Common use of Pooling of Interests Accounting Treatment Clause in Contracts

Pooling of Interests Accounting Treatment. Notwithstanding anything contained herein to the contrary, to the extent any of the provisions hereof would, in the opinion of the Company's independent public accountants, adversely affect the Company's ability to use pooling of interests accounting treatment under Accounting Principles Board Opinions No. 00, Xxxxxxxx Xxxxxxxxxxxx ("XXX 00"), xx any other accounting literature that would supersede any provisions of APB 16 relating to pooling of interests accounting treatment for a transaction, the Company shall have the right to unilaterally amend the applicable provisions hereof in order to facilitate the Company's ability to use pooling of interests accounting treatment. In so amending the applicable provisions hereof, the Company shall use its best efforts to put Executive in as close to the same economic position (without violating any rules relating to pooling of interests accounting treatment) as Executive would otherwise have been in had the provisions not been amended.