Common use of Cash Settlement Clause in Contracts

Cash Settlement. (a) Unless the Treasury Portfolio has replaced the Notes as a component of Equity Units as a result of a successful Initial Remarketing of the Pledged Notes or a Tax Event Redemption, a Holder of Equity Units may settle the related Warrant with Cash on the fourth business day immediately preceding the Warrant Settlement Date. Upon receipt by the Collateral Agent of (1) (i) in the case of Equity Units, a notice from the Warrant Agent promptly after the receipt by the Warrant Agent of a notice from a Holder of Equity Units prior to or at 11:00 a.m. (New York City time) on the fourth Business Day immediately preceding the Warrant Settlement Date that such Holder has elected, in accordance with the procedures specified in Section 5.03(a)(i) of the Warrant Agreement to effect a Cash Settlement, or (ii) in the case of Treasury Equity Units, receipt of such notice on the second Business Day immediately preceding the Warrant Settlement Date that such Holder has elected, in accordance with the procedures specified in Section 5.03(f)(i) of the Warrant Agreement to effect a Cash Settlement, and (2) payment by such Holder by deposit in the Collateral Account prior to or at 5:00 p.m. (New York City time) (i) in the case of Equity Units, which may only be settled in integral multiples of 40 Warrants, on the fourth Business Day immediately preceding the Warrant Settlement Date, or (ii) in the case of Treasury Equity Units, on the Business Day immediately preceding the Warrant Settlement Date, of the Purchase Price in lawful money of the United States by wire transfer of immediately available funds payable to or upon the order of the Securities Intermediary, then the Collateral Agent shall:

Cash Settlement. (a) Unless the Treasury Portfolio has replaced the Notes as a component of Equity Units as a result of a successful Initial Remarketing of the Pledged Notes or a Tax Event Redemption, a Holder of Equity Units may settle the related Warrant with Cash on the fourth business day immediately preceding the Warrant Settlement Date. Upon receipt by the Collateral Agent of (1) (i) in the case of Equity Units, a notice from the Warrant Purchase Contract Agent promptly after the receipt by the Warrant Purchase Contract Agent of a notice from that a Holder of Equity Units prior to a Corporate PIES or at 11:00 a.m. (New York City time) on the fourth Business Day immediately preceding the Warrant Settlement Date that such Holder Treasury PIES has elected, in accordance with the procedures specified in Section 5.03(a)(i5.4(a)(i) or (d)(i) of the Warrant Agreement Purchase Contract Agreement, respectively, to effect a Cash Settlement, or (ii) in the case of Treasury Equity Units, receipt of such notice on the second Business Day immediately preceding the Warrant Settlement Date that such Holder has elected, in accordance settle its Purchase Contract with the procedures specified in Section 5.03(f)(i) of the Warrant Agreement to effect a Cash Settlement, cash and (2) payment by such Holder by deposit in the Collateral Account on or prior to or at 5:00 p.m. (11:00 a.m., New York City time) (i) in the case of Equity Units, which may only be settled in integral multiples of 40 Warrants, on the fourth fifth Business Day immediately preceding the Warrant Purchase Contract Settlement Date, or (ii) in the case of Treasury Equity UnitsCorporate PIES, on and the Business Day immediately preceding the Warrant Purchase Contract Settlement Date, in the case of the Treasury PIES, of the Purchase Price in lawful money of the United States by certified or cashier's check or wire transfer of immediately available funds payable to or upon the order of the Securities Intermediary, then the Collateral Agent shall:shall (i) instruct the Securities Intermediary promptly to invest any such Cash in Permitted Investments and (ii) release from the Pledge (1) Pledged Preferred Stock in the case of a Holder of Corporate PIES, or (2) Pledged Treasury Securities in the case of a Holder of Treasury PIES with a liquidation or principal amount equal to the product of (x) the Stated Amount times (y) the number of such Purchase Contracts as to which such Holders have elected to effect a cash settlement pursuant to this Section 5.5(a) and shall instruct the Securities Intermediary to Transfer all such Pledged Preferred Stock or Pledged Treasury Securities, as the case may be, to the Purchase Contract Agent for the benefit of such Holders, in each case free and clear of the Pledge created hereby, for distribution to such Holders in accordance with their respective interests. Upon receipt of the proceeds upon the maturity of the Permitted Investments on the Purchase Contract Settlement Date, the Collateral Agent shall (A instruct the Securities Intermediary to pay the portion of such proceeds and deliver any certified or cashier's checks received, in an aggregate amount equal to the Purchase Price, to the Company on the Purchase Contract Settlement Date, and (B) instruct the Securities Intermediary to release any amounts in respect of the interest earned from such Permitted Investments to the Purchase Contract Agent for distribution to the relevant Holders in accordance with their respective interests.

Cash Settlement. (a) Unless the Treasury Portfolio has replaced the Notes as a component of Equity Units as a result of a successful Initial Remarketing of the Pledged Notes or a Tax Event Redemption, a Holder of Equity Units may settle the related Warrant with Cash on the fourth business day immediately preceding the Warrant Settlement Date. Upon receipt by the Collateral Agent of (1) (i) in the case of Equity Units, a notice from the Warrant Purchase Contract Agent promptly after the receipt by the Warrant Purchase Contract Agent of a notice from that a Holder of Equity Units prior to a Corporate Unit or at 11:00 a.m. (New York City time) on the fourth Business Day immediately preceding the Warrant Settlement Date that such Holder Treasury Unit has elected, in accordance with the procedures specified in Section 5.03(a)(i5.4(a)(i) or (d)(i) of the Warrant Agreement Purchase Contract Agreement, respectively, to effect a Cash Settlement, or (ii) in the case of Treasury Equity Units, receipt of such notice on the second Business Day immediately preceding the Warrant Settlement Date that such Holder has elected, in accordance settle its Purchase Contract with the procedures specified in Section 5.03(f)(i) of the Warrant Agreement to effect a Cash Settlement, cash and (2) payment by such Holder by deposit in the Collateral Account on or prior to or at 5:00 p.m. (11:00 a.m., New York City time, (A) (i) in the case of Equity Units, which may only be settled in integral multiples of 40 Warrants, on the fourth fifth Business Day immediately preceding the Warrant Purchase Contract Settlement Date, or (ii) Date in the case of Treasury Equity Units, a Corporate Unit or (B) on the Business Day immediately preceding the Warrant Purchase Contract Settlement DateDate in the case of a Treasury Unit, of the Purchase Price in lawful money of the United States by certified or cashier's check or wire transfer of immediately available funds payable to or upon the order of the Securities Intermediary, then the Collateral Agent shall:shall (i) instruct the Securities Intermediary promptly to invest any such Cash in Permitted Investments of the type described in clause (vi) of the definition thereof unless it has received other instructions from the Company by 10:30 a.m., New York time, on such date and (ii) release from the Pledge (1) Pledged Debentures in the case of a Holder of Corporate Units or (2) Pledged Treasury Securities in the case of a Holder of Treasury Units, in each case with a principal amount at maturity equal to the product of (x) the Stated Amount times (y) the number of such Purchase Contracts as to which such Holders have elected to effect a Cash Settlement pursuant to this Section 5.5(a) and shall instruct the Securities Intermediary to Transfer all such Pledged Debentures or Pledged Treasury Securities, as the case may be, to the Purchase Contract Agent for the benefit of such Holders, in each case free and clear of the Pledge, for distribution to such Holders in accordance with their respective interests. Upon receipt of the proceeds upon the maturity of the Permitted Investments on the Purchase Contract Settlement Date, the Collateral Agent shall (A) instruct the Securities Intermediary to pay the portion of such proceeds and deliver any certified or cashier's checks received, in an aggregate amount equal to the Purchase Price, to the Company on the Purchase Contract Settlement Date, and (B) instruct the Securities Intermediary to release any amounts in respect of the interest earned from such Permitted Investments to the Purchase Contract Agent for distribution to the relevant Holders in accordance with their respective interests.

Cash Settlement. (a) Unless a Holder has effected an Early Settlement or a Merger Early Settlement or a Successful Remarketing has occurred, in the Treasury Portfolio case of Corporate Units, and unless a Termination Event has replaced occurred prior to dates required for notice to elect the Notes as a component of Equity Units as a result Cash Settlement right specified in the Purchase Contract Agreement and the Collateral Agent has received written notice from the Company, the Purchase Contract Agent or, in the case of a successful Initial Remarketing Termination Event, from the holders of at least 10% of the Pledged Notes outstanding Units of such Early Settlement, Merger Early Settlement, Successful Remarketing or a Tax Event RedemptionTermination Event, a Holder of Equity Units as the case may settle the related Warrant with Cash on the fourth business day immediately preceding the Warrant Settlement Date. Upon be, upon receipt by the Collateral Agent of (1) (i) in the case of Equity Units, a notice from the Warrant Purchase Contract Agent (including a copy of such notice received from the Holder substantially in the form of Exhibit F to the Purchase Contract Agreement) promptly after the receipt by the Warrant Purchase Contract Agent of a notice from a Holder of Equity a Corporate Units prior to or at 11:00 a.m. (New York City time) on the fourth Business Day immediately preceding the Warrant Settlement Date a Treasury Units that such Holder it has elected, in accordance with the procedures specified in Section 5.03(a)(i5.8(a)(i) or (b)(i) of the Warrant Agreement Purchase Contract Agreement, respectively, to effect a Cash Settlement, or (ii) in the case of Treasury Equity Units, receipt of such notice on the second Business Day immediately preceding the Warrant Settlement Date that such Holder has elected, in accordance with the procedures specified in Section 5.03(f)(i) of the Warrant Agreement to effect a Cash Settlement, and (2) payment by such Holder by deposit in the Collateral Account on or prior to or at 5:00 p.m. 11:00 am. (New York City time) (i) in the case of Equity Units, which may only be settled in integral multiples of 40 Warrants), on the fourth fifth Business Day immediately preceding the Warrant Purchase Contract Settlement Date, or (ii) Date in the case of Treasury Equity Corporate Units, on and the Business Day immediately preceding the Warrant Purchase Contract Settlement DateDate in the case of the Treasury Units, of the Purchase Price in lawful money of the United States by certified or cashiers' check or wire transfer transfer, in each case of immediately available funds fiends payable to or upon the order of the Securities Intermediary, then the Collateral Agent shallshall upon receipt of written directions from the Company:

Cash Settlement. (a) Unless the Treasury Portfolio has replaced the Notes as a component of Equity Units as a result of a successful Initial Remarketing of the Pledged Notes or a Tax Event Redemption, a Holder of Equity Units may settle the related Warrant with Cash on the fourth business day immediately preceding the Warrant Settlement Date. Upon receipt by the Collateral Agent of (1) (i) in the case of Equity Units, a notice from the Warrant Purchase Contract Agent promptly after the receipt by the Warrant Purchase Contract Agent of a notice from that a Holder of Equity Units prior to a Corporate PIES or at 11:00 a.m. (New York City time) on the fourth Business Day immediately preceding the Warrant Settlement Date that such Holder Treasury PIES has elected, in accordance with the procedures specified in Section 5.03(a)(i5.4(a)(i) or (d)(i) of the Warrant Agreement Purchase Contract Agreement, respectively, to effect a Cash Settlement, or (ii) in the case of Treasury Equity Units, receipt of such notice on the second Business Day immediately preceding the Warrant Settlement Date that such Holder has elected, in accordance settle its Purchase Contract with the procedures specified in Section 5.03(f)(i) of the Warrant Agreement to effect a Cash Settlement, cash and (2) payment by such Holder by deposit in the Collateral Account on or prior to or at 5:00 p.m. (11:00 a.m., New York City time) (i) in the case of Equity Units, which may only be settled in integral multiples of 40 Warrants, on the fourth fifth Business Day immediately preceding the Warrant Purchase Contract Settlement Date, or (ii) in the case of Treasury Equity Units, on the Business Day immediately preceding the Warrant Settlement Date, Date of the Purchase Price in lawful money of the United States by certified or cashier's check or wire transfer of immediately available funds payable to or upon the order of the Securities Intermediary, then the Collateral Agent shall:shall (i) instruct the Securities Intermediary promptly to invest any such Cash in Permitted Investments and (ii) release from the Pledge (1) Pledged Preferred Securities or the appropriate Applicable Ownership Interest (as specified in clause (A) of the definition of such term) of the Treasury Portfolio or Pledged Debentures in the case of a Holder of Corporate PIES, or (2) Pledged Treasury Securities in the case of a Holder of Treasury PIES with a liquidation or principal amount equal to the product of (x) the Stated Amount times (y) the number of such Purchase Contracts as to which such Holders have elected to effect a cash settlement pursuant to this Section 5.5(a) and shall instruct the Securities Intermediary to Transfer all such Pledged Preferred Securities, the Applicable Ownership Interest (as specified in clause (A) of the definition of such term) of the Treasury Portfolio, Pledged Debentures or Pledged Treasury Securities, as the case may be, to the Purchase Contract Agent for the benefit of such Holders, in each case free and clear of the Pledge created hereby, for distribution to such Holders in accordance with their respective interests. Upon receipt of the proceeds upon the maturity of the Permitted Investments on the Purchase Contract Settlement Date, the Collateral Agent shall (A) instruct the Securities Intermediary to pay the portion of such proceeds and deliver any certified or cashier's checks received, in an aggregate amount equal to the Purchase Price, to the Company on the Purchase Contract Settlement Date, and (B) instruct the Securities Intermediary to release any amounts in respect of the interest earned from such Permitted Investments to the Purchase Contract Agent for distribution to the relevant Holders in accordance with their respective interests.

Cash Settlement. (a) Unless a Holder has effected an Early Settlement or a Merger Early Settlement or a Successful Remarketing has occurred, in the Treasury Portfolio case of Corporate PIES, and unless a Termination Event has replaced occurred prior to dates required for notice to elect the Notes as a component of Equity Units as a result Cash Settlement right specified in the Purchase Contract Agreement and the Collateral Agent has received written notice from the Company, the Purchase Contract Agent or, in the case of a successful Initial Remarketing Termination Event, from the holders of at least 10% of the Pledged Notes outstanding PIES of such Early Settlement, Merger Early Settlement, Successful Remarketing or a Tax Event RedemptionTermination Event, a Holder of Equity Units as the case may settle the related Warrant with Cash on the fourth business day immediately preceding the Warrant Settlement Date. Upon be, upon receipt by the Collateral Agent of (1) (i) in the case of Equity Units, a notice from the Warrant Purchase Contract Agent (including a copy of such notice received from the Holder substantially in the form of Exhibit F to the Purchase Contract Agreement) promptly after the receipt by the Warrant Purchase Contract Agent of a notice from a Holder of Equity Units prior to a Corporate PIES or at 11:00 a.m. (New York City time) on the fourth Business Day immediately preceding the Warrant Settlement Date a Treasury PIES that such Holder it has elected, in accordance with the procedures specified in Section 5.03(a)(i5.8(a)(i) or (b)(i) of the Warrant Agreement Purchase Contract Agreement, respectively, to effect a Cash Settlement, or (ii) in the case of Treasury Equity Units, receipt of such notice on the second Business Day immediately preceding the Warrant Settlement Date that such Holder has elected, in accordance with the procedures specified in Section 5.03(f)(i) of the Warrant Agreement to effect a Cash Settlement, and (2) payment by such Holder by deposit in the Collateral Account on or prior to or at 5:00 p.m. 11:00 a.m. (New York City time) (i) in the case of Equity Units, which may only be settled in integral multiples of 40 Warrants), on the fourth fifth Business Day immediately preceding the Warrant Purchase Contract Settlement Date, or (ii) Date in the case of Treasury Equity UnitsCorporate PIES, on and the Business Day immediately preceding the Warrant Purchase Contract Settlement DateDate in the case of the Treasury PIES, of the Purchase Price in lawful money of the United States by certified or cashiers' check or wire transfer transfer, in each case of immediately available funds payable to or upon the order of the Securities Intermediary, then the Collateral Agent shallshall upon receipt of written directions from the Company:

Cash Settlement. (a) Unless the Treasury Portfolio has replaced the Notes as a component of Equity Units as a result of a successful Initial Remarketing of the Pledged Notes or a Tax Event Redemption, a Holder of Equity Units may settle the related Warrant with Cash on the fourth business day immediately preceding the Warrant Settlement Date. Upon receipt by the Collateral Agent of (1) (i) in the case of Equity Units, a notice from the Warrant Purchase Contract Agent promptly after the receipt by the Warrant Purchase Contract Agent of a notice from that a Holder of Equity Units prior to a Corporate PIES or at 11:00 a.m. (New York City time) on the fourth Business Day immediately preceding the Warrant Settlement Date that such Holder Treasury PIES has elected, in accordance with the procedures specified in Section 5.03(a)(i5.4(a)(i) or (d)(i) of the Warrant Agreement Purchase Contract Agreement, respectively, to effect a Cash Settlement, or (ii) in the case of Treasury Equity Units, receipt of such notice on the second Business Day immediately preceding the Warrant Settlement Date that such Holder has elected, in accordance settle its Purchase Contract with the procedures specified in Section 5.03(f)(i) of the Warrant Agreement to effect a Cash Settlement, cash and (2) payment by such Holder by deposit in the Collateral Account on or prior to or at 5:00 p.m. (11:00 a.m., New York City time) (i) in the case of Equity Units, which may only be settled in integral multiples of 40 Warrants, on the fourth fifth Business Day immediately preceding the Warrant Purchase Contract Settlement Date, or (ii) in the case of Treasury Equity UnitsCorporate PIES, on and the Business Day immediately preceding the Warrant Purchase Contract Settlement Date, in the case of the Treasury PIES, of the Purchase Price in lawful money of the United States by certified or cashier's check or wire transfer of immediately available funds payable to or upon the order of the Securities Intermediary, then the Collateral Agent shall:shall (i) instruct the Securities Intermediary promptly to invest any such Cash in Permitted Investments and (ii) release from the Pledge (1) Pledged Shares in the case of a Holder of Corporate PIES, or (2) Pledged Treasury Securities in the case of a Holder of Treasury PIES with a liquidation or principal amount equal to the product of (x) the Stated Amount times (y) the number of such Purchase Contracts as to which such Holders have elected to effect a cash settlement pursuant to this Section 5.5(a) and shall instruct the Securities Intermediary to Transfer all such Pledged Shares or Pledged Treasury Securities, as the case may be, to the Purchase Contract Agent for the benefit of such Holders, in each case free and clear of the Pledge created hereby, for distribution to such Holders in accordance with their respective interests. Upon receipt of the proceeds upon the maturity of the Permitted Investments on the Purchase Contract Settlement Date, the Collateral Agent shall (A instruct the Securities Intermediary to pay the portion of such proceeds and deliver any certified or cashier's checks received, in an aggregate amount equal to the Purchase Price, to the Company on the Purchase Contract Settlement Date, and (B) instruct the Securities Intermediary to release any amounts in respect of the interest earned from such Permitted Investments to the Purchase Contract Agent for distribution to the relevant Holders in accordance with their respective interests.

Cash Settlement. (a) Unless the Treasury Portfolio has replaced the Notes as a component of Equity Units as a result of a successful Initial Remarketing of the Pledged Notes or a Tax Event Redemption, a Holder of Equity Units may settle the related Warrant with Cash on the fourth business day immediately preceding the Warrant Settlement Date. Upon receipt by the Collateral Agent of (1) (i) in the case of Equity Units, a notice from the Warrant Purchase Contract Agent promptly after the receipt by the Warrant Purchase Contract Agent of a notice from that a Holder of Equity Units prior to a Corporate PIES or at 11:00 a.m. (New York City time) on the fourth Business Day immediately preceding the Warrant Settlement Date that such Holder Treasury PIES has elected, in accordance with the procedures specified in Section 5.03(a)(i5.4(a)(i) or (d)(i) of the Warrant Agreement Purchase Contract Agreement, respectively, to effect a Cash Settlement, or (ii) in the case of Treasury Equity Units, receipt of such notice on the second Business Day immediately preceding the Warrant Settlement Date that such Holder has elected, in accordance settle its Purchase Contract with the procedures specified in Section 5.03(f)(i) of the Warrant Agreement to effect a Cash Settlement, cash and (2) payment by such Holder by deposit in the Collateral Account on or prior to or at 5:00 p.m. (11:00 a.m., New York City time) (i) in the case of Equity Units, which may only be settled in integral multiples of 40 Warrants, on the fourth fifth Business Day immediately preceding the Warrant Purchase Contract Settlement Date, or (ii) in the case Date of Treasury Equity Units, on the Business Day immediately preceding the Warrant Settlement Date, of the Purchase Price in lawful money of the United States by certified or cashier's check or wire transfer of immediately available funds payable to or upon the order of the Securities Intermediary, then the Collateral Agent shall:shall (i) instruct the Securities Intermediary promptly to invest any such Cash in Permitted Investments and (ii) release from the Pledge, (1) Pledged Preferred Securities or the appropriate Applicable Ownership Interest (as specified in clause (A) of the definition of such term) of the Treasury Portfolio or Pledged Debentures in the case of a Holder of Corporate PIES or (2) Pledged Treasury Securities in the case of a Holder of Treasury PIES, as the case may be, with a liquidation or principal amount equal to the product of (x) the Stated Amount times (y) the number of such Purchase Contracts as to which such Holders have elected to effect a cash settlement pursuant to this Section 5.5(a) and shall instruct the Securities Intermediary to Transfer all such Pledged Preferred Securities or the appropriate Applicable Ownership Interest (as specified in clause (A) of the definition of such term) of the Treasury Portfolio or Pledged Debentures or Pledged Treasury Securities, as the case may be, to the Purchase Contract Agent for the benefit of such Holders, in each case free and clear of the Pledge created hereby, for distribution to such Holders in accordance with their respective interests. Upon receipt of the proceeds upon the maturity of the Permitted Investments on the Purchase Contract Settlement Date, the Collateral Agent shall (A) instruct the Securities Intermediary to pay the portion of such proceeds and deliver any certified or cashier's checks received, in an aggregate amount equal to the Purchase Price, to the Company on the Purchase Contract Settlement Date, and (B) instruct the Securities Intermediary to release any amounts in respect of the interest earned from such Permitted Investments to the Purchase Contract Agent for distribution to the relevant Holders in accordance with their respective interests.

Cash Settlement. (a) Unless the Treasury Portfolio has replaced the Notes as a component of Equity Units as a result of a successful Initial Remarketing of the Pledged Notes or a Tax Event Redemption, a Holder of Equity Units may settle the related Warrant with Cash on the fourth business day immediately preceding the Warrant Settlement Date. Upon receipt by the Collateral Agent of (1) (i) in the case of Equity Units, a notice from the Warrant Purchase Contract Agent promptly after the receipt by the Warrant Purchase Contract Agent of a notice from that a Holder of Equity Units prior to a Corporate Unit or at 11:00 a.m. (New York City time) on the fourth Business Day immediately preceding the Warrant Settlement Date that such Holder Treasury Unit has elected, in accordance with the procedures specified in Section 5.03(a)(i5.4(a)(i) or (d)(i) of the Warrant Agreement Purchase Contract Agreement, respectively, to effect a Cash Settlement, or (ii) in the case of Treasury Equity Units, receipt of such notice on the second Business Day immediately preceding the Warrant Settlement Date that such Holder has elected, in accordance settle its Purchase Contract with the procedures specified in Section 5.03(f)(i) of the Warrant Agreement to effect a Cash Settlement, cash and (2) payment by such Holder by deposit in the Collateral Account on or prior to or at 5:00 p.m. (11:00 a.m., New York City time) (i) in the case of Equity Units, which may only be settled in integral multiples of 40 Warrants, on the fourth fifth Business Day immediately preceding the Warrant Purchase Contract Settlement Date, or (ii) in the case of Treasury Equity Units, on the Business Day immediately preceding the Warrant Settlement Date, Date of the Purchase Price in lawful money of the United States by certified or cashier's check or wire transfer of immediately available funds payable to or upon the order of the Securities Intermediary, then the Collateral Agent shall:shall (i) instruct the Securities Intermediary promptly to invest any such Cash in Permitted Investments and (ii) release from the Pledge (1) Pledged Debentures in the case of a Holder of Corporate Units, or (2) Pledged Treasury Securities in the case of a Holder of Treasury Units, in each case with a principal amount at maturity equal to the product of (x) the Stated Amount times (y) the number of such Purchase Contracts as to which such Holders have elected to effect a cash settlement pursuant to this Section 5.5(a) and shall instruct the Securities Intermediary to Transfer all such Pledged Debentures or Pledged Treasury Securities, as the case may be, to the Purchase Contract Agent for the benefit of such Holders, in each case free and clear of the Pledge, for distribution to such Holders in accordance with their respective interests. Upon receipt of the proceeds upon the maturity of the Permitted Investments on the Purchase Contract Settlement Date, the Collateral Agent shall (A) instruct the Securities Intermediary to pay the portion of such proceeds and deliver any certified or cashier's checks received, in an aggregate amount equal to the Purchase Price, to the Company on the Purchase Contract Settlement Date, and (B) instruct the Securities Intermediary to release any amounts in respect of the interest earned from such Permitted Investments to the Purchase Contract Agent for distribution to the relevant Holders in accordance with their respective interests.

Cash Settlement. (a) Unless the Treasury Portfolio has replaced the Notes as a component of Equity Units as a result of a successful Initial Remarketing of the Pledged Notes or a Tax Event Redemption, a Holder of Equity Units may settle the related Warrant with Cash on the fourth business day immediately preceding the Warrant Settlement Date. Upon receipt by the Collateral Agent of (1) (i) in the case of Equity Units, a notice from the Warrant Purchase Contract Agent promptly after the receipt by the Warrant Purchase Contract Agent of a notice from that a Holder of Equity Units prior to a Corporate Unit or at 11:00 a.m. (New York City time) on the fourth Business Day immediately preceding the Warrant Settlement Date that such Holder Treasury Unit has elected, in accordance with the procedures specified in Section 5.03(a)(i5.4(a)(i) or (d)(i) of the Warrant Agreement Purchase Contract Agreement, respectively, to effect a Cash Settlement, or (ii) in the case of Treasury Equity Units, receipt of such notice on the second Business Day immediately preceding the Warrant Settlement Date that such Holder has elected, in accordance settle its Purchase Contract with the procedures specified in Section 5.03(f)(i) of the Warrant Agreement to effect a Cash Settlement, cash and (2) payment by such Holder by deposit in the Collateral Account on or prior to or at 5:00 p.m. (11:00 a.m., New York City time) (i) in the case of Equity Units, which may only be settled in integral multiples of 40 Warrants, on the fourth fifth Business Day immediately preceding the Warrant Purchase Contract Settlement Date, or (ii) in the case of Treasury Equity Units, on the Business Day immediately preceding the Warrant Settlement Date, Date of the Purchase Price in lawful money of the United States by certified or cashier s check or wire transfer of immediately available funds payable to or upon the order of the Securities Intermediary, then the Collateral Agent shall:shall (i) instruct the Securities Intermediary promptly to invest any such Cash in Permitted Investments and (ii) release from the Pledge (1) Pledged Debentures in the case of a Holder of Corporate Units, or (2) Pledged Treasury Securities in the case of a Holder of Treasury Units, in each case with a principal amount at maturity equal to the product of (x) the Stated Amount times (y) the number of such Purchase Contracts as to which such Holders have elected to effect a cash settlement pursuant to this Section 5.5(a) and shall instruct the Securities Intermediary to Transfer all such Pledged Debentures or Pledged Treasury Securities, as the case may be, to the Purchase Contract Agent for the benefit of such Holders, in each case free and clear of the Pledge, for distribution to such Holders in accordance with their respective interests. Upon receipt of the proceeds upon the maturity of the Permitted Investments on the Purchase Contract Settlement Date, the Collateral Agent shall (A) instruct the Securities Intermediary to pay the portion of such proceeds and deliver any certified or cashier s checks received, in an aggregate amount equal to the Purchase Price, to the Company on the Purchase Contract Settlement Date, and (B) instruct the Securities Intermediary to release any amounts in respect of the interest earned from such Permitted Investments to the Purchase Contract Agent for distribution to the relevant Holders in accordance with their respective interests.

Cash Settlement. (a) Unless the Treasury Portfolio has replaced the Notes as a component of Equity Units as a result of a successful Initial Remarketing of the Pledged Notes or a Tax Event Redemption, a Holder of Equity Units may settle the related Warrant with Cash on the fourth business day immediately preceding the Warrant Settlement Date. Upon receipt by the Collateral Agent of (1) (i) in the case of Equity PEPS Units, a notice from the Warrant Purchase Contract Agent promptly after the receipt by the Warrant Purchase Contract Agent of a notice from a Holder of Equity PEPS Units prior to or at 11:00 a.m. (New York City time) on the fourth fifth Business Day immediately preceding the Warrant Purchase Contract Settlement Date that such Holder has elected, in accordance with the procedures specified in Section 5.03(a)(i) of the Warrant Purchase Contract Agreement to effect a Cash Settlement, or (ii) in the case of Treasury Equity PEPS Units, receipt of such notice on the second Business Day immediately preceding the Warrant Purchase Contract Settlement Date that such Holder has elected, in accordance with the procedures specified in Section 5.03(f)(i) of the Warrant Purchase Contract Agreement to effect a Cash Settlement, and (2) payment by such Holder by deposit in the Collateral Account prior to or at 5:00 p.m. 11:00 a.m. (New York City time) (i) in the case of Equity PEPS Units, which may only be settled in integral multiples of 40 Warrants, on the fourth Business Day immediately preceding the Warrant Purchase Contract Settlement Date, or (ii) in the case of Treasury Equity PEPS Units, on the Business Day immediately preceding the Warrant Purchase Contract Settlement Date, of the Purchase Price in lawful money of the United States by wire transfer of immediately available funds payable to or upon the order of the Securities Intermediary, then the Collateral Agent shall: