Common use of Effective Date; Pooling Clause in Contracts

Effective Date; Pooling. This Agreement shall become effective as of the date set forth above. In the event that the Company is party to an agreement with respect to a transaction that is intended to qualify for "pooling of interests" accounting t r eatment, then (A) this Agreement shall, to the extent practicable, be interpreted so as to permit such accounting treatment, and (B) to the extent that the application of clause (A) of this Section 13 does not preserve the availability of such accounting treatment, then the Company shall have the unilateral right to amend this Agreement to the extent necessary to enable the Company s accountants to issue a "pooling" opinion with respect to such transaction, and any such amendment shall be effective as of the date hereof. If this letter sets forth our agreement on the subject matter hereof, kindly sign and return to the Company the enclosed copy of this letter which will then constitute our agreement on this subject. Sincerely, TECO Energy, Inc. By_________________________________ Name: Xxxxxx X. Xxxxxxxx Title: CEO and Chairman of the Board Agreed to this _______ day of __________________, 1998. ______________________________

Effective Date; Pooling. This Agreement shall become effective as of the date set forth above. In the event that the Company is party to an agreement with respect to a transaction that is intended to qualify for "pooling of interests" accounting t r eatmenttreatment, then (A) this Agreement shall, to the extent practicable, be interpreted so as to permit such accounting treatment, and (B) to the extent that the application of clause (A) of this Section 13 does not preserve the availability of such accounting treatment, then the Company shall have the unilateral right to amend this Agreement to the extent necessary to enable the Company s Company's accountants to issue a "pooling" opinion with respect to such transaction, and any such amendment shall be effective as of the date hereof. If this letter sets forth our agreement on the subject matter hereof, kindly sign and return to the Company the enclosed copy of this letter which will then constitute our agreement on this subject. Sincerely, TECO Energy, Inc. By_________________________________ By /s/ -------------------------------------- Name: Xxxxxx Rogex X. Xxxxxxxx Xxxx Title: CEO and Chairman of the Board Vice President-Human Resources Agreed to this _______ day of __________________, 19982000. _______________________________ Signature

Effective Date; Pooling. This Agreement shall become effective as of the date set forth above. In the event that the Company is party to an agreement with respect to a transaction that is intended to qualify for "pooling of interests" accounting t r eatmenttreatment, then (A) this Agreement shall, to the extent practicable, be interpreted so as to permit such accounting treatment, and (B) to the extent that the application of clause (A) of this Section 13 does not preserve the availability of such accounting treatment, then the Company shall have the unilateral right to amend this Agreement to the extent necessary to enable the Company s Company's accountants to issue a "pooling" opinion with respect to such transaction, and any such amendment shall be effective as of the date hereof. If this letter sets forth our agreement on the subject matter hereof, kindly sign and return to the Company the enclosed copy of this letter which will then constitute our agreement on this subject. Sincerely, TECO Energy, Inc. By_________________________________ By /s/ ------------------------------------- Name: Xxxxxx Rogex X. Xxxxxxxx Xxxx Title: CEO and Chairman of the Board Vice President-Human Resources Agreed to this _______ day of __________________, 19982000. _______________________________ Signature