Common use of Principal Payments Prior to or on Purchase Contract Settlement Date Clause in Contracts

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Section 5.02(a), Section 5.04(b)(ii) and Section 5.07, and except as provided in Section 4.02(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary in respect of (1) the principal amount of Notes underlying Pledged Applicable Ownership Interests in Notes, (2) the Pledged Applicable Ownership Interests in the Treasury Portfolio and (3) the Pledged Treasury Securities, shall be credited to the Collateral Account, to be invested in Permitted Investments until the Purchase Contract Settlement Date, and transferred to the Company on the Purchase Contract Settlement Date as provided in Section 5.02 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred to the Purchase Contract Agent for the benefit of the Holders of record on the Purchase Contract Settlement Date for distribution to such Holders in accordance with their respective interests, free and clear of the Pledge created hereby. The Company shall instruct the Collateral Agent in writing as to the specific Permitted Investments in which any payments made under this Section 4.02 shall be invested; provided, however, that if the Company fails to deliver such instructions by 10:30 a.m., New York City time, on the day such payments are received by the Securities Intermediary, the Collateral Agent shall instruct the Securities Intermediary to invest such payments in Permitted Investments of the type described in clause (vi) of the definition of Permitted Investments which have been designated by the Company in writing from time to time in a standing instruction to the Securities Intermediary which shall be effective until revoked or superseded. In no event shall the Collateral Agent be liable for the selection of Permitted Investments or for investment losses incurred thereon. Neither the Collateral Agent nor the Securities Intermediary shall have any liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction.

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Section 5.02(a), Section 5.04(b)(ii) and Section 5.074.06, and except as provided in Section 4.02(b3.03(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary in respect of (1i) the principal amount of Notes underlying Pledged Applicable Ownership Interests in Subordinated Notes, (2ii) the Pledged Applicable Ownership Interests in the Treasury Portfolio and (3iii) the Pledged Treasury Securities, shall be credited to the Collateral Account, to be held and invested in Permitted Investments until the Purchase Contract Settlement Date, and transferred to the Company on the Purchase Contract Settlement Date as provided in Section 5.02 4.07 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred to the Purchase Contract Agent for the benefit of the applicable Holders of record on the Purchase Contract Settlement Date for distribution to such Holders in accordance with their respective interests, free and clear of the Pledge created herebythereby. The Company shall instruct the Collateral Agent in writing as to the specific type of Permitted Investments in which any payments made under this Section 4.02 3.03(a) shall be invested; provided, however, that if the Company fails to deliver such instructions by 10:30 a.m., a.m. (New York City time, ) on the day such payments are received by the Securities Intermediary, the Collateral Agent shall instruct the Securities Intermediary to invest such payments in the Permitted Investments of the type described in clause (vi) of the definition of Permitted Investments which have been designated by the Company in writing from time to time in a standing instruction to the Securities Intermediary which shall be effective until revoked or supersededInvestments. In no event shall the Collateral Agent be liable for the selection of Permitted Investments or for investment losses incurred thereon. Neither the The Collateral Agent nor the Securities Intermediary shall have any no liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction.

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Section 5.02(a), Section 5.04(b)(ii) and Section 5.07, and except as provided in Section 4.02(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary in respect of (1) the principal amount of Notes underlying Pledged Applicable Ownership Interests in Senior Notes, (2) the Pledged Applicable Ownership Interests in the Treasury Portfolio and (3) the Pledged Treasury Securities, shall be credited to the Collateral Account, to be invested in Permitted Investments until the Purchase Contract Settlement Date, and transferred to the Company on the Purchase Contract Settlement Date as provided in Section 5.02 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred to the Purchase Contract Agent for the benefit of the Holders of record on the Purchase Contract Settlement Date for distribution to such Holders in accordance with their respective interests, free and clear of the Pledge created hereby. The Company shall instruct the Collateral Agent in writing as to the specific Permitted Investments in which any payments made under this Section 4.02 shall be invested; , provided, however, that if the Company fails to deliver such instructions by 10:30 a.m., New York City time, on the day such payments are received by the Securities Intermediary, the Collateral Agent shall instruct the Securities Intermediary to invest such payments in Permitted Investments the “Prime Money Market Fund” (a JPMorgan Chase Bank, N.A. money market fund) or, if such fund is not in existence, is not accepting investments or does not satisfy the requirements of the type described in clause (vi6) of the definition of Permitted Investments Investments, in any case, on the date on which have been designated such payments are received by the Company Securities Intermediary, the “U.S. Government Money Market Fund” (a JPMorgan Chase Bank, N.A. money market fund) or, if such fund is not in writing from time to time existence, is not accepting investments or does not satisfy the requirements of clause (6) of the definition of Permitted Investments, in a standing instruction to any case, on the date on which such payments are received by the Securities Intermediary Intermediary, the “Treasury Plus Money Market Fund” (a JPMorgan Chase Bank, N.A. money market fund), or, if such fund is not in existence, is not accepting investments or does not satisfy the requirements of clause (6) of the definition of Permitted Investments, in any case, on the date on which shall be effective until revoked such payments are received by the Securities Intermediary, one or supersededmore of money market funds that, on such date, satisfies the requirements of Permitted Investments described in clause (6) of the definition of Permitted Investments. In no event shall the Collateral Agent be liable for the selection of Permitted Investments or for investment losses incurred thereon. Neither the Collateral Agent nor the Securities Intermediary shall have any liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction.

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Section 5.02(a), Section 5.04(b)(ii) and Section 5.075.06, and except as provided in Section 4.02(b3.03(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary in respect of (1) the principal amount of Notes underlying Pledged Applicable Ownership Interests in Senior Notes, (2) the Pledged Applicable Ownership Interests in the Treasury Portfolio and (3) the Pledged Treasury Securities, shall shall, except as provided in Section 5.02(c), be credited to the Collateral Account, to be held and invested in Permitted Investments until the Purchase Contract Settlement Date, and transferred to the Company on the Purchase Contract Settlement Date as provided in Section 5.02 5.07 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred to the Purchase Contract Agent for the benefit of the applicable Holders of record on the Purchase Contract Settlement Date for distribution to such Holders in accordance with their respective interests, free and clear of the Pledge created herebythereby. The Company shall instruct the Collateral Agent in writing as to the specific type of Permitted Investments in which any payments made under this Section 4.02 3.03(a) shall be invested; , provided, however, that if the Company fails to deliver such instructions by 10:30 a.m., a.m. (New York City time, ) on the day such payments are received by the Securities Intermediary, the Collateral Agent shall instruct the Securities Intermediary to invest such payments in the Permitted Investments of the type described in clause (vi6) of the definition of Permitted Investments which have been designated by the Company in writing from time to time in a standing instruction to the Securities Intermediary which shall be effective until revoked or supersededInvestments. In no event shall the Collateral Agent or the Securities Intermediary be liable for the selection of Permitted Investments or for investment losses incurred thereon. Neither the The Collateral Agent nor and the Securities Intermediary shall have any no liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction.

Principal Payments Prior to or on Purchase Contract Settlement Date. (a) Subject to the provisions of Section 5.02(a), Section 5.04(b)(ii) and Section 5.07, and except as provided in Section 4.02(b) below, if no Termination Event shall have occurred, all principal payments received by the Securities Intermediary in respect of (1) the principal amount of Notes underlying Pledged Applicable Ownership Interests in Notes, (2) the Pledged Applicable Ownership Interests in the Treasury Portfolio and (3) the Pledged Treasury Securities, shall be credited to the Collateral Account, to be invested in Permitted Investments until the Purchase Contract Settlement Date, and transferred to the Company on the Purchase Contract Settlement Date as provided in Section 5.02 hereof. Any balance remaining in the Collateral Account shall be released from the Pledge and transferred to the Purchase Contract Agent for the benefit of the Holders of record on the Purchase Contract Settlement Date for distribution to such Holders in accordance with their respective interests, free and clear of the Pledge created hereby. The Company shall instruct the Collateral Agent in writing as to the specific Permitted Investments in which any payments made under this Section 4.02 shall be invested; provided, however, that if the Company fails to deliver such instructions by 10:30 a.m., New York City time, on the day such payments are received by the Securities Intermediary, the Collateral Agent shall instruct the Securities Intermediary to invest such payments in Permitted Investments of the type described in clause (vi6) of the definition of Permitted Investments which have been designated by the Company in writing from time to time in a standing instruction to the Securities Intermediary which shall be effective until revoked or superseded. In no event shall the Collateral Agent be liable for the selection of Permitted Investments or for investment losses incurred thereon. Neither the Collateral Agent nor the Securities Intermediary shall have any liability in respect of losses incurred as a result of the failure of the Company to provide timely written investment direction.