Common use of Delivery of Contract Shares Clause in Contracts

Delivery of Contract Shares. (i) Except as otherwise provided in this Agreement, Counterparty agrees to deliver the Contract Shares to the Trust on the Exchange Date. Counterparty shall be deemed to have instructed the Collateral Agent to deliver to the Custodian, for the account of the Trust, shares of Common Stock then held by the Collateral Agent as collateral under the Collateral Agreement, in an amount equal to the number of Contract Shares, rounded down to the nearest whole number. Instead of any fractional shares of Common Stock that would otherwise be deliverable (prior to rounding) to the Trust at the Exchange Date, Counterparty agrees to make a cash payment in respect of such fractional shares of Common Stock in an amount equal to the value thereof at the Exchange Price. Notwithstanding the foregoing, if an Adjustment Event shall have occurred prior to the Exchange Date then, in lieu of the foregoing, Counterparty shall be deemed to have instructed: (A) in the case of any cash required to be delivered on the Exchange Date as provided in Section 6.2, the Collateral Agent to deliver such cash by wire transfer Federal (immediately available same-day) funds to an account designated by the Trust; and (B) in the case of any Reported Securities required to be delivered by Counterparty in lieu of cash as provided in Section 6.2, the Collateral Agent to deliver to the Custodian, for the account of the Trust, a specified number of Reported Securities then held as collateral under the Collateral Agreement, as provided in Section 6(g) of the Collateral Agreement.

Delivery of Contract Shares. (i) Except as otherwise provided in this Agreement, Counterparty Seller agrees to deliver the Contract Shares to the Trust Purchaser on the Exchange Date. Counterparty Seller shall be deemed to have instructed the Collateral Agent to deliver to the Custodian, for the account of the TrustPurchaser, shares of Common Stock then held by the Collateral Agent as collateral under the Collateral Agreement, in an amount equal to the number of Contract Shares, rounded down to the nearest whole number. Instead of any fractional shares of Common Stock that would otherwise be deliverable (prior to rounding) to the Trust Purchaser at the Exchange Date, Counterparty Seller agrees to make a cash payment in respect of such fractional shares of Common Stock in an amount equal to the value thereof at the Exchange Price. Notwithstanding the foregoing, if an Adjustment Event shall have occurred prior to the Exchange Date then, in lieu of the foregoing, Counterparty Seller shall be deemed to have instructed: (A) in the case of any cash required to be delivered on the Exchange Date as provided in Section 6.2, the Collateral Agent to deliver such cash by wire transfer Federal (immediately available same-day) funds to an account designated by the TrustPurchaser; and (B) in the case of any Reported Securities required to be delivered by Counterparty Seller in lieu of cash as provided in Section 6.2, the Collateral Agent to deliver to the Custodian, for the account of the TrustPurchaser, a specified number of Reported Securities then held as collateral under the Collateral Agreement, as provided in Section 6(g) of the Collateral Agreement.

Delivery of Contract Shares. (i) Except as otherwise provided in this Agreement, Counterparty agrees to Seller will deliver the Contract Shares to the Trust Purchaser on the Exchange Date. Counterparty Seller shall be deemed to have instructed the Collateral Agent to deliver to the Custodian, for the account of the TrustPurchaser, shares of Common Stock then held by the Collateral Agent as collateral under the Collateral Agreement, in an amount equal to the number of Contract Shares, rounded down to the nearest whole number. Instead of any fractional shares of Common Stock that would otherwise be deliverable (prior to rounding) to the Trust Purchaser at the Exchange Date, Counterparty Seller agrees to make a cash payment in respect of such fractional shares of Common Stock in an amount equal to the value thereof at the Exchange Price. Notwithstanding the foregoing, if an Adjustment Event shall have occurred prior to the Exchange Date then, in lieu of the foregoing, Counterparty Seller shall be deemed to have instructed: (A) in the case of any cash required to be delivered on the Exchange Date as provided in Section 6.2, the Collateral Agent to deliver such cash by wire transfer Federal (immediately available same-dayavailable) funds to an account designated by the TrustPurchaser; and (B) in the case of any Reported Securities required to be delivered by Counterparty Seller in lieu of cash as provided in Section 6.2, the Collateral Agent to deliver to the Custodian, for the account of the TrustPurchaser, a specified number of Reported Securities then held as collateral under the Collateral Agreement, as provided in Section 6(g) of the Collateral Agreement.

Delivery of Contract Shares. (i) Except as otherwise provided in this AgreementOn the Exchange Date, Counterparty Seller agrees to deliver the Contract Shares to the Trust on the Exchange DatePurchaser. Counterparty Seller shall be deemed to have instructed the Collateral Agent to deliver to the Custodian, for the account of the TrustPurchaser, shares of Common Stock then held by the Collateral Agent as collateral under the Collateral Agreement, in an amount equal to the number of Contract Shares, rounded down to the nearest whole number. Instead of any fractional shares of Common Stock that would otherwise be deliverable (prior to rounding) to the Trust Purchaser at the Exchange Date, Counterparty Seller agrees to make a cash payment in respect of such fractional shares of Common Stock in an amount equal to the value thereof at the Exchange Price. Notwithstanding the foregoing, if an Adjustment Event shall have occurred prior to the Exchange Date then, in lieu of the foregoing, Counterparty Seller shall be deemed to have instructed: (A) in the case of any cash required to be delivered on the Exchange Date as provided in Section 6.2, the Collateral Agent to deliver such cash by wire transfer Federal (immediately available same-dayavailable) funds to an account designated by the TrustPurchaser; and (B) in the case of any Reported Securities required to be delivered by Counterparty Seller in lieu of cash as provided in Section 6.2, the Collateral Agent to deliver to the Custodian, for the account of the TrustPurchaser, a specified number of Reported Securities then held as collateral under the Collateral Agreement, as provided in Section 6(g) of the Collateral Agreement.

Delivery of Contract Shares. (i) Except as otherwise provided in this Agreement, Counterparty Seller agrees to deliver the Contract Shares to the Trust Purchaser on the Exchange Date. Counterparty Seller shall be deemed to have instructed the Collateral Agent to deliver to the Custodian, for the account of the TrustPurchaser, shares of Common Stock then held by the Collateral Agent as collateral under the Collateral Agreement, in an amount equal to the number of Contract Shares, rounded down to the nearest whole number. Instead of any fractional shares of Common Stock that would otherwise be deliverable (prior to rounding) to the Trust Purchaser at the Exchange Date, Counterparty Seller agrees to make a cash payment in respect of such fractional shares of Common Stock in an amount equal to the value thereof at the Exchange Price. Notwithstanding the foregoing, if an Adjustment Event shall have occurred prior to the Exchange Date then, in lieu of the foregoing, Counterparty Seller shall be deemed to have instructed: (A) in the case of any cash required to be delivered on the Exchange Date as provided in Section 6.2, the Collateral Agent to deliver such cash by wire transfer Federal (immediately available same-dayavailable) funds to an account designated by the TrustPurchaser; and (B) in the case of any Reported Securities required to be delivered by Counterparty Seller in lieu of cash as provided in Section 6.2, the Collateral Agent to deliver to the Custodian, for the account of the TrustPurchaser, a specified number of Reported Securities then held as collateral under the Collateral Agreement, as provided in Section 6(g) of the Collateral Agreement.

Delivery of Contract Shares. (i) Except as otherwise provided in this AgreementOn the Sale Date, Counterparty agrees to Seller will deliver the Contract Shares to the Trust on the Exchange DatePurchaser. Counterparty Seller shall be deemed to have instructed the Collateral Agent to deliver to the Custodian, for the account of the TrustPurchaser, shares of Common Stock Subordinate Voting Shares then held by the Collateral Agent as collateral under the Collateral AgreementAgreement [(with any Multiple Voting Shares held by any agent of the Collateral Agent being first converted on or immediately prior to the Sale Date into Subordinate Voting Shares and delivered to the Collateral Agent at such time)], in an amount equal to the number of Contract Shares, rounded down to the nearest whole number. Instead of any fractional shares of Common Stock Subordinate Voting Shares that would otherwise be deliverable (prior to rounding) to the Trust Purchaser at the Exchange Sale Date, Counterparty Seller agrees to make a cash payment in respect of such fractional shares of Common Stock Subordinate Voting Shares in an amount equal to the value thereof at the Exchange Price. Notwithstanding the foregoing, if an Adjustment Event shall have occurred prior to the Exchange Sale Date then, in lieu of the foregoing, Counterparty Seller shall be deemed to have instructed: (A) in the case of any cash required to be delivered on the Exchange Sale Date as provided in Section 6.2, the Collateral Agent to deliver such cash by wire transfer Federal (immediately available same-dayavailable) funds to an account designated by the TrustPurchaser; and (B) in the case of any Reported Securities required to be delivered by Counterparty Seller in lieu of cash as provided in Section 6.2, the Collateral Agent to deliver to the Custodian, for the account of the TrustPurchaser, a specified number of Reported Securities then held as collateral under the Collateral Agreement, as provided in Section 6(g) of the Collateral Agreement.

Delivery of Contract Shares. (i) Except as otherwise provided in this Agreement, Counterparty Seller agrees to deliver the Contract Shares to the Trust Purchaser on the Exchange Date. Counterparty Seller shall be deemed to have instructed the Collateral Agent to deliver to the Custodian, for the account of the TrustPurchaser, shares of Class A Common Stock then held by the Collateral Agent as collateral under the Collateral Agreement, in an amount equal to the number of Contract Shares, rounded down to the nearest whole number. Instead of any fractional shares of Class A Common Stock that would otherwise be deliverable (prior to rounding) to the Trust Purchaser at the Exchange Date, Counterparty Seller agrees to make a cash payment in respect of such fractional shares of Class A Common Stock in an amount equal to the value thereof at the Exchange Price. Notwithstanding the foregoing, if an Adjustment Event shall have occurred prior to the Exchange Date then, in lieu of the foregoing, Counterparty Seller shall be deemed to have instructed: (A) in the case of any cash required to be delivered on the Exchange Date as provided in Section 6.2, the Collateral Agent to deliver such cash by wire transfer Federal (immediately available same-day) funds to an account designated by the TrustPurchaser; and (B) in the case of any Reported Securities required to be delivered by Counterparty Seller in lieu of cash as provided in Section 6.2, the Collateral Agent to deliver to the Custodian, for the account of the TrustPurchaser, a specified number of Reported Securities then held as collateral under the Collateral Agreement, as provided in Section 6(g) of the Collateral Agreement.