Common use of Deferral of Contract Payments Clause in Contracts

Deferral of Contract Payments. (a) The Company shall have the right, at any time prior to February 15, 2010, to defer the payment of any or all of the Contract Payments otherwise payable on any Payment Date, but only if the Company shall give the Holders and the Stock Purchase Contract Agent written notice of its election to defer each such deferred Contract Payment (specifying the amount to be deferred) at least ten Business Days prior to the earlier of (i) the next succeeding Payment Date or (ii) the date the Company is required to give notice of the Record Date or Payment Date with respect to payment of such Contract Payments to the NYSE or other applicable self-regulatory organization or to Holders of the Common Equity Units, but in any event not less than one Business Day prior to such Record Date. Any Contract Payments so deferred shall, to the extent permitted by law, accrue interest thereon at the rate of 6.375% per year (computed on the basis of a 360-day year of twelve 30-day months), compounding on each succeeding Payment Date, until paid in full (such deferred installments of Contract Payments, if any, together with the additional Contract Payments, if any, accrued thereon, being referred to herein as the "Deferred Contract Payments"). Deferred Contract Payments, if any, shall be due on the next succeeding Payment Date except to the extent that payment is deferred pursuant to this Section 5.11. No Contract Payments may be deferred to a date that is after February 15, 2010 and no such deferral period may end other than on a Payment Date. If the Stock Purchase Contracts are terminated upon the occurrence of a Termination Event, the Holder's right to receive Contract Payments, if any, and any Deferred Contract Payments, will terminate.

Deferral of Contract Payments. (a) The Company shall have the rightright (which will be exercised if so directed by the Federal Reserve), at any time prior to February 15, 2010the Stock Purchase Date, to defer the payment of any or all of the Contract Payments otherwise payable on any Payment Date, but only if the Company shall give the Holders and Property Trustee (with a copy to the Stock Purchase Contract Agent Paying Agent) written notice of its election with respect to defer each such deferred deferral of a Contract Payment (specifying the amount to be deferred) at least ten five Business Days prior to the earlier of (i) the next succeeding Payment Date or (ii) the date the Company is Property Trustee and the Administrative Trustees are required to give notice of the Record Date any record date or Payment Date with respect to payment any series of such Contract Payments PPS to the NYSE New York Stock Exchange, any other national securities exchange, automated interdealer quotation system or other applicable self-self regulatory organization or to Holders of the Common Equity UnitsHolders, but in any event not less than one five Business Day Days prior to such Record Daterecord date. Any Contract Payments so deferred shall, to the extent permitted by law, accrue interest thereon at the rate of 6.375% per year originally applicable to the Notes (computed calculated on the same basis of a 360-day year of twelve 30-day monthsas originally applicable to the Notes), compounding on each succeeding Payment Date, until paid in full (such deferred installments of Contract Payments, if any, together with the additional Contract Payments, if any, accrued thereon, being referred to herein as the "“Deferred Contract Payments"”). Deferred Contract Payments, if any, shall be due on the next succeeding Payment Date except to the extent that payment is deferred pursuant to this Section 5.112.7, except as provided under Section 1.9. No Contract Payments may be deferred to a date that is after February 15, 2010 the Stock Purchase Date and no such deferral period may end other than on a Payment Date, except as provided under Section 1.9. If the Stock Purchase Contracts are terminated upon the occurrence of a Termination Event, the Holder's Issuer Trust’s right to receive any Contract Payments, if any, Payments and any Deferred Contract Payments, Payments will terminate.

Deferral of Contract Payments. (a) The Company shall have the right, at any time prior to February 15, 2010the Third Stock Purchase Date, to defer the payment of any or all of the Contract Payments (including any Deferred Contract Payments) otherwise payable on any Payment Date, but only if the Company shall give the Holders and the Stock Purchase Contract Agent written notice of its election to defer each such deferred Contract Payment (specifying the amount to be deferred) at least ten (10) Business Days prior to the earlier of (i) the next succeeding Payment Date or (ii) the date the Company is required to give notice of the Record Date or Payment Date with respect to payment of such Contract Payments to the NYSE or other applicable self-regulatory organization or to Holders of the Common Equity Units, but in any event not less than one (1) Business Day prior to such Record Date. Any Contract Payments so deferred shall, to the extent permitted by law, accrue interest thereon at an annual rate equal to the rate of 6.375% per year applicable Contract Payment Deferral Rate (computed on the basis of a 360-day year consisting of twelve 30-day months), compounding on each succeeding Payment Date, until paid in full (such deferred installments of Contract Payments, if any, together with the additional Contract Payments, if any, accrued thereon, being referred to herein as the "“Deferred Contract Payments"”). Deferred Contract Payments, if any, shall be due on the next succeeding Payment Date Date, except to the extent that payment thereof is deferred pursuant to this Section 5.115.12. No Contract Payments may be deferred to a date that is after February 15the Third Stock Purchase Date, 2010 and no such deferral period may end other than on a Payment Date or a Stock Purchase Date. If the Stock Purchase Contracts are terminated upon the occurrence of a Termination Event, the Holder's ’s right to receive Contract Payments, if any, and any Deferred Contract PaymentsPayments on or after such Termination Event, will terminate.

Deferral of Contract Payments. (a) The Company shall have the rightright (which will be exercised if so directed by the Federal Reserve), at any time prior to February 15, 2010the Stock Purchase Date, to defer the payment of any or all of the Contract Payments otherwise payable on any Payment Date, but only if the Company shall give the Holders Property Trustee and the Stock Purchase Contract Agent Administrative Trustees (with a copy to the Paying Agent) written notice of its election to defer each such deferred Contract Payment (specifying the amount to be deferred) at least ten Business Days prior to the earlier of (i) the next succeeding Payment Date or (ii) the date the Company is Property Trustee and the Administrative Trustees are required to give notice of the Record Date any record date or Payment Date with respect to payment any class of such Contract Payments PPS to the NYSE New York Stock Exchange, any other national securities exchange, automated interdealer quotation system or other applicable self-self regulatory organization or to Holders of the Common Equity UnitsHolders, but in any event not less than one Business Day prior to such Record Daterecord date. Any Contract Payments so deferred shall, to the extent permitted by law, accrue interest thereon at the rate of 6.375% per year originally applicable to the Notes (computed calculated on the same basis of a 360-day year of twelve 30-day monthsas originally applicable to the Notes), compounding on each succeeding Payment Date, until paid in full (such deferred installments of Contract Payments, if any, together with the additional Contract Payments, if any, accrued thereon, being referred to herein as the "“Deferred Contract Payments"”). Deferred Contract Payments, if any, shall be due on the next succeeding Payment Date except to the extent that payment is deferred pursuant to this Section 5.112.7, except as provided under Section 1.9. No Contract Payments may be deferred to a date that is after February 15, 2010 the Stock Purchase Date and no such deferral period may end other than on a Payment Date, except as provided under Section 1.9. If the Stock Purchase Contracts are terminated upon the occurrence of a Termination Event, the Holder's Issuer Trust’s right to receive any Contract Payments, if any, Payments and any Deferred Contract Payments, Payments will terminate.

Deferral of Contract Payments. (a) The Company shall have the rightright (which will be exercised if so directed by the SEC), at any time prior to February 15, 2010the Stock Purchase Date, to defer the payment of any or all of the Contract Payments otherwise payable on any Payment Date, but only if the Company shall give the Holders and the Stock Purchase Contract Agent written notice of its election to defer each such deferred Contract Payment (specifying the amount to be deferred) at least ten Business Days prior to the earlier of (i) the next succeeding Payment Date or (ii) the date the Company company is required to give notice of the any Record Date or Payment Date with respect to the payment of such Contract Payments to the NYSE New York Stock Exchange, or any other national securities exchange, automated interdealer quotation system or other applicable self-self regulatory organization or to Holders of the Common Equity UnitsMCAPS, but in any event not less than one Business Day prior to such Record Date. Any Contract Payments so deferred shall, to the extent permitted by law, accrue interest thereon at the rate of 6.375% per year originally applicable to the Debentures (computed calculated on the same basis of a 360-day year of twelve 30-day monthsas originally applicable to the Debentures), compounding on each succeeding Payment Date, until paid in full (such deferred installments of Contract Payments, if any, together with the additional Contract Payments, if any, accrued thereon, being referred to herein as the "“Deferred Contract Payments"”). Deferred Contract Payments, if any, shall be due on the next succeeding Payment Date except to the extent that payment is deferred pursuant to this Section 5.116.7. No Contract Payments may be deferred to a date that is after February 15, 2010 the Stock Purchase Date and no such deferral period may end other than on a Payment Date. If the Stock Purchase Contracts are terminated upon the occurrence of a Termination Event, the Holder's ’s right to receive any Contract Payments, if any, Payments and any Deferred Contract Payments, Payments will terminate.

Deferral of Contract Payments. (a) The Company shall have the right, at any time prior to February 15, 2010the Stock Purchase Date, to defer the payment of any or all of the Contract Payments otherwise payable on any Payment Date, but only if the Company shall give the Holders and the Stock Purchase Contract Agent written notice of its election to defer each such deferred Contract Payment (specifying the amount to be deferred) at least ten Business Days prior to the earlier of (i) the next succeeding Payment Date or (ii) the date the Company is required to give notice of the Record Date or Payment Date with respect to payment of such Contract Payments to the NYSE or other applicable self-regulatory organization or to Holders of the Common Equity UnitsSPACES, but in any event not less than one Business Day prior to such Record Date. Any Contract Payments so deferred shall, to the extent permitted by law, accrue interest thereon at the rate of 6.3756.50% per year (computed on the basis of a 360-day year of twelve 30-day months), compounding on each succeeding Payment Date, until paid in full (such deferred installments of Contract Payments, if any, together with the additional Contract Payments, if any, accrued thereon, being referred to herein as the "“Deferred Contract Payments"”). Deferred Contract Payments, if any, shall be due on the next succeeding Payment Date except to the extent that payment is deferred pursuant to this Section 5.115.12. No Contract Payments may be deferred to a date that is after February 15, 2010 the Stock Purchase Date and no such deferral period may end other than on a Payment Date. If the Stock Purchase Contracts are terminated upon the occurrence of a Termination Event, the Holder's ’s right to receive Contract Payments, if any, and any Deferred Contract Payments, will terminate.

Deferral of Contract Payments. (a) The Company shall have the rightright (which will be exercised if so directed by the Federal Reserve), at any time prior to February 15, 2010the Stock Purchase Date, to defer the payment of any or all of the Contract Payments otherwise payable on any Payment Date, but only if the Company shall give the Holders Property Trustee and the Stock Purchase Contract Agent Administrative Trustees (with a copy to the Paying Agent) written notice of its election to defer each such deferred Contract Payment (specifying the amount to be deferred) at least ten Business Days prior to the earlier of (i) the next succeeding Payment Date or (ii) the date the Company is Property Trustee and the Administrative Trustees are required to give notice of the Record Date any record date or Payment Date with respect to payment any class of such Contract Payments ITS to the NYSE New York Stock Exchange or other applicable self-self regulatory organization or to Holders of the Common Equity UnitsHolders, but in any event not less than one Business Day prior to such Record Daterecord date. Any Contract Payments so deferred shall, to the extent permitted by law, accrue interest thereon at the rate of 6.375% per year originally Amended and Restated Stock Purchase Contract Agreement applicable to the Notes (computed calculated on the same basis of a 360-day year of twelve 30-day monthsas originally applicable to the Notes), compounding on each succeeding Payment Date, until paid in full (such deferred installments of Contract Payments, if any, together with the additional Contract Payments, if any, accrued thereon, being referred to herein as the "“Deferred Contract Payments"”). Deferred Contract Payments, if any, shall be due on the next succeeding Payment Date except to the extent that payment is deferred pursuant to this Section 5.112.7, except as provided under Section 1.9. No Contract Payments may be deferred to a date that is after February 15, 2010 the Stock Purchase Date and no such deferral period may end other than on a Payment Date, except as provided under Section 1.9. If the Stock Purchase Contracts are terminated upon the occurrence of a Termination Event, the Holder's Trust’s right to receive Contract Payments, if any, and any Deferred Contract Payments, will terminate.

Deferral of Contract Payments. (a) The Company shall have the rightright (which will be exercised if so directed by the Federal Reserve), at any time prior to February 15, 2010the Stock Purchase Date, to defer the payment of any or all of the Contract Payments otherwise payable on any Payment Date, but only if the Company shall give the Holders Property Trustee and the Stock Purchase Contract Agent Administrative Trustees (with a copy to the Paying Agent) written notice of its election to defer each such deferred Contract Payment (specifying the amount to be deferred) at least ten Business Days prior to the earlier of (i) the next succeeding Payment Date or (ii) the date the Company is Property Trustee and the Administrative Trustees are required to give notice of the Record Date any record date or Payment Date with respect to payment any class of such Contract Payments ITS to the NYSE New York Stock Exchange or other applicable self-self regulatory organization or to Holders of the Common Equity UnitsHolders, but in any event not less than one Business Day prior to such Record Daterecord date. Any Contract Payments so deferred shall, to the extent permitted by law, accrue interest thereon at the rate of 6.375% per year originally applicable to the Notes (computed calculated on the same basis of a 360-day year of twelve 30-day monthsas originally applicable to the Notes), compounding on each succeeding Payment Date, until paid in full (such deferred installments of Contract Payments, if any, together with the additional Contract Payments, if any, accrued thereon, being referred to herein as the "“Deferred Contract Payments"”). Deferred Contract Payments, if any, shall be due on the next succeeding Payment Date except to the extent that payment is deferred pursuant to this Section 5.112.7, except as provided under Section 1.9. No Contract Payments may be deferred to a date that is after February 15, 2010 the Stock Purchase Date and no such deferral period may end other than on a Payment Date, except as provided under Section 1.9. If the Stock Purchase Contracts are terminated upon the occurrence of a Termination Event, the Holder's Trust’s right to receive Contract Payments, if any, and any Deferred Contract Payments, will terminate.

Deferral of Contract Payments. (a) The Company shall have the rightright (which will be exercised if so directed by the Securities Exchange Commission), at any time prior to February 15, 2010the Stock Purchase Date, to defer the payment of any or all of the Contract Payments otherwise payable on any Payment Date, but only if the Company shall give the Holders Property Trustee and the Stock Purchase Contract Agent Administrative Trustees (with a copy to the Paying Agent) written notice of its election to defer each such deferred Contract Payment (specifying the amount to be deferred) at least ten Business Days prior to the earlier of (i) the next succeeding Payment Date or (ii) the date the Company is Property Trustee and the Administrative Trustees are required to give notice of the Record Date any record date or Payment Date with respect to payment any series of such Contract Payments APEX to the NYSE New York Stock Exchange, any other national securities exchange, automated interdealer quotation system or other applicable self-self regulatory organization or to Holders of the Common Equity UnitsHolders, but in any event not less than one Business Day prior to such Record Daterecord date. Any Contract Payments so deferred shall, to the extent permitted by law, accrue interest thereon at the rate of 6.375% per year (computed then in effect on the Notes (calculated on the same basis of a 360-day year of twelve 30-day monthsas originally applicable to the Notes), compounding on each succeeding Payment Date, until paid in full (such deferred installments of Contract Payments, if any, together with the additional Contract Payments, if any, accrued thereon, being referred to herein as the "“Deferred Contract Payments"”). Deferred Contract Payments, if any, shall be due on the next succeeding Payment Date except to the extent that payment is deferred pursuant to this Section 5.112.7, except as provided under Section 1.9. No Contract Payments may be deferred to a date that is after February 15, 2010 the Stock Purchase Date and no such deferral period may end other than on a Payment Date, except as provided under Section 1.9. If the Stock Purchase Contracts are terminated upon the occurrence of a Termination Event, the Holder's Trust’s right to receive any Contract Payments, if any, Payments and any Deferred Contract Payments, Payments will terminate.

Deferral of Contract Payments. (a) The Company shall have the rightright (which will be exercised if so directed by the Federal Reserve), at any time prior to February 15, 2010the Stock Purchase Date, to defer the payment of any or all of the Contract Payments otherwise payable on any Payment Date, but only if the Company shall give the Holders Property Trustee and the Stock Purchase Contract Agent Administrative Trustees (with a copy to the Paying Agent) written notice of its election to defer each such deferred Contract Payment (specifying the amount to be deferred) at least ten Business Days prior to the earlier of (i) the next succeeding Payment Date or (ii) the date the Company is Property Trustee and the Administrative Trustees are required to give notice of the Record Date any record date or Payment Date with respect to payment any class of such Contract Payments ITS to the NYSE New York Stock Exchange or other applicable self-self regulatory organization or to Holders of the Common Equity UnitsHolders, but in any event not less than one Business Day prior to such Record Daterecord date. Any Contract Payments so deferred shall, to the extent permitted by law, accrue interest thereon at the rate of 6.375% per year originally Stock Purchase Contract Agreement applicable to the Notes (computed calculated on the same basis of a 360-day year of twelve 30-day monthsas originally applicable to the Notes), compounding on each succeeding Payment Date, until paid in full (such deferred installments of Contract Payments, if any, together with the additional Contract Payments, if any, accrued thereon, being referred to herein as the "“Deferred Contract Payments"”). Deferred Contract Payments, if any, shall be due on the next succeeding Payment Date except to the extent that payment is deferred pursuant to this Section 5.112.7, except as provided under Section 1.9. No Contract Payments may be deferred to a date that is after February 15, 2010 the Stock Purchase Date and no such deferral period may end other than on a Payment Date, except as provided under Section 1.9. If the Stock Purchase Contracts are terminated upon the occurrence of a Termination Event, the Holder's Trust’s right to receive Contract Payments, if any, and any Deferred Contract Payments, will terminate.

Deferral of Contract Payments. (a) The Company shall have the rightright (which will be exercised if so directed by the Federal Reserve), at any time prior to February 15, 2010the Stock Purchase Date, to defer the payment of any or all of the Contract Payments otherwise payable on any Payment Date, but only if the Company shall give the Holders and Property Trustee (with a copy to the Stock Purchase Contract Agent Paying Agent) written notice of its election to defer each such deferred Contract Payment (specifying the amount to be deferred) at least ten Business Days prior to the earlier of (i) the next succeeding Payment Date or (ii) the date the Company is required to give notice of the Record Date or Payment Date with respect to payment of such Contract Payments to the NYSE or other applicable self-regulatory organization or to Holders of the Common Equity Units, but in any event not less than one Business Day prior to such Record the record date for the next succeeding Payment Date. Any Contract Payments so deferred shall, to the extent permitted by law, accrue interest thereon at the rate of 6.375% per year originally applicable to the Junior Subordinated Debentures (computed calculated on the same basis of a 360-day year of twelve 30-day monthsas originally applicable to the Junior Subordinated Debentures), compounding on each succeeding Payment Date, until paid in full (such deferred installments of Contract Payments, if any, together with the additional Contract Payments, if any, accrued thereon, being referred to herein as the "“Deferred Contract Payments"”). Deferred Contract Payments, if any, shall be due on the next succeeding Payment Date except to the extent that payment is deferred pursuant to this Section 5.112.7, except as provided under Section 1.9. No Contract Payments may be deferred to a date that is after February 15, 2010 the Stock Purchase Date and no such deferral period may end other than on a Payment Date, except as provided under Section 1.9. If the Stock Purchase Contracts are terminated upon the occurrence of a Termination EventEvent or the redemption of all the Junior Subordinated Debentures by the Company prior to the Stock Purchase Date in accordance with the Indenture, the Holder's Issuer Trust’s right to receive any Contract Payments, if any, Payments and any Deferred Contract Payments, Payments will terminate.

Deferral of Contract Payments. (a) The Company shall have the rightright (which will be exercised if so directed by the Federal Reserve), at any time prior to February 15, 2010the Stock Purchase Date, to defer the payment of any or all of the Contract Payments otherwise payable on any Payment Date, but only if the Company shall give the Holders and Property Trustee (with a copy to the Stock Purchase Contract Agent Paying Agent) written notice of its election with respect to defer each such deferred deferral of a Contract Payment (specifying the amount to be deferred) at least ten Business Days prior to the earlier of (i) the next succeeding Payment Date or (ii) the date the Company is Property Trustee and the Administrative Trustees are required to give notice of the Record Date any record date or Payment Date with respect to payment any series of such Contract Payments PPS to the NYSE New York Stock Exchange, any other national securities exchange, automated interdealer quotation system or other applicable self-self regulatory organization or to Holders of the Common Equity UnitsHolders, but in any event not less than one Business Day prior to such Record Daterecord date. Any Contract Payments so deferred shall, to the extent permitted by law, accrue interest thereon at the rate of 6.375% per year originally applicable to the Notes (computed calculated on the same basis of a 360-day year of twelve 30-day monthsas originally applicable to the Notes), compounding on each succeeding Payment Date, until paid in full (such deferred installments of Contract Payments, if any, together with the additional Contract Payments, if any, accrued thereon, being referred to herein as the "“Deferred Contract Payments"”). Deferred Contract Payments, if any, shall be due on the next succeeding Payment Date except to the extent that payment is deferred pursuant to this Section 5.112.7, except as provided under Section 1.9. No Contract Payments may be deferred to a date that is after February 15, 2010 the Stock Purchase Date and no such deferral period may end other than on a Payment Date, except as provided under Section 1.9. If the Stock Purchase Contracts are terminated upon the occurrence of a Termination EventEvent or the redemption of all the Notes by the Company prior to the Stock Purchase Date in accordance with the Indenture, the Holder's Issuer Trust’s right to receive any Contract Payments, if any, Payments and any Deferred Contract Payments, Payments will terminate.

Deferral of Contract Payments. (a) The Company shall have the rightright (which will be exercised if so directed by the Federal Reserve), at any time prior to February 15, 2010the Stock Purchase Date, to defer the payment of any or all of the Contract Payments otherwise payable on any Payment Date, but only if the Company shall give the Holders Property Trustee and the Stock Purchase Contract Agent Regular Trustees (with a copy to the Paying Agent) written notice of its election to defer each such deferred Contract Payment (specifying the amount to be deferred) at least ten Business Days prior to the earlier of (i) the next succeeding Payment Date or (ii) the date the Company is Property Trustee and the Regular Trustees are required to give notice of the Record Date any record date or Payment Date with respect to payment any class of such Contract Payments HITS to the NYSE New York Stock Exchange or other applicable self-self regulatory organization or to Holders of the Common Equity UnitsHolders, but in any event not less than one Business Day prior to such Record Daterecord date. Any Contract Payments so deferred shall, to the extent permitted by law, accrue interest thereon at the a rate of 6.3755.48% per year (computed on the basis of a 360-day year of twelve 30-day months)annum, compounding on each succeeding Payment Date, until paid in full (such deferred installments of Contract Payments, if any, together with the additional Contract Paymentsinterest, if any, accrued thereon, being referred to herein as the "“Deferred Contract Payments"”). Deferred Contract Payments, if any, shall be due on the next succeeding Payment Date except to the extent that payment is deferred pursuant to this Section 5.112.7, except as provided under Section 1.9. No Contract Payments may be deferred to a date that is after February 15, 2010 the Stock Purchase Date and no such deferral period may end other than on a Payment Date, except as provided under Section 1.9. If the Stock Purchase Contracts are terminated upon the occurrence of a Termination Event, the Holder's Trust’s right to receive Contract Payments, if any, and any Deferred Contract Payments, will terminate.

Deferral of Contract Payments. (a) The Company shall have the rightright (which will be exercised if so directed by the Federal Reserve), at any time prior to February 15, 2010the Stock Purchase Date, to defer the payment of any or all of the Contract Payments otherwise payable on any Payment Date, but only if the Company shall give the Holders Property Trustee and the Stock Purchase Contract Agent Regular Trustees (with a copy to the Paying Agent) written notice of its election to defer each such deferred Contract Payment (specifying the amount to be deferred) at least ten Business Days prior to the earlier of (i) the next succeeding Payment Date or (ii) the date the Company is Property Trustee and the Regular Trustees are required to give notice of the Record Date any record date or Payment Date with respect to payment any class of such Contract Payments HITS to the NYSE New York Stock Exchange or other applicable self-self regulatory organization or to Holders of the Common Equity UnitsHolders, but in any event not less than one Business Day prior to such Record Daterecord date. Any Contract Payments so deferred shall, to the extent permitted by law, accrue interest thereon at the a floating rate of 6.375% per year (computed on the basis of a 360annum equal to Three-day year of twelve 30-day months)Month LIBOR plus 0.25%, compounding on each succeeding Payment Date, until paid in full (such deferred installments of Contract Payments, if any, together with the additional Contract Paymentsinterest, if any, accrued thereon, being referred to herein as the "“Deferred Contract Payments"”). Deferred Contract Payments, if any, shall be due on the next succeeding Payment Date except to the extent that payment is deferred pursuant to this Section 5.112.7, except as provided under Section 1.9. No Contract Payments may be deferred to a date that is after February 15, 2010 the Stock Purchase Date and no such deferral period may end other than on a Payment Date, except as provided under Section 1.9. If the Stock Purchase Contracts are terminated upon the occurrence of a Termination Event, the Holder's Trust’s right to receive Contract Payments, if any, and any Deferred Contract Payments, will terminate.

Deferral of Contract Payments. (a) The Company shall have the rightright (which will be exercised if so directed by the Federal Reserve), at any time prior to February 15, 2010the Stock Purchase Date, to defer the payment of any or all of the Contract Payments otherwise payable on any Payment Date, but only if the Company shall give the Holders Property Trustee and the Stock Purchase Contract Agent Regular Trustees (with a copy to the Paying Agent) written notice of its election to defer each such deferred Contract Payment (specifying the amount to be deferred) at least ten Business Days prior to the earlier of (i) the next succeeding Payment Date or (ii) the date the Company is Property Trustee and the Regular Trustees are required to give notice of the Record Date any record date or Payment Date with respect to payment any class of such Contract Payments HITS to the NYSE New York Stock Exchange or other applicable self-self regulatory organization or to Holders of the Common Equity UnitsHolders, but in any event not less than one Business Day prior to such Record Daterecord date. Any Contract Payments so deferred shall, to the extent permitted by law, accrue interest thereon at the a rate of 6.375% per year (computed on the basis of a 360-day year of twelve 30-day months)annum, compounding on each succeeding Payment Date, until paid in full (such deferred installments of Contract Payments, if any, together with the additional Contract Paymentsinterest, if any, accrued thereon, being referred to herein as the "“Deferred Contract Payments"”). Deferred Contract Payments, if any, shall be due on the next succeeding Payment Date except to the extent that payment is deferred pursuant to this Section 5.112.7, except as provided under Section 1.9. No Contract Payments may be deferred to a date that is after February 15, 2010 the Stock Purchase Date and no such deferral period may end other than on a Payment Date, except as provided under Section 1.9. If the Stock Purchase Contracts are terminated upon the occurrence of a Termination Event, the Holder's Trust’s right to receive Contract Payments, if any, and any Deferred Contract Payments, will terminate.

Deferral of Contract Payments. (a) The Company shall have the rightright (which will be exercised if so directed by the Federal Reserve), at any time prior to February 15, 2010the Stock Purchase Date, to defer the payment of any or all of the Contract Payments otherwise payable on any Payment Date, but only if the Company shall give the Holders Property Trustee and the Stock Purchase Contract Agent administrative trustees (with a copy to the Paying Agent) written notice of its election to defer each such deferred Contract Payment (specifying the amount to be deferred) at least ten Business Days prior to the earlier of (i) the next succeeding Payment Date or (ii) the date the Company is Property Trustee and the administrative trustees are required to give notice of the Record Date any record date or Payment Date with respect to payment any class of such Contract Payments WITS to the NYSE New York Stock Exchange or other applicable self-self regulatory organization or to Holders of the Common Equity UnitsHolders, but in any event not less than one Business Day prior to such Record Daterecord date. Any Contract Payments so deferred shall, to the extent permitted by law, accrue interest thereon at the rate of 6.375% per year originally applicable to the Notes (computed calculated on the same basis of a 360-day year of twelve 30-day monthsas originally applicable to the Notes), compounding on each succeeding Payment Date, until paid in full (such deferred installments of Contract Payments, if any, together with the additional Contract Payments, if any, accrued thereon, being referred to herein as the "“Deferred Contract Payments"”). Deferred Contract Payments, if any, shall be due on the next succeeding Payment Date except to the extent that payment is deferred pursuant to this Section 5.112.7. No Contract Payments may be deferred to a date that is after February 15, 2010 the Stock Purchase Date and no such deferral period may end other than on a Payment Date. If the Stock Purchase Contracts are terminated upon the occurrence of a Termination Event, the Holder's Trust’s right to receive Contract Payments, if any, and any Deferred Contract Payments, will terminate.

Deferral of Contract Payments. (a) The Company shall have the rightright (which will be exercised if so directed by the Federal Reserve), at any time prior to February 15, 2010the Stock Purchase Date, to defer the payment of any or all of the Contract Payments otherwise payable on any Payment Date, but only if the Company shall give the Holders Property Trustee and the Stock Purchase Contract Agent Regular Trustees (with a copy to the Paying Agent) written notice of its election to defer each such deferred Contract Payment (specifying the amount to be deferred) at least ten Business Days prior to the earlier of (i) the next succeeding Payment Date or (ii) the date the Company is Property Trustee and the Regular Trustees are required to give notice of the Record Date any record date or Payment Date with respect to payment any class of such Contract Payments HITS to the NYSE New York Stock Exchange or other applicable self-self regulatory organization or to Holders of the Common Equity UnitsHolders, but in any event not less than one Business Day prior to such Record Daterecord date. Any Contract Payments so deferred shall, to the extent permitted by law, accrue interest thereon at the a floating rate of 6.375% per year (computed on the basis of a 360annum equal to Three-day year of twelve 30-day months)Month LIBOR plus %, compounding on each succeeding Payment Date, until paid in full (such deferred installments of Contract Payments, if any, together with the additional Contract Paymentsinterest, if any, accrued thereon, being referred to herein as the "“Deferred Contract Payments"”). Deferred Contract Payments, if any, shall be due on the next succeeding Payment Date except to the extent that payment is deferred pursuant to this Section 5.112.7, except as provided under Section 1.9. No Contract Payments may be deferred to a date that is after February 15, 2010 the Stock Purchase Date and no such deferral period may end other than on a Payment Date, except as provided under Section 1.9. If the Stock Purchase Contracts are terminated upon the occurrence of a Termination Event, the Holder's Trust’s right to receive Contract Payments, if any, and any Deferred Contract Payments, will terminate.

Deferral of Contract Payments. (a) The Company shall have the right, at any time prior to February 15, 2010the Third Stock Purchase Date, to defer the payment of any or all of the Contract Payments (including any Deferred Contract Payments) otherwise payable on any Payment Date, but only if the Company shall give the Holders and the Stock Purchase Contract Agent written notice of its election to defer each such deferred Contract Payment (specifying the amount to be deferred) at least ten (10) Business Days prior to the earlier of (i) the next succeeding Payment Date or (ii) the date the Company is required to give notice of the Record Date or Payment Date with respect to payment of such Contract Payments to the NYSE or other applicable self-regulatory organization or to Holders of the Common Equity Units, but in any event not less no later than one (1) Business Day prior to such scheduled Record Date. Any Contract Payments so deferred shall, to the extent permitted by law, accrue interest thereon at an annual rate equal to the rate of 6.375% per year applicable Contact Payment Deferral Rate (computed on the basis of a 360-day year consisting of twelve 30-day months), compounding on each succeeding Payment Date, until paid in full (such deferred installments of Contract Payments, if any, together with the additional Contract Payments, if any, accrued thereon, being referred to herein as the "“Deferred Contract Payments"”). Deferred Contract Payments, if any, shall be due on the next succeeding Payment Date Date, except to the extent that payment thereof is deferred pursuant to this Section 5.115.12. No Contract Payments may be deferred to a date that is after February 15the Third Stock Purchase Date, 2010 and no such deferral period may end other than on a Payment Date or a Stock Purchase Date. If the Stock Purchase Contracts are terminated upon the occurrence of a Termination Event, the Holder's ’s right to receive Contract Payments, if any, and any Deferred Contract PaymentsPayments on or after such Termination Event, will terminate.

Deferral of Contract Payments. (a) The Company shall have the rightright (which will be exercised if so directed by the Securities Exchange Commission), at any time prior to February 15, 2010the Stock Purchase Date, to defer the payment of any or all of the Contract Payments otherwise payable on any Payment Date, but only if the Company shall give the Holders Property Trustee and the Stock Purchase Contract Agent Administrative Trustees (with a copy to the Paying Agent) written notice of its election to defer each such deferred Contract Payment (specifying the amount to be deferred) at least ten Business Days prior to the earlier of (i) the next succeeding Payment Date or (ii) the date the Company is Property Trustee and the Administrative Trustees are required to give notice of the Record Date any record date or Payment Date with respect to payment any series of such Contract Payments APEX to the NYSE New York Stock Exchange, any other national securities exchange, automated interdealer quotation system or other applicable self-self regulatory organization or to Holders of the Common Equity UnitsHolders, but in any event not less than one Business Day prior to such Record Daterecord date. Any Contract Payments so deferred shall, to the extent permitted by law, accrue interest thereon at the rate of 6.375% per year originally applicable to the Notes (computed calculated on the same basis of a 360-day year of twelve 30-day monthsas originally applicable to the Notes), compounding on each succeeding Payment Date, until paid in full (such deferred installments of Contract Payments, if any, together with the additional Contract Payments, if any, accrued thereon, being referred to herein as the "“Deferred Contract Payments"”). Deferred Contract Payments, if any, shall be due on the next succeeding Payment Date except to the extent that payment is deferred pursuant to this Section 5.112.7, except as provided under Section 1.9. No Contract Payments may be deferred to a date that is after February 15, 2010 the Stock Purchase Date and no such deferral period may end other than on a Payment Date, except as provided under Section 1.9. If the Stock Purchase Contracts are terminated upon the occurrence of a Termination Event, the Holder's Trust’s right to receive any Contract Payments, if any, Payments and any Deferred Contract Payments, Payments will terminate.

Deferral of Contract Payments. (a) The Company shall have the rightright (which will be exercised if so directed by the Federal Reserve), at any time prior to February 15, 2010the Stock Purchase Date, to defer the payment of any or all of the Contract Payments otherwise payable on any Payment Date, but only if the Company shall give the Holders and Property Trustee (with a copy to the Stock Purchase Contract Agent Paying Agent) written notice of its election to defer each such deferred Contract Payment (specifying the amount to be deferred) at least ten Business Days prior to the earlier of (i) the next succeeding Payment Date or (ii) the date the Company is Property Trustee and the Administrative Trustees are required to give notice of the Record Date any record date or Payment Date with respect to payment any series of such Contract Payments PCS to the NYSE New York Stock Exchange, any other national securities exchange, automated interdealer quotation system or other applicable self-self regulatory organization or to Holders of the Common Equity UnitsHolders, but in any event not less than one Business Day prior to such Record Daterecord date. Any Contract Payments so deferred shall, to the extent permitted by law, accrue interest thereon at the rate of 6.375% per year originally applicable to the Notes (computed calculated on the same basis of a 360-day year of twelve 30-day monthsas originally applicable to the Notes), compounding on each succeeding Payment Date, until paid in full (such deferred installments of Contract Payments, if any, together with the additional Contract Payments, if any, accrued thereon, being referred to herein as the "“Deferred Contract Payments"”). Deferred Contract Payments, if any, shall be due on the next succeeding Payment Date except to the extent that payment is deferred pursuant to this Section 5.112.7, except as provided under Section 1.9. No Contract Payments may be deferred to a date that is after February 15, 2010 the Stock Purchase Date and no such deferral period may end other than on a Payment Date, except as provided under Section 1.9. If the Stock Purchase Contracts are terminated upon the occurrence of a Termination EventEvent or the redemption of all the Notes by the Company prior to the Stock Purchase Date in accordance with the Indenture, the Holder's Issuer Trust’s right to receive any Contract Payments, if any, Payments and any Deferred Contract Payments, Payments will terminate.

Deferral of Contract Payments. (a) The Company shall have the rightright (which will be exercised if so directed by the Federal Reserve), at any time prior to February 15, 2010the Stock Purchase Date, to defer the payment of any or all of the Contract Payments otherwise payable on any Payment Date, but only if the Company shall give the Holders and Property Trustee (with a copy to the Stock Purchase Contract Agent Paying Agent) written notice of its election with respect to defer each such deferred deferral of a Contract Payment (specifying the amount to be deferred) at least ten Business Days prior to the earlier of (i) the next succeeding Payment Date or (ii) the date the Company is Property Trustee and the Administrative Trustees are required to give notice of the Record Date any record date or Payment Date with respect to payment any series of such APEX Stock Purchase Contract Payments Agreement to the NYSE New York Stock Exchange, any other national securities exchange, automated interdealer quotation system or other applicable self-self regulatory organization or to Holders of the Common Equity UnitsHolders, but in any event not less than one Business Day prior to such Record Daterecord date. Any Contract Payments so deferred shall, to the extent permitted by law, accrue interest thereon at the rate of 6.375% per year originally applicable to the Notes (computed calculated on the same basis of a 360-day year of twelve 30-day monthsas originally applicable to the Notes), compounding on each succeeding Payment Date, until paid in full (such deferred installments of Contract Payments, if any, together with the additional Contract Payments, if any, accrued thereon, being referred to herein as the "“Deferred Contract Payments"”). Deferred Contract Payments, if any, shall be due on the next succeeding Payment Date except to the extent that payment is deferred pursuant to this Section 5.112.7, except as provided under Section 1.9. No Contract Payments may be deferred to a date that is after February 15, 2010 the Stock Purchase Date and no such deferral period may end other than on a Payment Date, except as provided under Section 1.9. If the Stock Purchase Contracts are terminated upon the occurrence of a Termination EventEvent or the redemption of all the Notes by the Company prior to the Stock Purchase Date in accordance with the Indenture, the Holder's Issuer Trust’s right to receive any Contract Payments, if any, Payments and any Deferred Contract Payments, Payments will terminate.