Common use of Early Settlement Upon Merger Clause in Contracts

Early Settlement Upon Merger. (a) In the event of a merger or consolidation of the Company of the type described in clause (1) of Section 5.6(b) in which the Common Stock outstanding immediately prior to such merger or consolidation is exchanged for consideration consisting of at least 30% cash or cash equivalents (any such event a “Cash Merger”), then the Company (or the successor to the Company hereunder) shall be required to offer the Holder of each Equity Units or Stripped Equity Units, as the case may be, the right to settle the Forward Purchase Contract underlying such Equity Units or Stripped Equity Units, as the case may be, prior to the Stock Purchase Date (“Merger Early Settlement”) as provided herein. On or before the fifth Business Day after the consummation of a Cash Merger, the Company or, at the request and expense of the Company, the Agent, shall give all Holders notice of the occurrence of the Cash Merger and of the right of Merger Early Settlement arising as a result thereof. The Company shall also deliver a copy of such notice to the Agent and the Collateral Agent. Each such notice shall contain:

Early Settlement Upon Merger. (a) In the event of a merger or consolidation of the Company of the type described in clause (1) of Section 5.6(b) in which the Common Stock outstanding immediately prior to such merger or consolidation is exchanged for consideration consisting of at least 30% cash or cash equivalents (any such event a “"Cash Merger”"), then the Company (or the successor to the Company hereunder) shall be required to offer the Holder of each Equity Units Unit or Stripped Equity UnitsUnit, as the case may be, the right to settle the Forward Purchase Contract underlying such Equity Units or Stripped Equity Units, as the case may be, prior to the Stock Purchase Date (“"Merger Early Settlement”") as provided herein. On or before the fifth Business Day after the consummation of a Cash Merger, the Company or, at the request and expense of the Company, the Agent, shall give all Holders notice of the occurrence of the Cash Merger and of the right of Merger Early Settlement arising as a result thereof. The Company shall also deliver a copy of such notice to the Agent and the Collateral Agent. Each such notice shall contain:

Early Settlement Upon Merger. (a) In the event of a merger or consolidation of the Company of the type described in clause (1) of Section 5.6(b) in which the Common Stock outstanding immediately prior to such merger or consolidation is exchanged for consideration consisting of at least 30% cash or cash equivalents (any such event a “"Cash Merger”"), then the Company (or the successor to the Company hereunder) shall be required to offer the Holder of each Equity Units Upper DECS or Stripped Equity UnitsDECS, as the case may be, the right to settle the Forward Purchase Contract underlying such Equity Units Upper DECS or Stripped Equity UnitsDECS, as the case may be, prior to the Stock Purchase Date (“"Merger Early Settlement”") as provided herein. On or before the fifth Business Day after the consummation of a Cash Merger, the Company or, at the request and expense of the Company, the Agent, shall give all Holders notice of the occurrence of the Cash Merger and of the right of Merger Early Settlement arising as a result thereof. The Company shall also deliver a copy of such notice to the Agent and the Collateral Agent. Each such notice shall contain: