Common use of Extension of Exchange Date Clause in Contracts

Extension of Exchange Date. At its option, Counterparty may, by notice given to the Trust not earlier than [ ], 2004 and not later than [ ], 2004 elect to extend the Exchange Date to [ ], 2005; [provided, however, that Counterparty hereby waives its right to extend the Exchange Date hereunder and agrees to be bound by the decision Holdings makes with respect to extension of the Exchange Date pursuant to Section 1.3(f) of the Holdings Forward Contract]. Any such extension shall be effective (i) only in connection with a Rollover Offering as to which [the Counterparty] [Holdings] shall have duly made a Rollover Offering Election and (ii) only if Counterparty shall have delivered to the Collateral Agent, in pledge under the Collateral Agreement direct obligations of the United States of America which through the scheduled payment of principal and interest in accordance with their terms will provide, not later than one Business Day before [ ], 2005, cash in an amount equal to not less than the Extension Amount (the "Additional Government Securities"). Unless [Counterparty] [Holdings] has duly elected, in connection with a Rollover Offering, to accelerate the Exchange Date in accordance with Section 1.3(g) hereof, Counterparty shall on such extended Exchange Date pay to the Trust by wire transfer of Federal (immediately available same-day) funds an amount equal to the Extension Amount. In addition, Counterparty hereby covenants and agrees to take all other actions necessary to cause the Trust to be a protected purchaser of such Additional Government Securities, within the meaning of Article 8 of the New York Uniform Commercial Code, as amended. If Counterparty elects to extend the Exchange Date and so notifies the Trust, the Trust shall promptly notify the Depository Trust Company and publish a notice in a daily newspaper of national circulation stating that the Counterparty has elected to extend the Exchange Date.

Extension of Exchange Date. At its option, Counterparty Seller may, by notice given to the Trust Purchaser not earlier than [ ], 2004 2005 and not later than [ ], 2004 2005 elect to extend the Exchange Date to [ ], 2005; [provided, however, provided that Counterparty hereby waives its right to extend the Exchange Date hereunder and agrees to be bound by the decision Holdings makes with respect to extension of the Exchange Date pursuant to Section 1.3(f) of the Holdings Forward Contract]. Any such extension shall be effective (i) only in connection with a Rollover Offering as to which [the Counterparty] [Holdings] Seller shall have duly made a Rollover Offering Election and (ii) only if Counterparty Seller shall have delivered to the Collateral Agent, in pledge under the Collateral Agreement direct obligations of the United States of America which through the scheduled payment of principal and interest in accordance with their terms will provide, not later than one Business Day before [ ], 2005, cash money in an amount equal to not less than the Extension Amount (the "Additional Government SecuritiesADDITIONAL GOVERNMENT SECURITIES"). Unless [Counterparty] [Holdings] Seller has duly elected, in connection with a Rollover Offering, to accelerate the Exchange Date in accordance with Section 1.3(g) hereof, Counterparty Seller shall on such extended Exchange Date pay to the Trust Purchaser by wire transfer of Federal (immediately available same-day) funds an amount equal to not less than the Extension Amount. In addition, Counterparty Seller hereby covenants and agrees to take all other actions necessary to cause the Trust Purchaser to be a protected purchaser of such Additional Government Securities, within the meaning of Article 8 of the New York Uniform Commercial Code, as amended. If Counterparty Seller elects to extend the Exchange Date and so notifies the TrustPurchaser, the Trust Purchaser shall promptly notify the Depository Trust Company and publish a notice in a daily newspaper of national circulation stating that the Counterparty Seller has elected to extend the Exchange Date.

Extension of Exchange Date. At its option, Counterparty may, by notice given to the Trust not earlier than [ ]August 16, 2004 and not later than [ ]October 15, 2004 elect to extend the Exchange Date to [ ]February 15, 2005; [provided, however, that Counterparty hereby waives its right to extend the Exchange Date hereunder and agrees to be bound by the decision Holdings makes with respect to extension of the Exchange Date pursuant to Section 1.3(f) of the Holdings Forward Contract]. Any such extension shall be effective (i) only in connection with a Rollover Offering as to which [the Counterparty] [Holdings] Holdings shall have duly made a Rollover Offering Election and (ii) only if Counterparty shall have delivered to the Collateral Agent, in pledge under the Collateral Agreement Agreement, (A) direct obligations of the United States of America which through the scheduled payment of principal and interest in accordance with their terms will provide, not later than one Business Day before [ ]February 15, 2005, cash in an amount equal to not less than the Extension Amount (the "Additional Government Securities")) or an equivalent amount of Cash Equivalents. Unless [Counterparty] [Holdings] Holdings has duly elected, in connection with a Rollover Offering, to accelerate the Exchange Date in accordance with Section 1.3(g) hereof, Counterparty shall on such extended Exchange Date pay to the Trust by wire transfer of Federal (immediately available same-day) funds an amount equal to the Extension Amount. In addition, Counterparty hereby covenants and agrees to take all other actions necessary to cause the Trust to be a protected purchaser of such Additional Government Securities, within the meaning of Article 8 of the New York Uniform Commercial Code, as amended. If Counterparty elects to extend the Exchange Date and so notifies the Trust, the Trust shall promptly notify the Depository Trust Company and publish a notice in a daily newspaper of national circulation stating that the Counterparty has elected to extend the Exchange Date.

Extension of Exchange Date. At its option, Counterparty Seller may, by notice given to the Trust Purchaser not earlier than [ ], 2004 2002 and not later than [ ], 2004 2002, elect to extend the Exchange Date to [ ], 2005; [provided2003, however, provided that Counterparty hereby waives its right to extend the Exchange Date hereunder and agrees to be bound by the decision Holdings makes with respect to extension of the Exchange Date pursuant to Section 1.3(f) of the Holdings Forward Contract]. Any such extension shall be effective (i) only in connection with a Rollover Offering as to which [the Counterparty] [Holdings] Seller shall have duly made a Rollover Offering Election and Election, (ii) only if Counterparty Seller shall have delivered to the Collateral Agent, in pledge under the Collateral Agreement direct obligations of the United States of America or other Cash Equivalents which through the scheduled payment of principal and interest in accordance with their terms will provide, not later than one Business Day before [ ], 20052003, cash money in an amount equal to not less than the Extension Amount (the "Additional Government SecuritiesADDITIONAL GOVERNMENT SECURITIES")) (or, if Seller is exercising the extension option as to less than all of the Contract Shares, a proportion of the Extension Amount equal to the proportion of the Contract Shares as to which Seller is exercising the extension option) and (iii) only if each Other Rollover Seller, if any, has previously or simultaneously elected to extend the Exchange Date (as such term is defined in the forward purchase agreement dated as of the date hereof between such Other Seller and the Purchaser) to the same date as is elected by the Seller hereunder. Unless [Counterparty] [Holdings] Seller has duly elected, in connection with a Rollover Offering, to accelerate the Exchange Date in accordance with Section 1.3(g) hereof, Counterparty Seller shall on such extended Exchange Date pay to the Trust Purchaser by wire transfer of Federal (immediately available same-day) funds an amount not less than the Extension Amount (or, if Seller is exercising the extension option as to less than all of the Contract Shares, a proportion of the Extension Amount equal to the Extension Amountproportion of the Contract Shares as to which Seller is exercising the extension option). In addition, Counterparty Seller hereby covenants and agrees to take all other actions necessary to cause the Trust Purchaser to be a protected purchaser of such Additional Government SecuritiesSecurities and Cash Equivalents, within the meaning of Article 8 of the New York Uniform Commercial Code, as amended. If Counterparty Seller elects to extend the Exchange Date and so notifies the TrustPurchaser, the Trust Purchaser shall promptly notify the Depository Trust Company and publish a notice in a daily newspaper of national circulation stating that the Counterparty Seller has elected to extend the Exchange Date.