Common use of Cash Settlement Alternative Clause in Contracts

Cash Settlement Alternative. At its option, Seller may deliver to Purchaser on the Exchange Date, in lieu of the Contract Shares, an amount in cash equal to the Average Market Price of the Contract Shares (the "Cash Settlement Alternative"), paid by wire transfer to an account designated by Custodian, in Federal (immediately available) funds; provided that in connection with a Rollover Offering which is consummated and as to which Seller has duly elected the Cash Settlement Alternative, such cash payment shall be made not later than the fifth Trading Day after the Exchange Date. Seller may request the Cash Settlement Alternative 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 35 days prior to the Exchange Date (specifying whether such cash settlement is being made in connection with a Rollover Offering). If Seller elects the Cash Settlement Alternative and so notifies Purchaser, Purchaser shall provide notice of such election (specifying whether such cash settlement is being made in connection with a Rollover Offering) to the holders of the Securities, not less than thirty (30) nor more than ninety (90) days prior to the Exchange Date.

Cash Settlement Alternative. At its option, Seller may deliver to Purchaser on the Exchange DateDate (whether or not extended pursuant to Section 1.3(e) or accelerated pursuant to Section 1.3(f)), in lieu of the Contract Shares, an amount in cash equal to the Average Market Price of the Contract Shares (the "Cash Settlement Alternative"), paid by wire transfer to an account designated by the Custodian, in Federal (immediately available) funds; provided provided, however, that if Seller elects the Cash Settlement Alternative in connection with a Rollover Offering, as provided below, and such Rollover Offering which is has been consummated and as to which Seller has duly elected on or before the Cash Settlement AlternativeExchange Date, such cash payment shall be made not later than the fifth Trading Day after the Exchange Date. Seller may request elect the Cash Settlement Alternative 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 35 days prior to the Exchange Date as then in effect (specifying whether such cash settlement is being made in connection with a Rollover Offering). If Seller elects the Cash Settlement Alternative and so notifies Purchaser, Purchaser shall provide notice of such election (specifying whether such cash settlement is being made in connection with a Rollover Offering) to the holders of the Securities, not less than thirty (30) nor more than ninety (90) days prior to the Exchange DateDate as then in effect.

Cash Settlement Alternative. At its option, Seller may deliver to Purchaser on the Exchange DateDate (whether or not extended pursuant to Section 2.3(e) or accelerated pursuant to Section 2.3(f)), in lieu of the Contract SharesStock, an amount in cash equal to the Average Market Price of the Contract Shares Stock on the Exchange Date (the "Cash Settlement Alternative"), paid by wire transfer to an account designated by CustodianPurchaser, in Federal (immediately available) funds; provided that if Seller elects the Cash Settlement Alternative in connection with a Rollover Offering, as provided below, and such Rollover Offering which is has been consummated and as to which Seller has duly elected on or before the Cash Settlement AlternativeExchange Date, such cash payment shall be made not later than the fifth Trading Day after the Exchange Date. Seller may request elect the Cash Settlement Alternative in respect of all, but not less than all, Contract Shares Stock and may do so by notice to Purchaser, the Collateral Agent and the Custodian not less than 35 days prior to the Exchange Date as then in effect (specifying whether such cash settlement is being made in connection with a Rollover Offering). If Seller elects the Cash Settlement Alternative and so notifies PurchaserAlternative, Purchaser shall provide notice of such election (specifying whether such cash settlement is being made in connection with a Rollover Offering) to the holders of the Securities, not less than thirty (30) 30 nor more than ninety (90) 90 days prior to the Exchange DateDate as then in effect.

Cash Settlement Alternative. At its option, Seller may deliver to Purchaser on the Exchange DateDate (whether or not extended pursuant to Section 2.3(e) or accelerated pursuant to Section 2.3(f)), in lieu of the Contract Shares, an amount in cash equal to the Average Market Price of the Contract Shares on the Exchange Date (the "Cash Settlement Alternative"), paid by wire transfer to an account designated by CustodianPurchaser, in Federal (immediately available) funds; provided that if Seller elects the Cash Settlement Alternative in connection with a Rollover Offering, as provided below, and such Rollover Offering which is has been consummated and as to which Seller has duly elected on or before the Cash Settlement AlternativeExchange Date, such cash payment shall be made not later than the fifth Trading Day after the Exchange Date. Seller may request elect the Cash Settlement Alternative 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 35 days prior to the Exchange Date as then in effect (specifying whether such cash settlement is being made in connection with a Rollover Offering). Any such notice of cash settlement shall be irrevocable, except that a notice electing cash settlement in connection with a Rollover Offering may be conditioned on consummation of such Rollover Offering. If Seller elects the Cash Settlement Alternative and so notifies PurchaserAlternative, Purchaser shall provide notice of such election (specifying whether such cash settlement is being made in connection with a Rollover Offering) to the holders of the Securities, not less than thirty (30) 30 nor more than ninety (90) 90 days prior to the Exchange DateDate as then in effect.

Cash Settlement Alternative. At its option, Seller may deliver to Purchaser on the Exchange DateDate (whether or not extended pursuant to Section 2.3(e) or accelerated pursuant to Section 2.3(f)), in lieu of the Contract Shares, an amount in cash equal to the Average Market Price of the Contract Shares (the "Cash Settlement Alternative"), paid by wire transfer to an account designated by CustodianPurchaser, in Federal (immediately available) funds; provided that if Seller elects the Cash Settlement Alternative in connection with a Rollover Offering, as provided below, and such Rollover Offering which is has been consummated and as to which Seller has duly elected on or before the Cash Settlement AlternativeExchange Date, such cash payment shall be made not later than the fifth Trading Day after the Exchange Date. Seller may request elect the Cash Settlement Alternative 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 35 days prior to the Exchange Date as then in effect (specifying whether such cash settlement is being made in connection with a Rollover Offering). Any notice of cash settlement in connection with a Rollover Offering may be conditioned upon the consummation of such Rollover Offering. If Seller elects the Cash Settlement Alternative and so notifies PurchaserAlternative, Purchaser shall provide notice of such election (specifying whether such cash settlement is being made in connection with a Rollover Offering) to the holders of the Securities, not less than thirty (30) 30 nor more than ninety (90) 90 days prior to the Exchange DateDate as then in effect.

Cash Settlement Alternative. At its option, Seller may deliver to Purchaser on the Exchange DateDate (whether or not extended pursuant to Section 2.3(e) or accelerated pursuant to Section 2.3(f)), in lieu of the Contract Shares, an amount in cash equal to the Average Market Price of the Contract Shares on the Exchange Date (the "Cash Settlement Alternative"), paid by wire transfer to an account designated by CustodianPurchaser, in Federal (immediately available) funds; provided that if Seller elects the Cash Settlement Alternative in connection with a Rollover Offering, as provided below, and such Rollover Offering which is has been consummated and as to which Seller has duly elected on or before the Cash Settlement AlternativeExchange Date, such cash payment shall be made not later than the fifth Trading Day after the Exchange Date. Seller may request elect the Cash Settlement Alternative 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 35 days prior to the Exchange Date as then in effect (specifying whether such cash settlement is being made in connection with a Rollover Offering). If Seller elects the Cash Settlement Alternative and so notifies PurchaserAlternative, Purchaser shall provide notice of such election (specifying whether such cash settlement is being made in connection with a Rollover Offering) to the holders of the Securities, not less than thirty (30) 30 nor more than ninety (90) 90 days prior to the Exchange DateDate as then in effect.