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 (i) of Section 506(b) in which the Shares outstanding immediately prior to such merger or consolidation are 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 Unit the right to settle the Purchase Contract underlying such Unit 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 Purchase Contract Agent shall give all Holders notice, in the manner provided in Section 105, 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 Purchase Contract 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 (i) of Section 506(b) in which the Shares outstanding immediately prior to such merger or consolidation are 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 Unit the right to settle the Purchase Contract underlying such Unit prior to the Stock Share 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 Purchase Contract Agent shall give all Holders notice, in the manner provided in Section 105, 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 Purchase Contract 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 (i) of Section 506(b5.6(b) in which the Shares Common Stock outstanding immediately prior to such merger or consolidation are 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 Unit Income PRIDES the right to settle the Purchase Contract underlying such Unit Income PRIDES prior to the Stock Purchase Contract Settlement 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 written request and expense of the Company, the Purchase Contract Agent shall give all Holders notice, in the manner provided in Section 1051.6, 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 Purchase Contract 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 TECO of the type described in clause (i) of Section 506(b5.4(b) in which the Shares Common Stock outstanding immediately prior to such merger or consolidation are is exchanged for consideration consisting of at least 30% cash or cash equivalents (any such event a "Cash Merger"), then the Company TECO (or the successor to the Company TECO hereunder) shall be required to offer the Holder of each Unit the right to settle the Purchase Contract underlying such Unit prior to the Stock Purchase Contract Settlement Date ("Merger Early Settlement") as provided herein. On or before the fifth Business Day after the consummation of a Cash Merger the Company Merger, TECO or, at the request and expense of the CompanyTECO, the Purchase Contract Agent Agent, shall give all Holders notice, in the manner provided in Section 105, notice of the occurrence of the Cash Merger and of the right of Merger Early Settlement arising as a result thereof. The Company TECO shall also deliver a copy of such notice to the Purchase Contract 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 (i) of Section 506(b5.5(b) in which the Shares Common Stock outstanding immediately prior to such merger or consolidation are 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 Unit Income PRIDES the right to settle the Purchase Contract underlying such Unit Income PRIDES prior to the Stock Purchase Contract Settlement 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 written request and expense of the Company, the Purchase Contract Agent shall give all Holders notice, in the manner provided in Section 1051.6, 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 Purchase Contract Agent and the Collateral Agent.] [Each such notice shall contain:result

Early Settlement Upon Merger. [(a) In the event of a merger or consolidation of the Company of the type described in clause (i) of Section 506(b5.4(b) in which the Shares Common Stock outstanding immediately prior to such merger or consolidation are 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 Unit the right to settle the Purchase Contract underlying such Unit 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 Merger, the Company or, at the request and expense of the Company, the Purchase Contract Agent Agent, shall give all Holders notice, in the manner provided in Section 105, 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 Purchase Contract 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 (i) of Section 506(b) in which the Common Shares outstanding immediately prior to such merger or consolidation are 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 Unit the right to settle the Purchase Contract underlying such Unit 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 Purchase Contract Agent shall give all Holders notice, in the manner provided in Section 105, 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 Purchase Contract Agent and the Collateral Agent.] [. Each such notice shall contain: