Common use of Recreation of Units Clause in Contracts

Recreation of Units. (a) At any time from and after August 15, 2002 and on or prior to the fifteenth Business Day immediately preceding the Settlement Date, a Holder of Purchase Contracts shall have the right to recreate Units in accordance with this Section 11.10 by (i) delivering such Purchase Contracts to the Agent, accompanied by a notice to the Agent to instruct the Custodian to accept the correct amount of Treasury Strips (whereupon the Agent shall instruct the Custodian to receive, on a specific date for each Unit being recreated, $1,000 face amount of each of the Treasury Strips that would be then remaining as the Treasury Strip Component of a Unit, each with the same CUSIP number as the Treasury Strips originally comprising the Treasury Strip Component of the Unit), and (ii) delivering to the Custodian such proper amount of Treasury Strips. Upon receipt of the Treasury Strips described in clause (ii) above, the Custodian shall promptly notify the Agent of the amount and type of such Treasury Strips. (b) Holders which recreate Units in accordance with this Section 11.10 shall be responsible for any fees or expenses payable to the Agent or the Custodian for its services in connection therewith, and the Company shall not be responsible for any such fees or expenses. (c) For the avoidance of doubt, whether or not a Holder which recreates Units pursuant to this Section 11.10 fails to effect a book-entry transfer of the Purchase Contracts or fails to deliver a Purchase Contract Certificate to the Agent after depositing the Treasury Strips with the Custodian, such Treasury Strips and any payments made on such Treasury Strips shall continue at all times to be owned by such Holder and shall be held in the name of the Custodian or its nominee as agent for such Holder, until such Purchase Contracts are so transferred or the Purchase Contract Certificate is so delivered, as the case may be, or, with respect to a Purchase Contract Certificate, such Holder provides evidence satisfactory to the Company and the Agent that such Purchase Contract Certificate has been destroyed, lost or stolen, together with any indemnity that may be required by the Agent and the Company, as set forth in Section 11.06. ARTICLE TWELVE

Recreation of Units. (a) At On any time from Business Day during the period beginning on, and after August 15including, 2002 and on or prior to the fifteenth Business Day immediately succeeding the date of this Agreement to, but excluding, the third Business Day immediately preceding the Mandatory Settlement Date, a Holder or Beneficial Owner of a Separate Purchase Contracts Contract and Separate Amortizing Note may recreate a Unit (which will thereafter trade under the CUSIP number [______] for the Units), and each such Separate Purchase Contract and Separate Amortizing Note will cease to exist. Beneficial interests in a Separate Purchase Contract and Separate Amortizing Note, and after recreation, the Unit, will be shown on and transfers will be effected through direct or indirect participants in DTC. In order to recreate a Separate Purchase Contract and Separate Amortizing Note into a Unit, a Beneficial Owner must deliver written instruction to the broker or other direct or indirect participant (the “Participant”) through which it holds an interest in such Separate Purchase Contract and Separate Amortizing Note and to notify DTC through DTC’s Deposit/Withdrawal at Custodian System (the “DWAC System”) of such Beneficial Owner’s election to recreate a Unit, unless such Separate Purchase Contract and Separate Amortizing Note are in the form of Definitive Securities, in which case the Holder thereof must deliver to the Purchase Contract Agent such Definitive Securities, together with a recreation notice, in the form set forth in Attachment 2 to the form of Unit attached hereto as Exhibit A. Upon the receipt of such recreation notice, the Company shall have promptly cause delivery, in accordance with the right to delivery instructions set forth in such recreation notice, one Unit for such Definitive Securities. (b) Holders that recreate Units in accordance with this Section 11.10 by (i) delivering such Purchase Contracts to the Agent, accompanied by a notice to the Agent to instruct the Custodian to accept the correct amount of Treasury Strips (whereupon the Agent shall instruct the Custodian to receive, on a specific date for each Unit being recreated, $1,000 face amount of each of the Treasury Strips that would be then remaining as the Treasury Strip Component of a Unit, each with the same CUSIP number as the Treasury Strips originally comprising the Treasury Strip Component of the Unit), and (ii) delivering to the Custodian such proper amount of Treasury Strips. Upon receipt of the Treasury Strips described in clause (ii) above, the Custodian shall promptly notify the Agent of the amount and type of such Treasury Strips. (b) Holders which recreate Units in accordance with this Section 11.10 2.04 shall be responsible for any fees or expenses payable to the Agent or the Custodian for its services in connection therewithwith such recreation, and the Company shall not be responsible for any such fees or expenses. (c) For the avoidance of doubt, whether or not a Holder which recreates Units pursuant to this Section 11.10 fails to effect a book-entry transfer of the Purchase Contracts or fails to deliver a Purchase Contract Certificate to the Agent after depositing the Treasury Strips with the Custodian, such Treasury Strips and any payments made on such Treasury Strips shall continue at all times to be owned by such Holder and shall be held in the name of the Custodian or its nominee as agent for such Holder, until such Purchase Contracts are so transferred or the Purchase Contract Certificate is so delivered, as the case may be, or, with respect to a Purchase Contract Certificate, such Holder provides evidence satisfactory to the Company and the Agent that such Purchase Contract Certificate has been destroyed, lost or stolen, together with any indemnity that may be required by the Agent and the Company, as set forth in Section 11.06. ARTICLE TWELVE

Recreation of Units. (a) At On any time from Business Day during the period beginning on, and after August 15including, 2002 and on or prior to the fifteenth Business Day immediately following the Issue Date to, but excluding, the second Scheduled Trading Day immediately preceding the Settlement DateAugust 16, 2023, a Holder of 48,000 Separate Purchase Contracts shall have the right to and 48,000 Separate Treasury Strips may recreate Units in accordance with this Section 11.10 (which will thereafter trade under the CUSIP number 69331C 140 for the Units) by delivering, for every 48,000 Units being recreated, (i) delivering such to the Purchase Contract Agent, 48,000 Separate Purchase Contracts and (ii) to the AgentCustodian, accompanied by a notice to $66,000 face amount (or $33,000 face amount in the Agent to instruct case of the Custodian to accept the correct amount of Treasury Strips (whereupon the Agent shall instruct the Custodian to receivematuring on August 15, on a specific date for each Unit being recreated, $1,000 face amount 2020) of each of the Treasury Strips that would be then remaining as a portion of the Treasury Strip Strips Component of a Unit, each with . Any recreation of Units may be made only in integral multiples of 48,000 Units. The newly deposited Treasury Strips used to recreate the Units must have the same CUSIP number numbers as the Treasury Strips ones originally comprising the Treasury Strips Component. Each such Separate Purchase Contract and Separate Treasury Strip Component will then cease to exist. In order to cause the recreation of global Separate Purchase Contracts and a Separate Treasury Strips into Units, a Beneficial Holder must comply with the applicable procedures of the Unit)Depositary. Following a valid exercise of recreation rights by a Holder of Separate Treasury Strips and Global Purchase Contracts, the Purchase Contract Agent shall register (x) an increase in the number of Units represented by the Global Unit and the number of Purchase Contracts represented by the Component Purchase Contract attached to the Global Unit as Attachment 3, as set forth in Schedule A to such attachment, and (iiy) delivering a corresponding decrease in the number of Purchase Contracts represented by the Global Purchase Contract. If, however, such Separate Purchase Contract and Separate Treasury Strips are in the form of Definitive Securities, the Holder thereof must deliver to the Custodian Purchase Contract Agent such proper amount Definitive Securities, together with a recreation notice (“Recreation Notice”), in the form set forth in Attachment 2 to the form of Treasury Strips. Unit attached hereto as Exhibit A. Upon the receipt of the Treasury Strips described in clause (ii) abovesuch Recreation Notice, the Custodian Company shall promptly notify cause delivery, in accordance with the Agent delivery instructions set forth in such Recreation Notice, of the amount and type of one Unit in definitive form for such Treasury StripsDefinitive Securities. (b) Holders which that recreate Units in accordance with this Section 11.10 2.04 shall be responsible for any fees or expenses payable to the Agent or the Custodian for its services in connection therewithwith such recreation, and neither the Company nor the Purchase Contract Agent shall not be responsible liable for any such fees or expenses. (c) For the avoidance of doubt, whether or not a Holder which recreates Units pursuant to this Section 11.10 fails to effect a book-entry transfer of the Purchase Contracts or fails to deliver a Purchase Contract Certificate to the Agent after depositing the Treasury Strips with the Custodian, such Treasury Strips and any payments made on such Treasury Strips shall continue at all times to be owned by such Holder and shall be held in the name of the Custodian or its nominee as agent for such Holder, until such Purchase Contracts are so transferred or the Purchase Contract Certificate is so delivered, as the case may be, or, with respect to a Purchase Contract Certificate, such Holder provides evidence satisfactory to the Company and the Agent that such Purchase Contract Certificate has been destroyed, lost or stolen, together with any indemnity that may be required by the Agent and the Company, as set forth in Section 11.06. ARTICLE TWELVE