Common use of Dividend Rights in Respect of the Pledged Collateral Clause in Contracts

Dividend Rights in Respect of the Pledged Collateral. (i) So long as no Event of Default shall have occurred and be continuing and subject to Section 4(b) hereof, each Pledgor may receive and retain any and all dividends (other than stock dividends and other dividends constituting Pledged Collateral CHAR2\1772675v2 addressed hereinabove) or interest paid in respect of the Pledged Collateral to the extent they are allowed under the Credit Agreement. (ii) Upon the occurrence and during the continuance of an Event of Default and notice from the Collateral Agent to the applicable Pledgor that the Collateral Agent intends to exercise its rights pursuant to this paragraph (e): (A) all rights of a Pledgor to receive the dividends and interest payments that it would otherwise be authorized to receive and retain pursuant to paragraph (i) of this subsection shall cease and all such rights shall thereupon be vested in the Collateral Agent, which shall then have the sole right to receive and hold as Pledged Collateral such dividends and interest payments; and (B) all dividends and interest payments that are received by a Pledgor contrary to the provisions of paragraph (A) of this subsection shall be received in trust for the benefit of the Collateral Agent, shall be segregated from other property or funds of such Pledgor, and shall be forthwith paid over to the Collateral Agent as Pledged Collateral in the exact form received, to be held by the Collateral Agent as Pledged Collateral and as further collateral security for the Secured Obligations.

Dividend Rights in Respect of the Pledged Collateral. (i) So long as no Event of Default shall have occurred and be continuing and subject to Section 4(b) hereof, each (x) the Pledgor may receive and retain any and all dividends (other than stock dividends and other dividends constituting Pledged Collateral CHAR2\1772675v2 addressed hereinabove) ), interest or interest principal paid in respect of the Pledged Collateral to the extent they are allowed under the Credit AgreementAgreement and (y) the Collateral Agent shall execute and deliver to the Pledgor, or cause to be executed and delivered to the Pledgor, all proxies, powers of attorney and other instruments as the Pledgor may reasonably request for the purpose of enabling the Pledgor to receive the dividends it is entitled to receive pursuant to subclause (x) above. (ii) Upon the occurrence and during the continuance of an Event of Default and notice from the Collateral Agent to the applicable Pledgor that the Collateral Agent intends to exercise its rights pursuant to this paragraph (e):Default: (A) all rights of a the Pledgor to receive the dividends and dividends, interest or principal payments that which it would otherwise be authorized to receive and retain pursuant to paragraph (i) of this subsection shall cease and all such rights shall thereupon be vested in the Collateral Agent, which shall then have the sole right to receive and hold as Pledged Collateral such dividends and interest payments; and (B) all dividends and interest payments that which are received by a the Pledgor contrary to the provisions of paragraph (A) of this subsection shall be received in trust for the benefit of the Collateral Agent, shall be segregated from other property or funds of such the Pledgor, and shall be forthwith paid over to the Collateral Agent as Pledged Collateral in the exact form received, to be held by the Collateral Agent as Pledged Collateral and as further collateral security for the Secured Obligations.

Dividend Rights in Respect of the Pledged Collateral. (i) So long as no Event of Default shall have occurred and be continuing and subject to Section 4(b) hereofcontinuing, each Pledgor PFM may receive and retain any and all dividends (other than stock dividends and other dividends constituting Pledged Collateral CHAR2\1772675v2 which are addressed hereinabove) or interest paid in respect of the Pledged Collateral to the extent they such dividends are allowed under ordinary or regular periodic dividends paid on the Credit AgreementPledged Collateral and together with all other such dividends paid within the preceding twelve (12) months does not exceed 6% of the then fair market value of the Pledged Shares on which such dividend is paid (herein "Ordinary Dividends"); and all cash dividends other than Ordinary Dividends shall be paid to and held by the Agent or the Pledgor (as applicable) as additional Pledged Collateral hereunder. (ii) Upon the occurrence and during the continuance of an Event of Default and notice from thereof by the Collateral Agent to the applicable Pledgor that the Collateral Agent intends to exercise its rights pursuant to this paragraph (e):Pledgee: (A) all rights of a the Pledgor to receive the dividends and interest payments that which it would otherwise be authorized to receive and retain pursuant to paragraph (i) of this subsection Section shall cease and all such rights shall thereupon be vested in the Collateral Agent, Pledgee which shall then have the sole right to receive and hold as Pledged Collateral such dividends and interest payments; and (B) all dividends and interest dividend payments that which are received by a the Pledgor contrary to the provisions of paragraph (A) of this subsection Section shall be received in trust for the benefit of the Collateral AgentPledgee, shall be segregated from other property or funds of such the Pledgor, and shall be forthwith paid over and endorsed to the Collateral Agent Pledgee as Pledged Collateral in the exact form received, to be held by the Collateral Agent Pledgee as Pledged Collateral and as further collateral security for the Secured Pledgor Obligations.

Dividend Rights in Respect of the Pledged Collateral. (i) So long as no Event of Default shall have occurred and be continuing and subject to Section 4(b) hereof, (x) each Pledgor may receive and retain any and all dividends (other than stock dividends and other dividends constituting Pledged Collateral CHAR2\1772675v2 addressed hereinabove) ), interest or interest principal paid in respect of the Pledged Collateral to the extent they are allowed under the Credit AgreementAgreement and (y) the Collateral Agent shall execute and deliver to each Pledgor, or cause to be executed and delivered to each Pledgor, all proxies, powers of attorney and other instruments as such Pledgor may reasonably request for the purpose of enabling such Pledgor to receive the dividends it is entitled to receive pursuant to subclause (x) above. (ii) Upon the occurrence and during the continuance of an Event of Default and notice from the Collateral Agent to the applicable Pledgor that the Collateral Agent intends to exercise its rights pursuant to this paragraph (e):Default: (A) all rights of a Pledgor to receive the dividends and dividends, interest or principal payments that which it would otherwise be authorized to receive and retain pursuant to paragraph (i) of this subsection shall cease and all such rights shall thereupon be vested in the Collateral Agent, which shall then have the sole right to receive and hold as Pledged Collateral such dividends and interest payments; and (B) all dividends and interest payments that which are received by a Pledgor contrary to the provisions of paragraph (A) of this subsection shall be received in trust for the benefit of the Collateral Agent, shall be segregated from other property or funds of such Pledgor, and shall be forthwith paid over to the Collateral Agent as Pledged Collateral in the exact form received, to be held by the Collateral Agent as Pledged Collateral and as further collateral security for the Secured Obligations.

Dividend Rights in Respect of the Pledged Collateral. (i) So long as no Event of Default shall have occurred and be continuing and subject Subject to Section 4(b) hereof, each Pledgor may receive and retain any and all dividends (other than stock dividends and other dividends constituting Pledged Collateral CHAR2\1772675v2 addressed hereinabove) or interest paid in respect of the Pledged Collateral to the extent they are allowed under the Credit Note Documents until (A) such time as an Event of Default shall have occurred and be continuing and (B) the 2008 Purchasers have accelerated payment of the Notes pursuant to the 2008 Note Agreement. (ii) Upon the occurrence and during the continuance of If an Event of Default has occurred and notice from is continuing and the Collateral Agent to 2008 Purchasers have accelerated payment of the applicable Pledgor that the Collateral Agent intends to exercise its rights pursuant to this paragraph Notes as contemplated in subparagraph (e):f)(i) above: (A) all rights of a Pledgor to receive the dividends and interest payments that it would otherwise be authorized to receive and retain pursuant to paragraph (i) of this subsection shall cease during the existence of such Event of Default and all such rights shall thereupon be vested in the Collateral Agent, which shall then during the continuance of such Event of Default have the sole right to receive and hold as Pledged Collateral such dividends and interest payments; and (B) all dividends and interest payments that are received by a Pledgor contrary to the provisions of paragraph (A) of this subsection shall be received in trust for the benefit of the Collateral Agent, shall be segregated from other property or funds of such Pledgor, and shall be forthwith paid over to the Collateral Agent as Pledged Collateral in the exact form received, to be held by the Collateral Agent as Pledged Collateral and as further collateral security for the Secured Obligations.