Common use of Early Settlement; Merger Early Settlement; Cash Settlement Clause in Contracts

Early Settlement; Merger Early Settlement; Cash Settlement. Upon written notice to the Collateral Agent by the Purchase Contract Agent that one or more Holders of Units have elected to effect Early Settlement, Merger Early Settlement or Cash Settlement of their respective obligations under the Purchase Contracts forming a part of such Units in accordance with the terms of the Purchase Contracts and the Purchase Contract Agreement (setting forth the number of such Purchase Contracts as to which such Holders have elected to effect Early Settlement, Merger Early Settlement or Cash Settlement), and that the Purchase Contract Agent has received from such Holders, and paid to the Company as confirmed by written notice to the Collateral Agent by the Company, the related Early Settlement Amounts, Merger Early Settlement Amounts or Cash Settlement Amounts, as the case may be, pursuant to the terms of the Purchase Contracts and the Purchase Contract Agreement and that all conditions to such Early Settlement, Merger Early Settlement or Cash Settlement, as the case may be, have been satisfied, then the Collateral Agent shall release from the Pledge (a) Pledged Notes or Pledged Treasury Consideration, as the case may be, in the case of a Holder of Normal Units or (b) Pledged Treasury Securities, in the case of a Holder of Stripped Units, identified by the Purchase Contract Agent as relating to such Purchase Contracts as to which such Holders have paid such Early Settlement Amounts, Merger Early Settlement Amounts or Cash Settlement Amounts, and shall Transfer all such Pledged Notes, Pledged Treasury Consideration or Pledged Treasury Securities, as the case may be, free and clear of the Pledge created hereby, to the Purchase Contract Agent for the benefit of the Holders.

Early Settlement; Merger Early Settlement; Cash Settlement. Upon written notice to the Collateral Agent by the Purchase Contract Agent that one or more Holders of Units have elected to effect Early Settlement, Merger Early Settlement or Cash Settlement of their respective obligations under the Purchase Contracts forming a part of such Units in accordance with the terms of the Purchase Contracts and the Purchase Contract Agreement (setting forth the number of such Purchase Contracts as to which such Holders have elected to effect Early Settlement, Merger Early Settlement or Cash Settlement), and that the Purchase Contract Agent has received from such Holders, and paid to the Company Company, as confirmed by written notice to the Collateral Agent in writing by the Company, the related Early Settlement Amounts, Merger Early Settlement Amounts or Cash Settlement Amounts, as the case may be, pursuant to the terms of the Purchase Contracts and the Purchase Contract Agreement and that all conditions to such Early Settlement, Merger Early Settlement or Cash Settlement, as the case may be, have been satisfied, then the Collateral Agent shall release from the Pledge (a) Pledged Notes Notes, Pledged Treasury Consideration or Pledged Applicable Ownership Interest in the Treasury ConsiderationPortfolio, as the case may be, in the case of a Holder of Normal Units or (b) Pledged Treasury Securities, in the case of a Holder of Stripped Units, identified by the Purchase Contract Agent as relating to such Purchase Contracts as to which such Holders have paid such elected to effect Early Settlement AmountsSettlement, Merger Early Settlement Amounts or Cash Settlement AmountsSettlement, and shall Transfer all such Pledged Notes, Pledged Treasury Consideration Consideration, Pledged Applicable Ownership Interest in the Treasury Portfolio or Pledged Treasury Securities, as the case may be, free and clear of the Pledge created hereby, to the Purchase Contract Agent for the benefit of the such Holders.

Early Settlement; Merger Early Settlement; Cash Settlement. Upon written notice to the Collateral Agent by the Purchase Contract Agent that one or more Holders of Units have elected to effect Early Settlement, Merger Early Settlement or Cash Settlement of their respective obligations under the Purchase Contracts forming a part of such Units in accordance with the terms of the Purchase Contracts and the Purchase Contract Agreement (setting forth the number of such Purchase Contracts as to which such Holders have elected to effect Early Settlement, Merger Early Settlement or Cash Settlement), and that the Purchase Contract Agent has received from such Holders, and paid to the Company as confirmed by written notice to the Collateral Agent in writing by the Company, the related Early Settlement Amounts, Merger Early Settlement Amounts or Cash Settlement Amounts, as the case may be, pursuant to the terms of the Purchase Contracts and the Purchase Contract Agreement and that all conditions to such Early Settlement, Merger Early Settlement or Cash Settlement, as the case may be, have been satisfied, then the Collateral Agent shall release from the Pledge (a) Pledged Notes or Pledged Treasury Consideration, as the case may be, in the case of a Holder of Normal Units or (b) Pledged Treasury Securities, in the case of a Holder of Stripped Units, identified by the Purchase Contract Agent as relating to such Purchase Contracts as to which such Holders have paid such elected to effect Early Settlement AmountsSettlement, Merger Early Settlement Amounts or Cash Settlement AmountsSettlement, and shall Transfer all such Pledged Notes, Pledged Treasury Consideration or Pledged Treasury Securities, as the case may be, free and clear of the Pledge any lien, pledge or security interest created hereby, to the Purchase Contract Agent for the benefit of the Holders.

Early Settlement; Merger Early Settlement; Cash Settlement. Upon written notice to the Collateral Agent by the Purchase Contract Agent that one or more Holders of Units have elected to effect Early Settlement, Merger Early Settlement or Cash Settlement of their respective obligations under the Purchase Contracts forming a part of such Units in accordance with the terms of the Purchase Contracts and the Purchase Contract Agreement (setting forth the number of such Purchase Contracts as to which such Holders have elected to effect Early Settlement, Merger Early Settlement or Cash Settlement), and that the Purchase Contract Agent has received from such Holders, and paid to the Company as confirmed by written notice to the Collateral Agent by the Company, the related Early Settlement Amounts, Merger Early Settlement Amounts or Cash Settlement Amounts, as the case may be, pursuant to the terms of the Purchase Contracts and the Purchase Contract Agreement and that all conditions to such Early Settlement, Merger Early Settlement or Cash Settlement, as the case may be, have been satisfied, then the Collateral Agent shall release from the Pledge (a) Pledged Notes or Pledged Treasury Consideration, as the case may be, in the case of a Holder of Normal Units or (b) Pledged Treasury Securities, in the case of a Holder of Stripped Units, identified by the Purchase Contract Agent as relating to such Purchase Contracts as to which such Holders have paid such elected to effect Early Settlement AmountsSettlement, Merger Early Settlement Amounts or Cash Settlement AmountsSettlement, and shall Transfer all such Pledged Notes, Pledged Treasury Consideration or Pledged Treasury Securities, as the case may be, free and clear of the Pledge any lien, pledge or security interest created hereby, to the Purchase Contract Agent for the benefit of the Holders.

Early Settlement; Merger Early Settlement; Cash Settlement. Upon written notice to the Collateral Agent by the Purchase Contract Agent that one or more Holders of Units have elected to effect Early Settlement, Merger Early Settlement or Cash Settlement of their respective obligations under the Purchase Contracts forming a part of such Units in accordance with the terms of the Purchase Contracts and the Purchase Contract Agreement (setting forth the number of such Purchase Contracts as to which such Holders have elected to effect such Early Settlement, Merger Early Settlement or Cash Settlement), and that the Purchase Contract Agent has received from such Holders, and paid to the Company Company, as confirmed by written notice to the Collateral Agent in writing by the Company, the related Early Settlement Amounts, Merger Early Settlement Amounts or Cash Settlement Amounts, as the case may be, pursuant to the terms of the Purchase Contracts and the Purchase Contract Agreement and that all conditions to such Early Settlement, Merger Early Settlement or Cash Settlement, as the case may be, have been satisfied, then the Collateral Agent shall release from the Pledge (a) Pledged Notes Notes, Pledged Treasury Consideration or Pledged Applicable Ownership Interest in the Treasury ConsiderationPortfolio, as the case may be, in the case of a Holder of Normal Units or (b) Pledged Treasury Securities, in the case of a Holder of Stripped Units, identified by the Purchase Contract Agent as relating to such Purchase Contracts as to which such Holders have paid elected to effect such Early Settlement AmountsSettlement, Merger Early Settlement Amounts or Cash Settlement AmountsSettlement, and shall Transfer all such Pledged Notes, Pledged Treasury Consideration Consideration, Pledged Applicable Ownership Interest in the Treasury Portfolio or Pledged Treasury Securities, as the case may be, free and clear of the Pledge created hereby, to the Purchase Contract Agent for the benefit of the such Holders.

Early Settlement; Merger Early Settlement; Cash Settlement. Upon written notice to the Collateral Agent by the Purchase Contract Agent that one or more Holders of Equity Security Units or Stripped Equity Security Units have elected to effect Early Settlement, Settlement or Merger Early Settlement or that one or more Holders of Equity Security Units have elected to effect Cash Settlement Settlement, in each case, of their respective obligations under the Purchase Contracts forming a part of such Equity Security Units or Stripped Equity Security Units in accordance with the terms of the Purchase Contracts and the Purchase Contract Agreement (setting forth the number of such Purchase Contracts as to which such Holders have elected to effect Early Settlement, Merger Early Settlement or Cash Settlement), and that the Purchase Contract Agent has received from such Holders, and paid to the Company Company, as confirmed by written notice to the Collateral Agent in writing by the Company, the related Early Settlement Amounts, Merger Early Settlement Amounts or the Purchase Prices in the case of the Cash Settlement AmountsSettlement, as the case may be, pursuant to the terms of the Purchase Contracts and the Purchase Contract Agreement and that all conditions to such Early Settlement, Merger Early Settlement or Cash Settlement, as the case may be, have been satisfied, then the Collateral Agent shall release from the Pledge (a) Pledged Notes Notes, the appropriate Pledged Applicable Ownership Interest in the Tax Event Treasury Portfolio or the appropriate Pledged Applicable Ownership Interest in the Treasury ConsiderationPortfolio, as the case may be, in the case of a Holder of Normal Equity Security Units effecting Early Settlement or Merger Early Settlement or (b) Pledged Treasury Securities, in the case of a Holder of Stripped UnitsEquity Security Units effecting Early Settlement or Merger Early Settlement, identified by the Purchase Contract Agent as relating to such Purchase Contracts as to which such Holders have paid such elected to effect Early Settlement AmountsSettlement, Merger Early Settlement Amounts or Cash Settlement AmountsSettlement, and shall Transfer all such Pledged Notes, Pledged Applicable Ownership Interests in the Treasury Consideration Portfolio, Pledged Applicable Ownership Interest in the Tax Event Treasury Portfolio or Pledged Treasury Securities, as the case may be, free and clear of the Pledge created hereby, to the Purchase Contract Agent for the benefit of the such Holders.

Early Settlement; Merger Early Settlement; Cash Settlement. Upon written notice to the Collateral Agent by the Forward Purchase Contract Agent that one or more Holders of Equity Units or Stripped Units have elected to effect Early Settlement, Merger Early Settlement or Cash Settlement of their respective obligations under the Forward Purchase Contracts forming a part of such Equity Units or Stripped Units in accordance with the terms of the Forward Purchase Contracts and the Forward Purchase Contract Agreement (setting forth the number of such Forward Purchase Contracts as to which such Holders have elected to effect Early Settlement, Merger Early Settlement or Cash Settlement), and that the Purchase Contract Collateral Agent has received from such Holders, and paid to the Company as confirmed by written notice to the Collateral Agent by the Company, the related Early Settlement Amounts, Merger Early Settlement Amounts or Cash Settlement Amounts, as the case may be, pursuant to the terms of the Forward Purchase Contracts and the Forward Purchase Contract Agreement and that all conditions to such Early Settlement, Merger Early Settlement or Cash Settlement, as the case may be, have been satisfied, then the Collateral Agent shall release from the Pledge (a) Pledged Notes Notes, Pledged Treasury Consideration or Pledged Applicable Ownership Interest in the Treasury ConsiderationPortfolio, as the case may be, in the case of a Holder of Normal Equity Units or (b) Pledged Treasury Securities, in the case of a Holder of Stripped Units, identified by the Purchase Contract Agent as relating to such Forward Purchase Contracts as to which such Holders have paid such elected to effect Early Settlement AmountsSettlement, Merger Early Settlement Amounts or Cash Settlement AmountsSettlement, and shall Transfer all such Pledged Notes, Pledged Treasury Consideration Consideration, Pledged Applicable Ownership Interest in the Treasury Portfolio or Pledged Treasury Securities, as the case may be, free and clear of the Pledge created hereby, to the Forward Purchase Contract Agent for the benefit of the such Holders.

Early Settlement; Merger Early Settlement; Cash Settlement. (a) Unless a Holder has effected a Merger Early Settlement or a Termination Event shall have occurred, such Holder may, at its option, effect an Early Settlement at any time of Purchase Contracts underlying Units having an aggregate Stated Amount equal to $1,000 or an integral multiple thereof, provided that Holders may not effect an Early Settlement after 10:00 a.m. (New York City time) (i) on the fourth Business Day immediately preceding the Initial Remarketing Date until the next Business Day immediately following the Initial Remarketing Date; (ii) on the fourth Business Day immediately preceding any Subsequent Remarketing Period until the next Business Day immediately following either a Subsequent Remarketing Date or a Terminated Remarketing Period, as the case may be; or, (iii) on or after the tenth Business Day immediately preceding the Stock Purchase Date. (b) Upon written notice to the Collateral Agent by the Purchase Contract Agent that one or more Holders of Units have elected to effect Early Settlement, Merger Early Settlement or Cash Settlement of their respective obligations under the Purchase Contracts forming a part of such Units in accordance with the terms of the Purchase Contracts and the Purchase Contract Agreement (setting forth the number of such Purchase Contracts as to which such Holders have elected to effect Early Settlement, Merger Early Settlement or Cash Settlement), and that the Purchase Contract Agent has received from such Holders, and paid to the Company Company, as confirmed by written notice to the Collateral Agent in writing by the Company, the related Early Settlement Amounts, Merger Early Settlement Amounts or Cash Settlement Amounts, as the case may be, pursuant to the terms of the Purchase Contracts and the Purchase Contract Agreement and that all conditions to such Early Settlement, Merger Early Settlement or Cash Settlement, as the case may be, have been satisfied, then the Collateral Agent shall release from the Pledge (a) Pledged Notes or Pledged Applicable Ownership Interest in the Treasury ConsiderationPortfolio, as the case may be, in the case of a Holder of Normal Units or (b) Pledged Treasury Securities, in the case of a Holder of Stripped Units, identified by the Purchase Contract Agent as relating to such Purchase Contracts as to which such Holders have paid such elected to effect Early Settlement AmountsSettlement, Merger Early Settlement Amounts or Cash Settlement AmountsSettlement, and shall Transfer transfer all such Pledged Notes, Pledged Applicable Ownership Interest in the Treasury Consideration Portfolio or Pledged Treasury Securities, as the case may be, free and clear of the Pledge created hereby, to the Purchase Contract Agent for the benefit of the such Holders. (c) If a Holder of a Unit notifies the Purchase Contract Agent, as provided in Section 5.4(a)(i) of the Purchase Contract Agreement, of its intention to effect Cash Settlement, but fails to pay the Purchase Price in cash as required by Section 5.4(a)(i) of the Purchase Contract Agreement, such Holder will be deemed to have such Notes remarketed pursuant to the Purchase Contract Agreement and Indenture as if it had not notified the Purchase Contract Agent as stated above. In addition, in the event the Notes are not Remarketed on or prior to the third Business Day prior to the Stock Purchase Date, such Last Failed Remarketing as described in Section 5.4(b)(ii) of the Purchase Contract Agreement, shall constitute an event of default hereunder by such Holder and the Collateral Agent, for the benefit of the Company, will exercise its rights as a secured party with respect to such Pledged Notes and at the direction of the Company retain or dispose of the Collateral in accordance with applicable law. (d) Upon receipt by the Collateral Agent of payment of the Cash required to settle such Purchase Contract by such Holder on or prior to 10:00 a.m. (New York City time) on the tenth Business Day immediately preceding the Stock Purchase Date by wire transfer in immediately available funds payable to or upon the order of the Company, the Collateral Agent shall, at the written direction of the Company, promptly invest any cash received from a Holder in connection with a Cash Settlement in Permitted Investments; provided, however, that if the Company fails to deliver such instructions by 10:00 a.m. (New York City time) on the date of any such investment, the Collateral Agent shall invest such Cash in the Permitted Investments described in clause (i) of the definition of Permitted Investments. Upon receipt of the proceeds upon the maturity of the Permitted Investments on the Stock Purchase Date, the Collateral Agent shall pay the portion of such proceeds and deliver the funds so wired, in an aggregate amount equal to the Purchase Price, to the Company on the Purchase Contract Date, and shall distribute any funds in respect of the interest earned from the Permitted Investments to the Purchase Contract Agent for payment to the Holders whose Purchase Contracts were settled prior to the Stock Purchase Date, as contemplated by this Section, on a pro rata basis.

Early Settlement; Merger Early Settlement; Cash Settlement. Upon written notice to the Collateral Agent by the Purchase Contract Agent that one or more Holders of Units Upper DECS or Stripped DECS have elected to effect Early Settlement, Merger Early Settlement or Cash Settlement of their respective obligations under the Purchase Contracts forming a part of such Units Upper DECS or Stripped DECS in accordance with the terms of the Purchase Contracts and the Purchase Contract Agreement (setting forth the number of such Purchase Contracts as to which such Holders have elected to effect Early Settlement, Merger Early Settlement or Cash Settlement), and that the Purchase Contract Agent has received from such Holders, and paid to the Company Company, as confirmed by written notice to the Collateral Agent in writing by the Company, the related Early Settlement Amounts, Merger Early Settlement Amounts or the Purchase Prices in the case of the Cash Settlement AmountsSettlement, as the case may be, pursuant to the terms of the Purchase Contracts and the Purchase Contract Agreement and that all conditions to such Early Settlement, Merger Early Settlement or Cash Settlement, as the case may be, have been satisfied, then the Collateral Agent shall release from the Pledge (a) Pledged Notes Notes, Pledged Treasury Consideration or Pledged Applicable Ownership Interest in the Treasury ConsiderationPortfolio, as the case may be, in the case of a Holder of Normal Units Upper DECS or (b) Pledged Treasury Securities, in the case of a Holder of Stripped UnitsDECS, identified by the Purchase Contract Agent as relating to such Purchase Contracts as to which such Holders have paid such elected to effect Early Settlement AmountsSettlement, Merger Early Settlement Amounts or Cash Settlement AmountsSettlement, and shall Transfer all such Pledged Notes, Pledged Treasury Consideration Consideration, Pledged Applicable Ownership Interest in the Treasury Portfolio or Pledged Treasury Securities, as the case may be, free and clear of the Pledge created hereby, to the Purchase Contract Agent for the benefit of the such Holders.

Early Settlement; Merger Early Settlement; Cash Settlement. Upon written notice to the Collateral Agent by the Purchase Contract Agent that one or more Holders of Units have elected to effect Early Settlement, Merger Early Settlement or Cash Settlement of their respective obligations under the Purchase Contracts forming a part of such Units in accordance with the terms of the Purchase Contracts and the Purchase Contract Agreement (setting forth the number of such Purchase Contracts as to which such Holders have elected to effect Early Settlement, Merger Early Settlement or Cash Settlement), and that the Purchase Contract Agent has received from such Holders, and paid to the Company as confirmed by written notice to the Collateral Agent in writing by the Company, the related Early Settlement Amounts, Merger Early Settlement Amounts or Cash Settlement Amounts, as the case may be, pursuant to the terms of the Purchase Contracts and the Purchase Contract Agreement and that all conditions to such Early Settlement, Merger Early Settlement or Cash Settlement, as the case may be, have been satisfied, then the Collateral Agent shall release from the Pledge (a) Pledged Notes or Pledged Treasury Consideration, as the case may be, in the case of a Holder of Normal Units or (b) Pledged Treasury Securities, in the case of a Holder of Stripped Units, identified by the Purchase Contract Agent as relating to such Purchase Contracts as to which such Holders have paid such elected to effect Early Settlement AmountsSettlement, Merger Early Settlement Amounts or Cash Settlement AmountsSettlement, and shall Transfer all such Pledged Notes, Pledged Treasury Consideration or Pledged Treasury Securities, as the case may be, free and clear of the Pledge to the Collateral Agent created hereby, to the Purchase Contract Agent for the benefit of the Holders.

Early Settlement; Merger Early Settlement; Cash Settlement. Upon written notice to the Collateral Agent by the Forward Purchase Contract Agent that one or more Holders of Units DECS have elected to effect Early Settlement, Merger Early Settlement or Cash Settlement of their respective obligations under the Forward Purchase Contracts forming a part of such Units DECS in accordance with the terms of the Forward Purchase Contracts and the Forward Purchase Contract Agreement (setting forth the number of such Forward Purchase Contracts as to which such Holders have elected to effect Early Settlement, Merger Early Settlement or Cash Settlement), and that the Forward Purchase Contract Agent has received from such Holders, and paid to the Company Company, as confirmed by written notice to the Collateral Agent in writing by the Company, the related Early Settlement Amounts, Merger Early Settlement Amounts or Cash Settlement Amounts, as the case may be, pursuant to the terms of the Forward Purchase Contracts and the Forward Purchase Contract Agreement and that all conditions to such Early Settlement, Merger Early Settlement or Cash Settlement, as the case may be, have been satisfied, then the Collateral Agent shall release from the Pledge (a) Pledged Notes Notes, Pledged Treasury Consideration or Pledged Applicable Ownership Interest in the Treasury ConsiderationPortfolio, as the case may be, in the case of a Holder of Normal Units Upper DECS or (b) Pledged Treasury Securities, in the case of a Holder of Stripped UnitsDECS, identified by the Purchase Contract Agent as relating to such Forward Purchase Contracts as to which such Holders have paid such elected to effect Early Settlement AmountsSettlement, Merger Early Settlement Amounts or Cash Settlement AmountsSettlement, and shall Transfer all such Pledged Notes, Pledged Treasury Consideration Consideration, Pledged Applicable Ownership Interest in the Treasury Portfolio or Pledged Treasury Securities, as the case may be, free and clear of the Pledge created hereby, to the Forward Purchase Contract Agent for the benefit of the such Holders.

Early Settlement; Merger Early Settlement; Cash Settlement. Upon written notice to the Collateral Agent by the Purchase Contract Agent that one or more Holders of Units have elected to effect Early Settlement, Merger Early Settlement or Cash Settlement of their respective obligations under the Purchase Contracts forming a part of such Units in accordance with the terms of the Purchase Contracts and the Purchase Contract Agreement (setting forth the number of such Purchase Contracts as to which such Holders have elected to effect Early Settlement, Merger Early Settlement or Cash Settlement), and that the Purchase Contract Agent has received from such Holders, and paid to the Company as confirmed by written notice to the Collateral Agent in writing by the Company, the related Early Settlement Amounts, Merger Early Settlement Amounts or Cash Settlement Amounts, as the case may be, pursuant to the terms of the Purchase Contracts and the Purchase Contract Agreement and that all conditions to such Early Settlement, Merger Early Settlement or Cash Settlement, as the case may be, have been satisfied, then the Collateral Agent shall release from the Pledge (a) Pledged Notes or Pledged Treasury Consideration, as the case may be, in the case of a Holder of Normal Units or (b) Pledged Treasury Securities, in the case of a Holder of Stripped Units, identified by the Purchase Contract Agent as relating to such Purchase Contracts as to which such Holders have paid such elected to effect Early Settlement AmountsSettlement, Merger Early Settlement Amounts or Cash Settlement AmountsSettlement, and shall Transfer all such Pledged Notes, Pledged Treasury Consideration or Pledged Treasury Securities, as the case may be, free and clear of the Pledge any lien, pledge or security interest created hereby, to the Purchase Contract Agent for the benefit of the Holders.

Early Settlement; Merger Early Settlement; Cash Settlement. (a) Upon written notice to the Collateral Agent by the Forward Purchase Contract Agent that one or more Holders of Units DECS have elected to effect Early Settlement, Merger Early Settlement or Cash Settlement of their respective obligations under the Forward Purchase Contracts forming a part of such Units DECS in accordance with the terms of the Forward Purchase Contracts and the Forward Purchase Contract Agreement (setting forth the number of such Forward Purchase Contracts as to which such Holders have elected to effect Early Settlement, Merger Early Settlement or Cash Settlement), and that the Forward Purchase Contract Agent has received from such Holders, and paid to the Company Company, as confirmed by written notice to the Collateral Agent in writing by the Company, the related Early Settlement Amounts, Merger Early Settlement Amounts or Cash Settlement Amounts, as the case may be, pursuant to the terms of the Forward Purchase Contracts and the Forward Purchase Contract Agreement and that all conditions to such Early Settlement, Merger Early Settlement or Cash Settlement, as the case may be, have been satisfied, then the Collateral Agent shall release from the Pledge (a) Pledged Notes Notes, Pledged Treasury Consideration or Pledged Applicable Ownership Interest in the Treasury ConsiderationPortfolio, as the case may be, in the case of a Holder of Normal Units Upper DECS or (b) Pledged Treasury Securities, in the case of a Holder of Stripped UnitsDECS, identified by the Purchase Contract Agent as relating to such Forward Purchase Contracts as to which such Holders have paid such elected to effect Early Settlement AmountsSettlement, Merger Early Settlement Amounts or Cash Settlement AmountsSettlement, and shall Transfer all such Pledged Notes, Pledged Treasury Consideration Consideration, Pledged Applicable Ownership Interest in the Treasury Portfolio or Pledged Treasury Securities, as the case may be, free and clear of the Pledge created hereby, to the Forward Purchase Contract Agent for the benefit of the such Holders.