Settlement Fund: $16,000,000.00 (sixteen million) in cash and 2,777,778 shares of MannKind common stock. If the consolidated closing bid price for MannKind common stock as reported by The NASDAQ Global Market (the “Closing Price”) is below $1.00 per share on the Final Judgment Date, the Settlement Fund will include an additional 1,000,000 (one million) shares of MannKind common stock.