Common use of Interim Settlements Clause in Contracts

Interim Settlements. Within 5 Business Days following each Reset Date of the type referred to in clause (i) of the definition of Reset Date, the Companies shall (i) deliver the Interim Settlement Amount, if any, in Interim Settlement Shares to MLI. Interim Settlement Shares shall be the subject of a registration statement covering any sale of such Interim Settlement Shares by MLPF&S that has been declared effective under the Securities Act by the Commission (an "Effective Registration Statement"). Interim Settlement Shares shall be registered in the stock register of the Companies as instructed by MLI and shall be held by MLPF&S or a custodian or depository designated by MLPF&S. If the Companies are unable to deliver Interim Settlement Shares in accordance with the preceding sentence, the Companies shall deliver "restricted" Interim Settlement Shares that are not the subject of an Effective Registration Statement in an amount equal to the Interim Settlement Amount. If the Interim Settlement Shares are not the subject of an Effective Registration Statement, the Companies shall deliver additional Interim Settlement Shares equal to 20% of the Interim Settlement Shares. At 44 such time as the Interim Settlement Shares are the subject of an Effective Registration Statement, the Companies may elect to have returned all additional Interim Settlement Shares - delivered pursuant to the preceding sentence. On any Reset Date, if Interim Settlement Shares are held by MLI, MLI shall deliver to the Companies within five (5) Business Days after such Reset Date, the amount in Interim Settlement Shares by which the amount in Interim Settlement Shares held by MLI (valued at the Closing Price on such Reset Date) plus any cash amounts in the collateral account exceeds the Interim Settlement Amount (or 120% of the Interim Settlement Amount, in the event that MLI holds restricted Interim Settlement Shares that are not the subject of an Effective Registration Statement). Distributions on the Interim Settlement Shares will be deposited in a collateral account at MLPF&S or a custodian or depositary designated by MLPF&S. All Interim Settlement Shares will be, when delivered, duly authorized, validly issued, fully paid and non-assessable. Interim Settlement Shares shall not be voted by MLI or MLPF&S. All distributions received in respect of the Interim Settlement Shares shall be held in the collateral account at MLPF&S or a depositary designated by MLPF&S. The cash amounts in the collateral account will be immediately returned to the Companies by MLI, but should MLI fail to return any cash amounts in the collateral account, such cash amounts will earn interest at the USD LIBOR rate having a designated maturity of three months. Upon final Settlement, MLI shall immediately release all claims to cash held in the collateral account, if any (including interest earned thereon), and Interim Settlement Shares and deliver such amounts and all Interim Settlement Shares to the Companies.

Interim Settlements. Within 5 Business Days following each Reset Date of the type referred to in clause (i) of the definition of Reset Date, the Companies Company shall (i) deliver the Interim Settlement Amount, if any, Amount in Interim Settlement Shares issued pursuant to MLI. Interim Settlement Shares shall be the subject of a an effective registration statement covering any sale of such Interim Settlement Shares to MLI or its agent for deposit in a collateral account at MLPF&S or a custodian or depository designated by MLPF&S that has been declared effective under the Securities Act by the Commission (an "Effective Registration Statement"). Interim Settlement Shares MLPF&S. Such shares shall be registered in the stock register of the Companies as instructed by MLI and shall be held by MLPF&S or a custodian or depository designated by MLPF&S. If the Companies are Company is unable to deliver Interim Settlement Shares in accordance with the preceding sentence, the Companies Company shall deliver "restricted" Interim Settlement Shares that are not the subject of a resale registration statement that has been declared effective under the Securities Act by the Commission (an "Effective Resale Registration Statement Statement") in an amount equal to the Interim Settlement Amount. If the restricted Interim Settlement Shares are not the subject of an Effective Resale Registration Statement, the Companies Company shall deliver additional Interim Settlement Shares equal to 2050% of the Interim Settlement SharesAmount. At 44 such time as the Interim Settlement Shares are the subject of an Effective Resale Registration Statement, the Companies Company may elect to have returned all additional Interim Settlement Shares - delivered pursuant to the preceding sentence. On any Reset Date, if Interim Settlement Shares are held by MLI, MLI shall deliver to the Companies within five (5) Business Days after such Reset Date, the amount in Interim Settlement Shares by which the amount in Interim Settlement Shares held by MLI (valued at the Closing Price on such Reset Date) plus any cash amounts in the collateral account exceeds the Interim Settlement Amount (or 120% of the Interim Settlement Amount, in the event that MLI holds restricted Interim Settlement Shares that are not the subject of an Effective Registration Statement). Distributions on the Interim Settlement Shares will be deposited in a the collateral account at MLPF&S or a custodian or depositary designated by MLPF&S. All Interim Settlement Shares will be, when delivered, duly authorized, validly issued, fully paid and non-assessable. Interim Settlement Shares shall not be voted by MLI or MLPF&S. All distributions received in respect of the Interim Settlement Shares shall be held in the collateral account at MLPF&S or a depositary depository designated by MLPF&S. The cash amounts in the collateral account will be immediately returned to the Companies by MLI, but should MLI fail to return any cash amounts in the collateral account, such cash amounts will earn interest at the USD LIBOR rate having a designated maturity of three months1 month plus 75 basis points. Upon final Settlement, MLI shall immediately release all claims to cash and Interim Settlement Shares held in the collateral account, if any account (including interest earned thereon), and Interim Settlement Shares ) and deliver such amounts and all Interim Settlement Shares to the CompaniesCompany.

Interim Settlements. Within 5 Business Days following each Reset Date of the type referred to in clause (i) of the definition of Reset Date, the Companies shall (i) deliver the Interim Settlement Amount, if any, in Interim Settlement Shares to MLILBF. Interim Settlement Shares shall be the subject of a registration statement covering any sale of such Interim 38 Settlement Shares by MLPF&S LBI that has been declared effective under the Securities Act by the Commission (an "Effective Registration Statement"). Interim Settlement Shares shall be registered in the stock register of the Companies as instructed by MLI LBF and shall be held by MLPF&S LBI or a custodian or depository designated by MLPF&S. LBI. If the Companies are unable to deliver Interim Settlement Shares in accordance with the preceding sentence, the Companies shall deliver "restricted" Interim Settlement Shares that are not the subject of an Effective Registration Statement in an amount equal to the Interim Settlement Amount. If the Interim Settlement Shares are not the subject of an Effective Registration Statement, the Companies shall deliver additional Interim Settlement Shares equal to 20% of the Interim Settlement Shares. At 44 such time as the Interim Settlement Shares are the subject of an Effective Registration Statement, the Companies may elect to have returned all additional Interim Settlement Shares - delivered pursuant to the preceding sentence. On any Reset Date, if Interim Settlement Shares are held by MLILBF, MLI LBF shall deliver to the Companies within five (5) Business Days after such Reset Date, the amount in Interim Settlement Shares by which the amount in Interim Settlement Shares held by MLI LBF (valued at the Closing Price on such Reset Date) plus any cash amounts in the collateral account exceeds the Interim Settlement Amount (or 120% of the Interim Settlement Amount, in the event that MLI LBF holds restricted Interim Settlement Shares that are not the subject of an Effective Registration Statement). Distributions on the Interim Settlement Shares will be deposited in a collateral account at MLPF&S LI or a custodian or depositary designated by MLPF&S. LBI. All Interim Settlement Shares will be, when delivered, duly authorized, validly issued, fully paid and non-assessable. Interim Settlement Shares shall not be voted by MLI LBF or MLPF&S. LBI. All distributions received in respect of the Interim Settlement Shares shall be held in the collateral account at MLPF&S LBI or a depositary designated by MLPF&S. LBI. The cash amounts in the collateral account will be immediately returned to the Companies by MLILBF, but should MLI LBF fail to return any cash amounts in the collateral account, such cash amounts will earn interest at the USD LIBOR rate having a designated maturity of three months. Upon final Settlement, MLI LBF shall immediately release all claims to cash held in the collateral account, if any (including interest earned thereon), and Interim Settlement Shares and deliver such amounts and all Interim Settlement Shares to the Companies.

Interim Settlements. Within 5 Business Days following each Reset Date of the type referred to in clause (i) of the definition of Reset Date, the Companies shall (i) deliver the Interim Settlement Amount, if any, in Interim Settlement Shares to MLINMSSI. Interim Settlement Shares shall be the subject of a registration statement covering any sale of such Interim Settlement Shares by MLPF&S NMSSI that has been declared effective under the Securities Act by the Commission (an "Effective Registration Statement"). Interim Settlement Shares shall be registered in the stock register of the Companies as instructed by MLI NMSSI and shall be held by MLPF&S NMS or a custodian or depository designated by MLPF&S. NMS. If the Companies are unable to deliver Interim Settlement Shares in accordance with the preceding sentence, the Companies shall deliver "restricted" Interim Settlement Shares that are not the subject 43 of an Effective Registration Statement in an amount equal to the Interim Settlement Amount. If the Interim Settlement Shares are not the subject of an Effective Registration Statement, the Companies shall deliver additional Interim Settlement Shares equal to 20% of the Interim Settlement Shares. At 44 such time as the Interim Settlement Shares are the subject of an Effective Registration Statement, the Companies may elect to have returned all additional Interim Settlement Shares - delivered pursuant to the preceding sentence. On any Reset Date, if Interim Settlement Shares are held by MLINMSSI, MLI NMSSI shall deliver to the Companies within five (5) Business Days after such Reset Date, the amount in Interim Settlement Shares by which the amount in Interim Settlement Shares held by MLI NMSSI (valued at the Closing Price on such Reset Date) plus any cash amounts in the collateral account exceeds the Interim Settlement Amount (or 120% of the Interim Settlement Amount, in the event that MLI NMSSI holds restricted Interim Settlement Shares that are not the subject of an Effective Registration Statement). Distributions on the Interim Settlement Shares will be deposited in a collateral account at MLPF&S NMS or a custodian or depositary designated by MLPF&S. NMS. All Interim Settlement Shares will be, when delivered, duly authorized, validly issued, fully paid and non-assessable. Interim Settlement Shares shall not be voted by MLI NMSSI or MLPF&S. NMS. All distributions received in respect of the Interim Settlement Shares shall be held in the collateral account at MLPF&S NMS or a depositary designated by MLPF&S. NMS. The cash amounts in the collateral account will be immediately returned to the Companies by MLINMSSI, but should MLI NMSSI fail to return any cash amounts in the collateral account, such cash amounts will earn interest at the USD LIBOR rate having a designated maturity of three months. Upon final Settlement, MLI NMSSI shall immediately release all claims to cash held in the collateral account, if any (including interest earned thereon), and Interim Settlement Shares and deliver such amounts and all Interim Settlement Shares to the Companies.

Interim Settlements. Within 5 Business Days following each Reset Date of the type referred to in clause (i) of the definition of Reset Date, the Companies Company shall (i) deliver the Interim Settlement Amount, if any, Amount in Interim Settlement Shares issued pursuant to MLI. an effective registration statement and freely saleable without further action under the Securities Act to MLPF&S or its agent for deposit in a collateral account in the name of the Company at MLPF&S or a custodian or depository designated by MLPF&S. Such shares shall be registered in the stock register of the Company as instructed by MLPF&S and shall be held by MLPF&S or a custodian or depository designated by MLPF&S. If the Company is unable to deliver Interim Settlement Shares in accordance with the preceding sentence, the Company shall be deliver "restricted" Interim Settlement Shares that are the subject of a resale registration statement covering any sale of such Interim Settlement Shares by MLPF&S that has been declared effective under the Securities Act by the Commission (an "Effective Resale Registration Statement"). Interim Settlement Shares shall be registered in the stock register of the Companies as instructed by MLI and shall be held by MLPF&S or a custodian or depository designated by MLPF&S. If the Companies are unable to deliver Interim Settlement Shares in accordance with the preceding sentence, the Companies shall deliver "restricted" Interim Settlement Shares that are not the subject of an Effective Registration Statement ) in an amount equal to the Interim Settlement Amount. If the restricted Interim Settlement Shares are not the subject of an Effective Resale Registration Statement, the Companies Company shall deliver additional Interim Settlement Shares equal to 2050% of the Interim Settlement SharesAmount. At 44 such time as the Interim Settlement Shares are the subject of an Effective Resale Registration Statement, the Companies Company may elect to have returned all additional Interim Settlement Shares - delivered pursuant to the preceding sentence. On any Reset Date, if Interim Settlement Shares are held by MLIMLPF&S, MLI MLPF&S shall deliver to the Companies Company within five (5) Business Days after such Reset Date, Date the amount in Interim Settlement Shares by which the amount in Interim Settlement Shares held by MLI MLPF&S (valued at the Closing Price on such Reset Date) plus any cash amounts in the collateral account exceeds the Interim Settlement Amount (or 120150% of the Interim Settlement Amount, in the event that MLI MLPF&S holds restricted Interim Settlement Shares that are not the subject of an Effective Registration Statement). Distributions on the Interim Settlement Shares will be deposited in a the collateral account at MLPF&S or a custodian or depositary designated by MLPF&S. All Interim Settlement Shares will be, when delivered, duly authorized, validly issued, fully paid and non-assessable. Interim Settlement Shares shall not be voted by MLI or MLPF&S. All distributions received in respect of the Interim Settlement Shares shall be held in the collateral account at MLPF&S or a depositary depository designated by MLPF&S. The cash amounts in the collateral account will be immediately returned to the Companies by MLI, but should MLI fail to return any cash amounts in the collateral account, such cash amounts will earn interest at the USD LIBOR rate having a designated maturity of three months1 month plus the Spread. Upon final Settlement, MLI MLPF&S shall immediately release all claims to cash and Interim Settlement Shares held in the collateral account, if any account (including interest earned thereon), and Interim Settlement Shares ) and deliver such amounts and all Interim Settlement Shares to the CompaniesCompany.

Interim Settlements. Within 5 Business Days following each Reset Date of the type referred to in clause (i) of the definition of Reset Date, the Companies shall (i) deliver the Interim Settlement Amount, if any, Amount in Interim Settlement Shares to MLI. MLI or its agent for deposit in a collateral account in the name of the Company at MLPF&S or a custodian or depository designated by MLPF&S. Interim Settlement Shares delivered after the fifth Business Day following the termination of the Settlement Restriction Period shall be the subject of a registration statement covering any sale of such Interim interim Settlement Shares by MLPF&S that has been declared effective under the Securities Act by the Commission (an "Effective Registration Statement"). ) Interim Settlement Shares shall be registered in the stock register of the Companies as instructed by MLI and shall be held by MLPF&S or a custodian or depository designated by MLPF&S. If the Companies are is unable to deliver Interim Settlement Shares in accordance with the preceding sentence, the Companies shall deliver "restricted" Interim Settlement Shares that are not the subject of an Effective Registration Statement in an amount equal to the Interim Settlement Amount. If the restricted Interim Settlement Shares are not the subject of an Effective Registration StatementStatement required by the preceding sentence, the Companies shall deliver additional Interim Settlement Shares equal to 2050% of the Interim Settlement SharesAmount. At 44 such time as the Interim Settlement Shares are the subject of an Effective Registration Statement, the Companies may elect to have returned all additional Interim Settlement Shares - delivered pursuant to the preceding sentence. On any Reset Date, if Interim Settlement Shares are held by MLI, MLI shall deliver to the Companies within five (5) Business Days after such Reset Date, the amount in Interim Settlement Shares by which the amount in Interim Settlement Shares held by MLI (valued at the Closing Price on such Reset Date) plus any cash amounts in the collateral account exceeds the Interim Settlement Amount (or 120150% of the Interim Settlement Amount, in the event that MLI holds restricted Interim Settlement Shares that are not the subject of an Effective Registration Statement). Distributions on the Interim Settlement Shares will be deposited in a the collateral account at MLPF&S or a custodian or depositary designated by MLPF&S. All Interim Settlement Shares will be, when delivered, duly authorized, validly issued, fully paid and non-assessable. Interim Settlement Shares shall not be voted by MLI or MLPF&S. All distributions received in respect of the Interim Settlement Shares shall be held in the collateral account at MLPF&S or a depositary designated by MLPF&S. The cash amounts in the collateral account will be immediately returned to the Companies by MLI, but should MLI fail to return any cash amounts in the collateral account, such cash amounts will earn interest at the USD LIBOR rate having a designated maturity of three months1 month plus Spread. Upon final Settlement, MLI shall immediately release all claims to cash and Interim Settlement Shares held in the collateral account, if any account (including interest earned thereon), and Interim Settlement Shares ) and deliver such amounts and all Interim Settlement Shares to the Companies.