Common use of Pooling of Interests Accounting Treatment Clause in Contracts

Pooling of Interests Accounting Treatment. Notwithstanding anything to the contrary contained herein, to the extent that any payment or other benefit under this Agreement would prevent a Change in Control transaction involving the Company which would otherwise qualify for pooling of interests accounting treatment from so qualifying, then the provision setting forth such payment or benefit shall be deemed amended or revoked to the extent required to preserve such pooling of interests treatment. The Board will use good faith efforts to provide the Executive with a substitute benefit that is as comparable as possible under the circumstances and which will not limit or otherwise restrict the use of pooling of interests accounting treatment. The Executive will, upon advice from the Company, take (or refrain from taking, as appropriate) all actions necessary or desirable to ensure that pooling of interests accounting is available for such transaction.

Pooling of Interests Accounting Treatment. Notwithstanding ----------------------------------------- anything to the contrary contained herein, to the extent that any payment or other benefit under this Agreement would prevent a Change in Control transaction involving the Company which would otherwise qualify for pooling of interests accounting treatment from so qualifying, then the provision setting forth such payment or benefit shall be deemed amended or revoked to the extent required to preserve such pooling of interests treatment. The Board will use good faith efforts to provide the Executive with a substitute benefit that is as comparable as possible under the circumstances and which will not limit or otherwise restrict the use of pooling of interests accounting treatment. The Executive will, upon advice from the Company, take (or refrain from taking, as appropriate) all actions necessary or desirable to ensure that pooling of interests accounting is available for such transaction.