Common use of Staggered Settlement Clause in Contracts

Staggered Settlement. Notwithstanding anything to the contrary herein, if, upon advice of counsel, with respect to applicable legal and regulatory requirements, including any requirements relating to Dealer’s commercially reasonable hedging activities hereunder, Dealer reasonably determines that it would not be practicable or advisable to deliver, or to acquire Shares or other securities to deliver, any or all of the Shares or other securities to be delivered by Dealer on any date due (an “Original Delivery Date”), Dealer may, by prior notice to Counterparty, satisfy its obligation to deliver such Shares or other securities by making separate deliveries of Shares or such securities, as the case may be, at more than one time on or prior to such Original Delivery Date, so long as the aggregate number of Shares and other securities so delivered on or prior to such Original Delivery Date is equal to the number that, but for this provision, would have been deliverable on such Original Delivery Date.