Common use of Cash Delivery Option Clause in Contracts

Cash Delivery Option. At its option, Seller may deliver to -------------------- Purchaser on the Exchange Date, in lieu of the Contract Shares, an amount in cash equal to, subject to adjustment as provided in Section 6.2, the Exchange Price of the Contract Shares (the "Cash Delivery Option"), paid by wire transfer -------------------- to an account designated by Purchaser, in Federal (immediately available same- day) funds; provided that in connection with a Rollover Offering which is consummated and as to which Seller has duly elected the Cash Delivery Option and has duly made a Rollover Offering Election, such cash payment shall be made no later than the fifth Business Day after the Exchange Date. Seller may elect the Cash Delivery Option in respect of all, but not less than all, Contract Shares and may do so by notice to Purchaser, the Collateral Agent and the Custodian not less than 25 Business Days prior to the Exchange Date. If Seller elects the Cash Delivery Option and so notifies Purchaser, Purchaser shall promptly notify The Depository Trust Company and publish a notice in a daily newspaper of national circulation stating whether the holders of DECS will receive shares of Common Stock, cash or a combination thereof (and specifying whether any such cash settlement is being made in connection with a Rollover Offering) and, if a combination of Common Stock and cash, the relative proportion of each.

Cash Delivery Option. At its option, Seller Counterparty may deliver to -------------------- Purchaser the Trust on the Exchange DateDate (even if the Exchange Date is not extended pursuant to Section 1.3(f)), in lieu of the Contract Shares, an amount in cash equal to, subject to adjustment as provided in Section 6.2, the Exchange Price of the Contract Shares (the "Cash Delivery Option"), paid by wire transfer -------------------- to an account designated by Purchaserthe Trust, in Federal (immediately available same- same-day) funds; provided that in connection with a Rollover Offering which is consummated and as to which Seller Counterparty has duly elected the Cash Delivery Option and has duly made a Rollover Offering Election, such cash payment shall be made no later than the fifth Business Day after the Exchange Date. Seller Counterparty may elect the Cash Delivery Option in respect of all, but not less than all, of the Contract Shares and may do so by notice to Purchaserthe Trust, the Collateral Agent and the Custodian not less than 25 30 Business Days prior to the Exchange Date. If Seller Counterparty elects the Cash Delivery Option and so notifies Purchaserthe Trust, Purchaser the Trust shall promptly notify The Depository Trust Company and publish a notice in a daily newspaper of national circulation stating whether the holders of DECS Equity Trust Securities will receive shares of Common Stock, Stock or cash or a combination thereof (and specifying whether any such cash settlement is being made in connection with a Rollover Offering) and, if a combination of Common Stock and cash, the relative proportion of each).

Cash Delivery Option. At its option, Seller may deliver to -------------------- Purchaser on the Exchange Date, in lieu of the Contract Shares, an amount in cash equal to, subject to adjustment as provided in Section 6.2, the Exchange Price of the Contract Shares (the "Cash Delivery OptionCASH DELIVERY OPTION"), paid by wire transfer -------------------- to an account designated by Purchaser, in Federal (immediately available same- same-day) funds; provided PROVIDED that in connection with a Rollover Offering which is consummated and as to which Seller has duly elected the Cash Delivery Option and has duly made a Rollover Offering Election, such cash payment shall be made no later than the fifth Business Day after the Exchange Date. Seller may elect the Cash Delivery Option in respect of all, but not less than all, of the Contract Shares and may do so by notice to Purchaser, the Collateral Agent and the Custodian not less than 25 30 Business Days prior to the Exchange Date. If Seller elects the Cash Delivery Option and so notifies Purchaser, Purchaser shall promptly notify The Depository Trust Company and publish a notice in a daily newspaper of national circulation stating whether the holders of DECS will receive shares of Common Stock, Stock or cash or a combination thereof (and specifying whether any such cash settlement is being made in connection with a Rollover Offering) and, if a combination of Common Stock and cash, the relative proportion of each).

Cash Delivery Option. At its option, Seller may deliver to -------------------- Purchaser on the Exchange Date, in lieu of some or all of the Contract Shares, an amount in cash equal to, subject to adjustment as provided in Section 6.2, the Exchange Price of the Contract Shares (the "Cash Delivery OptionCASH DELIVERY OPTION"), paid by wire transfer -------------------- to an account designated by Purchaser, in Federal (immediately available same- same-day) funds; provided that in connection with a Rollover Offering which is consummated and as to which Seller has duly elected the Cash Delivery Option and has duly made a Rollover Offering Election, such cash payment shall be made no later than the fifth Business Day after the Exchange Date. Seller may elect the Cash Delivery Option in respect of all, but not less than all, all or a portion of the Contract Shares and may do so by notice to Purchaser, the Collateral Agent and the Custodian not less than 25 Business Days prior to the Exchange Date. If Seller elects the Cash Delivery Option and so notifies Purchaser, Purchaser shall promptly notify The Depository Trust Company and publish a notice in a daily newspaper of national circulation stating whether the holders of DECS will receive shares of Class A Common Stock, cash or a combination thereof (and specifying whether any such cash settlement is being made in connection with a Rollover Offering) and, if a combination of Class A Common Stock and cash, the relative proportion of each.