Common use of Unconditional Right of Holders to Receive Purchase Contract Adjustment Payments and to Purchase Shares of Common Stock Clause in Contracts

Unconditional Right of Holders to Receive Purchase Contract Adjustment Payments and to Purchase Shares of Common Stock. Each Holder of Corporate PIES or Treasury PIES shall have the right, which is absolute and unconditional, (1) (subject to the payment by such Holder of Purchase Contract Adjustment Payments pursuant to Section 5.9(a)), to receive each Purchase Contract Adjustment Payment with respect to the Purchase Contract constituting a part of such PIES on the respective Payment Date for such PIES and (2) to purchase shares of Common Stock pursuant to such Purchase Contract and, in each such case, to institute suit for the enforcement of any such Purchase Contract Adjustment Payment and right to purchase shares of Common Stock, and such rights shall not be impaired without the consent of such Holder.

Unconditional Right of Holders to Receive Purchase Contract Adjustment Payments and to Purchase Shares of Common Stock. Each Holder of Corporate PIES Units or Treasury PIES Units shall have the right, which is absolute and unconditional, (1) (subject to the payment by such Holder of Purchase Contract Adjustment Payments pursuant to Section 5.9(a)), to receive each Purchase Contract Adjustment Payment with respect to the Purchase Contract constituting a part of such PIES Units on the respective Payment Date for such PIES Units and (2) to purchase shares of Common Stock pursuant to such Purchase Contract and, in each such case, to institute suit for the enforcement of any such Purchase Contract Adjustment Payment and right to purchase shares of Common Stock, and such rights shall not be impaired without the consent of such Holder.