Common use of Exchange of Stripped APEX and Capital APEX for Normal APEX and Qualifying Treasury Securities Clause in Contracts

Exchange of Stripped APEX and Capital APEX for Normal APEX and Qualifying Treasury Securities. (a) On each occasion on which a Holder of Stripped APEX and Capital APEX exercises its rights pursuant to Sections 5.13(d) of the Declaration of Trust to exchange Stripped APEX and Capital APEX for Normal APEX and Qualifying Treasury Securities by, during any Exchange Period, Transferring the Stripped APEX and the Capital APEX being Exchanged to the Securities Registrar and delivering a duly executed and completed Recombination Notice and Request to the Securities Registrar and Collateral Agent (x) stating that the Holder is Transferring the related Stripped APEX and Capital APEX to the Securities Registrar in connection with the Exchange of such Stripped APEX and Capital APEX for a Like Amount of each of Normal APEX and Pledged Treasury Securities, (y) requesting the Collateral Agent to release from the Pledge and deliver to the Holder Pledged Treasury Securities in a principal amount equal to the Liquidation Amount of each of the Stripped APEX and Capital APEX being exchanged, and (z) requesting the Securities Registrar to deliver to the Holder Normal APEX of a Like Amount. (b) Upon the Transfer pursuant to Section 6.03(a) and receipt of the notice and request referred to in Section 6.03(a): (i) the Custodial Agent will Transfer a Like Amount of Notes from the Custody Account to the Collateral Account in substitution for such Pledged Treasury Securities; (ii) the Collateral Agent will be deemed to accept the Notes Transferred by the Custodial Agent pursuant to clause (i) as Collateral subject to the Pledge; (iii) the Collateral Agent will release Pledged Treasury Securities of a Like Amount from the Pledge and deliver such Qualifying Treasury Securities to the Holder free and clear of the Company’s security interest therein, and confirm in writing to the Property Trustee that such release and Transfer has occurred; and (iv) the Securities Registrar, pursuant to the procedures provided for in Section 5.11 of the Declaration of Trust dealing with increasing and decreasing the number of Trust Preferred Securities evidenced by Book-Entry Trust Preferred Securities Certificates, shall cancel the number of Stripped APEX and Capital APEX delivered pursuant to Section 6.03(a) and deliver a Like Amount of Normal APEX to the Holder, all by making appropriate notations on the Book-Entry Trust Preferred Securities Certificates of the appropriate Class. (c) The substitution of Notes for financial assets held in the Collateral Account pursuant to this Section 6.03, shall not constitute a novation of the security interest created hereby.

Exchange of Stripped APEX and Capital APEX for Normal APEX and Qualifying Treasury Securities. (a) On each occasion on which a Holder of Stripped APEX and Capital APEX exercises its rights pursuant to Sections 5.13(d) of the Declaration of Trust Agreement to exchange Stripped APEX and Capital APEX for Normal APEX and Qualifying Treasury Securities by, during any Exchange Period, Transferring the Stripped APEX and the Capital APEX being Exchanged to the Securities Registrar and delivering a duly executed and completed Recombination Notice and Request to the Securities Registrar and Collateral Agent (x) stating that the Holder is Transferring the related Stripped APEX and Capital APEX to the Securities Registrar in connection with the Exchange of such Stripped APEX and Capital APEX for a Like Amount of each of Normal APEX and Pledged Treasury Securities, (y) requesting the Collateral Agent to release from the Pledge and deliver to the Holder Pledged Treasury Securities in a principal amount equal to the Liquidation Amount of each of the Stripped APEX and Capital APEX being exchanged, and (z) requesting the Securities Registrar to deliver to the Holder Normal APEX of a Like Amount. (b) Upon the Transfer pursuant to Section 6.03(a) and receipt of the notice and request referred to in Section 6.03(a):: (i) the Custodial Agent will shall Transfer a Like Amount of Notes from the Custody Account to the Collateral Account in substitution for such Pledged Treasury Securities; (ii) the Collateral Agent will shall be deemed to accept the Notes Transferred by the Custodial Agent pursuant to clause (i) as Collateral subject to the Pledge;; and (iii) the Collateral Agent will shall release Pledged Treasury Securities of a Like Amount from the Pledge and deliver such Qualifying Treasury Securities to the Holder free and clear of the Company’s security interest therein, and confirm in writing to the Property Trustee that such release and Transfer has occurred; and (iv) and the Securities Registrar, pursuant to the procedures provided for in Section 5.11 of the Declaration of Trust Agreement dealing with increasing and decreasing the number of Trust Preferred Securities evidenced by Book-Entry Trust Preferred Securities Certificates, shall cancel the number of Stripped APEX and Capital APEX delivered pursuant to Section 6.03(a) and deliver a Like Amount of Normal APEX to the Holder, all by making appropriate notations on the Book-Entry Trust Preferred Securities Certificates of the appropriate ClassSeries. (cb) The substitution of Notes for financial assets held in the Collateral Account pursuant to this Section 6.03, shall not constitute a novation of the security interest created hereby.

Exchange of Stripped APEX and Capital APEX for Normal APEX and Qualifying Treasury Securities. (a) On each occasion on which a Holder of Stripped APEX and Capital APEX exercises its rights pursuant to Sections 5.13(d) of the Declaration of Trust Agreement to exchange Stripped APEX and Capital APEX for Normal APEX and Qualifying Treasury Securities by, during any Exchange Period, Transferring the Stripped APEX and the Capital APEX being Exchanged to the Securities Registrar and delivering a duly executed and completed Recombination Notice and Request to the Securities Registrar and Collateral Agent (x) stating that the Holder is Transferring the related Stripped APEX and Capital APEX to the Securities Registrar in connection with the Exchange of such Stripped APEX and Capital APEX for a Like Amount of each of Normal APEX and Pledged Treasury Securities, (y) requesting the Collateral Agent to release from the Pledge and deliver to the Holder Pledged Treasury Securities in a principal amount equal to the Liquidation Amount of each of the Stripped APEX and Capital APEX being exchanged, and (z) requesting the Securities Registrar to deliver to the Holder Normal APEX of a Like Amount. (b) Upon , the Transfer pursuant to Section 6.03(a) and receipt of the notice and request referred to in Section 6.03(a):Custodial Agent shall: (i) the Custodial Agent will Transfer a Like Amount of Notes Junior Subordinated Debentures from the Custody Account to the Collateral Account in substitution for such Pledged Treasury Securities; (ii) the Collateral Agent will be deemed to accept the Notes Junior Subordinated Debentures Transferred by the Custodial Agent pursuant to clause (i) as Collateral subject to the Pledge;; and (iii) the Collateral Agent will release Pledged Treasury Securities of a Like Amount from the Pledge and deliver such Qualifying Treasury Securities to the Holder free and clear of the Company’s security interest therein, and confirm in writing to the Property Trustee that such release and Transfer has occurred; and (iv) and the Securities Registrar, pursuant to the procedures provided for in Section 5.11 of the Declaration of Trust Agreement dealing with increasing and decreasing the number of Trust Preferred Capital Securities evidenced by Book-Entry Trust Preferred Capital Securities Certificates, shall cancel the number of Stripped APEX and Capital APEX delivered pursuant to Section 6.03(a) and deliver a Like Amount of Normal APEX to the Holder, all by making appropriate notations on the Book-Entry Trust Preferred Capital Securities Certificates of the appropriate ClassSeries. (cb) The substitution of Notes Junior Subordinated Debentures for financial assets held in the Collateral Account pursuant to this Section 6.03, shall not constitute a novation of the security interest created hereby.