Common use of Distributions with Respect to Unsurrendered Certificates Clause in Contracts

Distributions with Respect to Unsurrendered Certificates. No dividends or other distributions declared or made after the Effective Time with respect to Xos Shares with a record date after the Effective Time shall be paid to the holder of any unsurrendered certificate that immediately prior to the Effective Time represented outstanding EMV Shares that were exchanged pursuant to Section 3.01 unless and until the holder of record of such certificate has surrendered such certificate in accordance with Section 5.01. Subject to applicable law, at the time of surrender of any such certificate (or in the case of clause (b) below, at the appropriate payment date), there shall be paid to the holder of record of the certificates formerly representing whole EMV Shares, without interest, (a) the amount of dividends or other distributions with a record date after the Effective Time theretofore paid with respect to such whole Xos Share and (b) on the appropriate payment date, the amount of dividends or other distributions with a record date after the Effective Time but prior to surrender and a payment date subsequent to surrender payable with respect to such whole Xos Share.

Distributions with Respect to Unsurrendered Certificates. No dividends or other distributions declared or made after the Effective Time with respect to Xos Coeur Shares with a record date after the Effective Time shall be paid to the holder of any unsurrendered certificate that which immediately prior to the Effective Time represented outstanding EMV Orko Shares that were exchanged pursuant to Section 3.01 2.3 unless and until the holder of record of such certificate has surrendered shall surrender such certificate in accordance with Section 5.014.1. Subject to applicable law, at the time of such surrender of any such certificate (or in the case of clause (bii) below, at the appropriate payment date), there shall be paid to the holder of record of the certificates formerly representing whole EMV Orko Shares, without interest, (aA) the amount of dividends or other distributions with a record date after the Effective Time theretofore paid with respect to such whole Xos Coeur Share and (bB) on the appropriate payment date, the amount of dividends or other distributions with a record date after the Effective Time but prior to surrender and a payment date subsequent to surrender payable with respect to such whole Xos Coeur Share.