Common use of Pooling of Interests Accounting Treatment Clause in Contracts

Pooling of Interests Accounting Treatment. If the application of any provision of this Agreement, or of the Agreement in its entirety, would preclude the use of pooling of interests accounting treatment with respect to a transaction for which such treatment otherwise is available and to be adopted by the Company, this Agreement, upon the determination of the Board, shall be modified as it applies to such transaction, to the minimum extent necessary to prevent such impact.

Pooling of Interests Accounting Treatment. If the application of ----------------------------------------- any provision of this Agreement, or of the Agreement in its entirety, would preclude the use of pooling of interests accounting treatment with respect to a transaction for which such treatment otherwise is available and to be adopted by the CompanyTrust, this Agreement, upon the determination of the Board, shall be modified as it applies to such transaction, to the minimum extent necessary to prevent such impactimpact and preserving to the greatest extent possible the protections and rights afforded the Executive under this Agreement.