Common use of Interim Settlements Clause in Contracts

Interim Settlements. Within 5 Business Days following each Reset Date of the type referred to in clause (i) of the definition of Reset Date, the Companies shall (i) deliver the Interim Settlement Amount, if any, in Interim Settlement Shares to LBF. Interim Settlement Shares shall be the subject of a registration statement covering any sale of such Interim 38 Settlement Shares by LBI that has been declared effective under the Securities Act by the Commission (an "Effective Registration Statement"). Interim Settlement Shares shall be registered in the stock register of the Companies as instructed by LBF and shall be held by LBI or a custodian or depository designated by LBI. If the Companies are unable to deliver Interim Settlement Shares in accordance with the preceding sentence, the Companies shall deliver "restricted" Interim Settlement Shares that are not the subject of an Effective Registration Statement in an amount equal to the Interim Settlement Amount. If the Interim Settlement Shares are not the subject of an Effective Registration Statement, the Companies shall deliver additional Interim Settlement Shares equal to 20% of the Interim Settlement Shares. At such time as the Interim Settlement Shares are the subject of an Effective Registration Statement, the Companies may elect to have returned all additional Interim Settlement Shares delivered pursuant to the preceding sentence. On any Reset Date, if Interim Settlement Shares are held by LBF, LBF shall deliver to the Companies within five (5) Business Days after such Reset Date, the amount in Interim Settlement Shares by which the amount in Interim Settlement Shares held by LBF (valued at the Closing Price on such Reset Date) plus any cash amounts in the collateral account exceeds the Interim Settlement Amount (or 120% of the Interim Settlement Amount, in the event that LBF holds restricted Interim Settlement Shares that are not the subject of an Effective Registration Statement). Distributions on the Interim Settlement Shares will be deposited in a collateral account at LI or a custodian or depositary designated by LBI. All Interim Settlement Shares will be, when delivered, duly authorized, validly issued, fully paid and non-assessable. Interim Settlement Shares shall not be voted by LBF or LBI. All distributions received in respect of the Interim Settlement Shares shall be held in the collateral account at LBI or a depositary designated by LBI. The cash amounts in the collateral account will be immediately returned to the Companies by LBF, but should LBF fail to return any cash amounts in the collateral account, such cash amounts will earn interest at the USD LIBOR rate having a designated maturity of three months. Upon final Settlement, LBF shall immediately release all claims to cash held in the collateral account, if any (including interest earned thereon), and Interim Settlement Shares and deliver such amounts and all Interim Settlement Shares to the Companies.

Interim Settlements. Within 5 Business Days following each Reset Date of the type referred to in clause (i) of the definition of Reset Date, the Companies shall (i) deliver the Interim Settlement Amount, if any, in Interim Settlement Shares to LBFNMSSI. Interim Settlement Shares shall be the subject of a registration statement covering any sale of such Interim 38 Settlement Shares by LBI NMSSI that has been declared effective under the Securities Act by the Commission (an "Effective Registration Statement"). Interim Settlement Shares shall be registered in the stock register of the Companies as instructed by LBF NMSSI and shall be held by LBI NMS or a custodian or depository designated by LBINMS. If the Companies are unable to deliver Interim Settlement Shares in accordance with the preceding sentence, the Companies shall deliver "restricted" Interim Settlement Shares that are not the subject 43 of an Effective Registration Statement in an amount equal to the Interim Settlement Amount. If the Interim Settlement Shares are not the subject of an Effective Registration Statement, the Companies shall deliver additional Interim Settlement Shares equal to 20% of the Interim Settlement Shares. At such time as the Interim Settlement Shares are the subject of an Effective Registration Statement, the Companies may elect to have returned all additional Interim Settlement Shares delivered pursuant to the preceding sentence. On any Reset Date, if Interim Settlement Shares are held by LBFNMSSI, LBF NMSSI shall deliver to the Companies within five (5) Business Days after such Reset Date, the amount in Interim Settlement Shares by which the amount in Interim Settlement Shares held by LBF NMSSI (valued at the Closing Price on such Reset Date) plus any cash amounts in the collateral account exceeds the Interim Settlement Amount (or 120% of the Interim Settlement Amount, in the event that LBF NMSSI holds restricted Interim Settlement Shares that are not the subject of an Effective Registration Statement). Distributions on the Interim Settlement Shares will be deposited in a collateral account at LI NMS or a custodian or depositary designated by LBINMS. All Interim Settlement Shares will be, when delivered, duly authorized, validly issued, fully paid and non-assessable. Interim Settlement Shares shall not be voted by LBF NMSSI or LBINMS. All distributions received in respect of the Interim Settlement Shares shall be held in the collateral account at LBI NMS or a depositary designated by LBINMS. The cash amounts in the collateral account will be immediately returned to the Companies by LBFNMSSI, but should LBF NMSSI fail to return any cash amounts in the collateral account, such cash amounts will earn interest at the USD LIBOR rate having a designated maturity of three months. Upon final Settlement, LBF NMSSI shall immediately release all claims to cash held in the collateral account, if any (including interest earned thereon), and Interim Settlement Shares and deliver such amounts and all Interim Settlement Shares to the Companies.

Interim Settlements. Within 5 Business Days following each Reset Date of the type referred to in clause (i) of the definition of Reset Date, the Companies Company shall (i) deliver the Interim Settlement Amount, if any, Amount in Interim Settlement Shares issued pursuant to LBF. an effective registration statement to MLI or its agent for deposit in a collateral account at MLPF&S or a custodian or depository designated by MLPF&S. Such shares shall be registered as instructed by MLI and shall be held by MLPF&S or a custodian or depository designated by MLPF&S. If the Company is unable to deliver Interim Settlement Shares in accordance with the preceding sentence, the Company shall be deliver "restricted" Interim Settlement Shares that are the subject of a resale registration statement covering any sale of such Interim 38 Settlement Shares by LBI that has been declared effective under the Securities Act by the Commission (an "Effective Resale Registration Statement"). Interim Settlement Shares shall be registered in the stock register of the Companies as instructed by LBF and shall be held by LBI or a custodian or depository designated by LBI. If the Companies are unable to deliver Interim Settlement Shares in accordance with the preceding sentence, the Companies shall deliver "restricted" Interim Settlement Shares that are not the subject of an Effective Registration Statement ) in an amount equal to the Interim Settlement Amount. If the restricted Interim Settlement Shares are not the subject of an Effective Resale Registration Statement, the Companies Company shall deliver additional Interim Settlement Shares equal to 2050% of the Interim Settlement SharesAmount. At such time as the Interim Settlement Shares are the subject of an Effective Resale Registration Statement, the Companies Company may elect to have returned all additional Interim Settlement Shares delivered pursuant to the preceding sentence. On any Reset Date, if Interim Settlement Shares are held by LBF, LBF shall deliver to the Companies within five (5) Business Days after such Reset Date, the amount in Interim Settlement Shares by which the amount in Interim Settlement Shares held by LBF (valued at the Closing Price on such Reset Date) plus any cash amounts in the collateral account exceeds the Interim Settlement Amount (or 120% of the Interim Settlement Amount, in the event that LBF holds restricted Interim Settlement Shares that are not the subject of an Effective Registration Statement). Distributions on the Interim Settlement Shares will be deposited in a the collateral account at LI MLPF&S or a custodian or depositary depository designated by LBI. All Interim Settlement Shares will be, when delivered, duly authorized, validly issued, fully paid and non-assessable. Interim Settlement Shares shall not be voted by LBF or LBI. All distributions received in respect of the Interim Settlement Shares shall be held in the collateral account at LBI or a depositary designated by LBI. MLPF&S. The cash amounts in the collateral account will be immediately returned to the Companies by LBF, but should LBF fail to return any cash amounts in the collateral account, such cash amounts will earn interest at the USD LIBOR rate having a designated maturity of three months1 month plus 75 basis points. Upon final Settlement, LBF MLI shall immediately release all claims to cash and Interim Settlement Shares held in the collateral account, if any account (including interest earned thereon), and Interim Settlement Shares ) and deliver such amounts and all Interim Settlement Shares to the CompaniesCompany.

Interim Settlements. Within 5 Business Days following each Reset Date of the type referred to in clause (i) of the definition of Reset Date, the Companies Company shall (i) deliver the Interim Settlement Amount, if any, Amount in Interim Settlement Shares issued pursuant to LBF. an effective registration statement and freely saleable without further action under the Securities Act to MLPF&S or its agent for deposit in a collateral account in the name of the Company at MLPF&S or a custodian or depository designated by MLPF&S. Such shares shall be registered in the stock register of the Company as instructed by MLPF&S and shall be held by MLPF&S or a custodian or depository designated by MLPF&S. If the Company is unable to deliver Interim Settlement Shares in accordance with the preceding sentence, the Company shall be deliver "restricted" Interim Settlement Shares that are the subject of a resale registration statement covering any sale of such Interim 38 Settlement Shares by LBI that has been declared effective under the Securities Act by the Commission (an "Effective Resale Registration Statement"). Interim Settlement Shares shall be registered in the stock register of the Companies as instructed by LBF and shall be held by LBI or a custodian or depository designated by LBI. If the Companies are unable to deliver Interim Settlement Shares in accordance with the preceding sentence, the Companies shall deliver "restricted" Interim Settlement Shares that are not the subject of an Effective Registration Statement ) in an amount equal to the Interim Settlement Amount. If the restricted Interim Settlement Shares are not the subject of an Effective Resale Registration Statement, the Companies Company shall deliver additional Interim Settlement Shares equal to 2050% of the Interim Settlement SharesAmount. At such time as the Interim Settlement Shares are the subject of an Effective Resale Registration Statement, the Companies Company may elect to have returned all additional Interim Settlement Shares delivered pursuant to the preceding sentence. On any Reset Date, if Interim Settlement Shares are held by LBFMLPF&S, LBF MLPF&S shall deliver to the Companies Company within five (5) Business Days after such Reset Date, Date the amount in Interim Settlement Shares by which the amount in Interim Settlement Shares held by LBF MLPF&S (valued at the Closing Price on such Reset Date) plus any cash amounts in the collateral account exceeds the Interim Settlement Amount (or 120150% of the Interim Settlement Amount, in the event that LBF MLPF&S holds restricted Interim Settlement Shares that are not the subject of an Effective Registration Statement). Distributions on the Interim Settlement Shares will be deposited in a the collateral account at LI MLPF&S or a custodian or depositary depository designated by LBI. All Interim Settlement Shares will be, when delivered, duly authorized, validly issued, fully paid and non-assessable. Interim Settlement Shares shall not be voted by LBF or LBI. All distributions received in respect of the Interim Settlement Shares shall be held in the collateral account at LBI or a depositary designated by LBI. MLPF&S. The cash amounts in the collateral account will be immediately returned to the Companies by LBF, but should LBF fail to return any cash amounts in the collateral account, such cash amounts will earn interest at the USD LIBOR rate having a designated maturity of three months1 month plus the Spread. Upon final Settlement, LBF MLPF&S shall immediately release all claims to cash and Interim Settlement Shares held in the collateral account, if any account (including interest earned thereon), and Interim Settlement Shares ) and deliver such amounts and all Interim Settlement Shares to the CompaniesCompany.

Interim Settlements. Within 5 Business Days following each Reset Date of the type referred to in clause (i) of the definition of Reset Date, the Companies shall (i) deliver the Interim Settlement Amount, if any, in Interim Settlement Shares to LBFMLI. Interim Settlement Shares shall be the subject of a registration statement covering any sale of such Interim 38 Settlement Shares by LBI MLPF&S that has been declared effective under the Securities Act by the Commission (an "Effective Registration Statement"). Interim Settlement Shares shall be registered in the stock register of the Companies as instructed by LBF MLI and shall be held by LBI MLPF&S or a custodian or depository designated by LBI. MLPF&S. If the Companies are unable to deliver Interim Settlement Shares in accordance with the preceding sentence, the Companies shall deliver "restricted" Interim Settlement Shares that are not the subject of an Effective Registration Statement in an amount equal to the Interim Settlement Amount. If the Interim Settlement Shares are not the subject of an Effective Registration Statement, the Companies shall deliver additional Interim Settlement Shares equal to 20% of the Interim Settlement Shares. At 44 such time as the Interim Settlement Shares are the subject of an Effective Registration Statement, the Companies may elect to have returned all additional Interim Settlement Shares - delivered pursuant to the preceding sentence. On any Reset Date, if Interim Settlement Shares are held by LBFMLI, LBF MLI shall deliver to the Companies within five (5) Business Days after such Reset Date, the amount in Interim Settlement Shares by which the amount in Interim Settlement Shares held by LBF MLI (valued at the Closing Price on such Reset Date) plus any cash amounts in the collateral account exceeds the Interim Settlement Amount (or 120% of the Interim Settlement Amount, in the event that LBF MLI holds restricted Interim Settlement Shares that are not the subject of an Effective Registration Statement). Distributions on the Interim Settlement Shares will be deposited in a collateral account at LI MLPF&S or a custodian or depositary designated by LBI. MLPF&S. All Interim Settlement Shares will be, when delivered, duly authorized, validly issued, fully paid and non-assessable. Interim Settlement Shares shall not be voted by LBF MLI or LBI. MLPF&S. All distributions received in respect of the Interim Settlement Shares shall be held in the collateral account at LBI MLPF&S or a depositary designated by LBI. MLPF&S. The cash amounts in the collateral account will be immediately returned to the Companies by LBFMLI, but should LBF MLI fail to return any cash amounts in the collateral account, such cash amounts will earn interest at the USD LIBOR rate having a designated maturity of three months. Upon final Settlement, LBF MLI shall immediately release all claims to cash held in the collateral account, if any (including interest earned thereon), and Interim Settlement Shares and deliver such amounts and all Interim Settlement Shares to the Companies.

Interim Settlements. Within i. On and after November 11, 1998, within 5 Business Days following each Reset Date of or Interim Settlement Date, as the type referred to in clause (i) of the definition of Reset Datecase may be, the Companies shall deliver to the Collateral Account an amount of Paired Shares as follows: (i) deliver During the pendency of the Standstill, 125% of the Interim Settlement AmountAmount in Interim Settlement Shares; (ii) After the Standstill, if any, 100% of the Interim Settlement Amount in Interim Settlement Shares unless, subject to LBFclause (iii) below, the date on which such Interim Settlement Shares are delivered is a Black-Out Day, in which case, 150% of the Interim Settlement Amount in Interim Settlement Shares; (iii) If the date on which such Interim Settlement Shares are delivered is a Black-Out Day due to regulatory delays, as described in Section 5.2 of the Purchase Agreement, as amended by the Amendment to Purchase Agreement, and the Companies shall have elected to deliver additional Interim Settlement Shares and to increase the Spread rather than delivering the $25 million payment contemplated therein, the greater of (A) 200% of the Interim Settlement Amount in Interim Settlement Shares, or (B) that number of Interim Settlement Shares such that such number of Interim Settlement Shares plus any Interim Settlement Shares and Adjustment Shares then held by the ▇▇▇▇▇▇▇ ▇▇▇▇▇ Parties valued at the Closing Price on such Reset Date or Interim Settlement Date will equal at least 120% of the Reference Amount. Notwithstanding the foregoing, in the event that on any Reset Date there are Interim Settlement Shares in the Collateral Account, then such Interim Settlement Shares shall be deemed redelivered to the subject of a registration statement covering any sale of such Interim 38 Settlement Shares by LBI that has been declared effective under Collateral Account pursuant to the Securities Act by the Commission (an "Effective Registration Statement")preceding sentence. Interim Settlement Shares shall be registered in the stock register of the Companies as instructed by LBF MLI and shall be held by LBI MLPF&S or a custodian or depository designated by LBI. If the Companies are unable to deliver Interim Settlement Shares in accordance with the preceding sentence, the Companies shall deliver "restricted" Interim Settlement Shares that are not the subject of an Effective Registration Statement in an amount equal to the Interim Settlement Amount. If the Interim Settlement Shares are not the subject of an Effective Registration Statement, the Companies shall deliver additional Interim Settlement Shares equal to 20% of the Interim Settlement Shares. At such time as the Interim Settlement Shares are the subject of an Effective Registration Statement, the Companies may elect to have returned all additional Interim Settlement Shares delivered pursuant to the preceding sentenceMLPF&S. ii. On any Reset Interim Settlement Date, if Interim Settlement Shares are held by LBFMLI, LBF MLI shall deliver to the Companies within five (5) Business Days after such Reset Date, the amount in Interim Settlement Shares by which the amount in Interim Settlement Shares held by LBF MLI (valued at the Closing Price on such Reset Date) plus any cash amounts in the collateral account Collateral Account exceeds the Interim Settlement Amount (or 120% required number of the Interim Settlement Amount, in the event that LBF holds restricted Interim Settlement Shares that are not provided for in ss.5(a). iii. As provided by Section 5 of the subject of an Effective Registration Statement). Settlement Agreement, Distributions on the Interim Settlement Shares will be deposited in a collateral account at LI or a custodian or depositary designated by LBIpaid to MLI pursuant to ss.3.3 hereof. iv. All Interim Settlement Shares will beOnce the Reference Amount is reduced to zero (-0-) dollars, when delivered, duly authorized, validly issued, fully paid and non-assessable. Interim Settlement Shares shall not be voted by LBF or LBI. All distributions received in respect of the Interim Settlement Shares shall be held in the collateral account at LBI or a depositary designated by LBI. The cash amounts in the collateral account will be immediately returned to the Companies by LBF, but should LBF fail to return any cash amounts in the collateral account, such cash amounts will earn interest at the USD LIBOR rate having a designated maturity of three months. Upon final Settlement, LBF MLI shall immediately release all claims to cash held in the collateral account, if any (including interest earned thereon), and Interim Settlement Shares not used in Settlement and deliver such amounts and all Interim Settlement Shares to the Companies. v. The Companies and the ▇▇▇▇▇▇▇ ▇▇▇▇▇ Parties confirm that the Companies have granted to the ▇▇▇▇▇▇▇ ▇▇▇▇▇ Parties and that the ▇▇▇▇▇▇▇ ▇▇▇▇▇ Parties have a first priority security interest in any and all Interim Settlement Shares and any and all cash amounts heretofore or hereafter delivered to the ▇▇▇▇▇▇▇ ▇▇▇▇▇ Parties or their respective agent and held in the Collateral Account pursuant to this Section 5. MLPF&S acknowledges that it is holding and will hold any and all Interim Settlement Shares and any and all cash (if any) now or hereafter held in the Collateral Account pursuant to Section 5 of this Agreement as pledge agent and bailee on behalf of the ▇▇▇▇▇▇▇ ▇▇▇▇▇ Parties as pledgee.

Interim Settlements. Within 5 Business Days following each Reset Date of the type referred to in clause (i) of the definition of Reset Date, the Companies shall (i) deliver the Interim Settlement Amount, if any, Amount in Interim Settlement Shares to LBF. MLI or its agent for deposit in a collateral account in the name of the Company at MLPF&S or a custodian or depository designated by MLPF&S. Interim Settlement Shares delivered after the fifth Business Day following the termination of the Settlement Restriction Period shall be the subject of a registration statement covering any sale of such Interim 38 interim Settlement Shares by LBI MLPF&S that has been declared effective under the Securities Act by the Commission (an "Effective Registration Statement"). ) Interim Settlement Shares shall be registered in the stock register of the Companies as instructed by LBF MLI and shall be held by LBI MLPF&S or a custodian or depository designated by LBI. MLPF&S. If the Companies are is unable to deliver Interim Settlement Shares in accordance with the preceding sentence, the Companies shall deliver "restricted" Interim Settlement Shares that are not the subject of an Effective Registration Statement in an amount equal to the Interim Settlement Amount. If the restricted Interim Settlement Shares are not the subject of an Effective Registration StatementStatement required by the preceding sentence, the Companies shall deliver additional Interim Settlement Shares equal to 2050% of the Interim Settlement SharesAmount. At such time as the Interim Settlement Shares are the subject of an Effective Registration Statement, the Companies may elect to have returned all additional Interim Settlement Shares delivered pursuant to the preceding sentence. On any Reset Date, if Interim Settlement Shares are held by LBFMLI, LBF MLI shall deliver to the Companies within five (5) Business Days after such Reset Date, the amount in Interim Settlement Shares by which the amount in Interim Settlement Shares held by LBF MLI (valued at the Closing Price on such Reset Date) plus any cash amounts in the collateral account exceeds the Interim Settlement Amount (or 120150% of the Interim Settlement Amount, in the event that LBF MLI holds restricted Interim Settlement Shares that are not the subject of an Effective Registration Statement). Distributions on the Interim Settlement Shares will be deposited in a the collateral account at LI MLPF&S or a custodian or depositary designated by LBI. All Interim Settlement Shares will be, when delivered, duly authorized, validly issued, fully paid and non-assessable. Interim Settlement Shares shall not be voted by LBF or LBI. All distributions received in respect of the Interim Settlement Shares shall be held in the collateral account at LBI or a depositary designated by LBI. MLPF&S. The cash amounts in the collateral account will be immediately returned to the Companies by LBF, but should LBF fail to return any cash amounts in the collateral account, such cash amounts will earn interest at the USD LIBOR rate having a designated maturity of three months1 month plus Spread. Upon final Settlement, LBF MLI shall immediately release all claims to cash and Interim Settlement Shares held in the collateral account, if any account (including interest earned thereon), and Interim Settlement Shares ) and deliver such amounts and all Interim Settlement Shares to the Companies.