Common use of Manner of Disposition Clause in Contracts

Manner of Disposition. Employee acknowledges and agrees that the Company may not be able to effect a public sale of the Collateral Stock and, accordingly, agrees that in the event of any sale, collection, realization or other disposition of or upon the Collateral Stock by the Company, in lieu of such public sale, the Company may transfer all or any portion of the Collateral Stock to itself and apply the value of such shares (at a price per share equal to the average of the daily high and low sales prices, computed to three decimal places, of the Company's stock as reported on the NYSE for the ten (10) days on which the NYSE is open and for which trades in the Company stock are reported immediately preceding the date of such action by the Company or, if one or more of such days is not a day on which the NYSE is open or the Company's stock is not traded on the NYSE for the ten (10) days immediately preceding said action for which the trades are reported) to the amounts due under or in connection with this Note.

Manner of Disposition. Employee acknowledges and agrees that the Company may not be able to effect a public sale of the Collateral Stock and, accordingly, agrees that in the event of any sale, collection, realization or other disposition of or upon the Collateral Stock by the Company, in lieu of such public sale, the Company may transfer all or any portion of the Collateral Stock to itself and apply the value of such shares (at a price per share equal to the average of the daily high and low sales prices, computed to three decimal places, of the Company's stock as reported on the NYSE New York Stock Exchange (the "NYSE") for the ten (10) days on which the NYSE is open and for which trades in the Company stock are reported immediately preceding the date of such action by the Company or, if one or more of such days is not a day on which the NYSE is open or the Company's stock is not traded on the NYSE for the ten (10) days immediately preceding said action for which the trades are reported) to the amounts due under or in connection with this Note.