Common use of Pooling of Interests Accounting Clause in Contracts

Pooling of Interests Accounting. Notwithstanding anything herein to the contrary, no acceleration of exercisability or vesting of the Option shall occur pursuant to this Amendment in the event that (a) the Securities and Exchange Commission (the "SEC") asserts that such acceleration of exercisability or vesting precludes the use of "pooling of interests" accounting treatment of the Transfer of Control, (b) the Transfer of Control is supported by the Board of Directors of the Company, and (c) the SEC will not reverse its position following reasonable persuasive efforts by the Company.

Pooling of Interests Accounting. Notwithstanding anything herein in the Option Agreement and this Amendment to the contrary, no acceleration of exercisability or vesting of the Option shall occur pursuant to this Amendment in the event that (ai) the Securities and Exchange Commission (the "SEC") asserts that such acceleration of exercisability or vesting precludes the use of "pooling of interests" accounting treatment of the Transfer of Control, (bii) the Transfer of Control is supported by the Board of Directors of the Company, and (ciii) the SEC will not reverse its position following reasonable persuasive efforts by the Company.SEC

Pooling of Interests Accounting. Notwithstanding anything herein in the Option Agreement to the contrary, no acceleration of exercisability or vesting of the Option shall occur pursuant to this Amendment Section 7.1(c) in the event that (aA) the Securities and Exchange Commission (the "SEC") asserts that such acceleration of exercisability or vesting precludes the use of "pooling of interests" accounting treatment of the Transfer of Control, (bB) the Transfer of Control is supported by the Board of Directors of the CompanyBoard, and (cC) the SEC will not reverse its position following reasonable persuasive efforts by the Company.. In the event that acceleration