Litigation recovery) before fascination, taxes, depreciation and amortization (more than the four complete fiscal quarters straight away preceding the resolution of theNovell/IBM Litigation), by (ii) the solution of 4 periods The proportion (amongst fifteen% (as may be lowered via the anti dilution legal rights in the holders from the Series A Favored) and 49%) decided below (a), above.

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