Recreation of Units Clause Samples

Recreation of Units. (a) On any Business Day during the period beginning on, and including, the 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 Contract and a Separate Note may recreate a Unit (which will thereafter trade under the CUSIP number for the Units (▇▇▇▇▇▇▇▇▇)), in which case each such Separate Purchase Contract and Separate Note will cease to exist. In order to recreate a Separate Purchase Contract and Separate Note into a Unit, a Beneficial Owner must deliver written instructions to the Participant through which it holds an interest in such Separate Purchase Contract and Separate Note and to notify DTC through DTC’s DWAC System of such Beneficial Owner’s election to recreate a Unit, unless such Separate Purchase Contract and Separate 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 promptly cause delivery, in accordance with the delivery instructions set forth in such recreation notice, of one Unit in definitive form for such Definitive Securities. (b) Holders that recreate Units in accordance with this Section 2.04 shall be responsible for any fees or expenses payable in connection with such recreation, and the Company shall not be responsible for any such fees or expenses.

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) On any Business Day during the period beginning on, and including, the Business Day immediately following the Issue Date to, but excluding, the third Scheduled Trading Day immediately preceding December 1, 2017, and also excluding the Business Day immediately preceding any Installment Payment Date (provided that, for the avoidance of doubt, such right to recreate Units shall resume after such Business Day), a Holder or Beneficial Holder of a Separate Exchangeable Note and a Separate Amortizing Note may recreate a Unit (which will thereafter trade under the CUSIP number 442488 BN1 for the Units), and each such Separate Exchangeable Note and Separate Amortizing Note shall cease to exist. In order to recreate a Separate Exchangeable Note and Separate Amortizing Note into a Unit, a Beneficial Holder must deliver written instruction to the Participant through which it holds an interest in such Separate Exchangeable Note and Separate Amortizing Note to notify DTC through the DTC’s DWAC System of such Beneficial Holder’s election to recreate a Unit, following which the Units Agent, the Depositary and, pursuant to the applicable Indenture, each Trustee shall reflect on their books and records (i) an increase in the aggregate stated amount of Units represented by the Global Unit by the aggregate stated amount of Units so recreated and an increase in the number of Exchangeable Notes and Amortizing Notes represented by the Component Exchangeable Note and the Component Amortizing Note attached to the Global Unit as Attachments 3 and 4, respectively, in each case, by the aggregate stated amount of Units so recreated divided by $1,000 and (ii) a corresponding decrease in the number of Exchangeable Notes and Amortizing Notes represented by the Global Exchangeable Note and Global Amortizing Note, respectively, in each case, by the aggregate stated amount of Units so recreated divided by $1,000. If, however, such Separate Exchangeable Note and Separate Amortizing Note are in the form of Definitive Securities, the Holder thereof must deliver to the Units Agent such Definitive Securities, together with a recreation notice (which shall also be delivered to each Trustee, if other than the Units Agent), 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 promptly cause delivery, in accordance with the delivery instructions set forth in such recreation notice, of a Unit in defin...

Recreation of Units. 54 ARTICLE TWELVE THE TREASURY STRIPS

Recreation of Units. (a) On any Business Day during the period beginning on, and including, the Business Day immediately following the Issue Date to, but excluding, the second Scheduled Trading Day immediately preceding the Scheduled Mandatory Settlement Date or, if earlier, the second Scheduled Trading Day immediately preceding any Early Mandatory Settlement Date and also excluding the Business Day immediately preceding any Installment Payment Date (provided that the right to recreate the Units shall resume after such Business Day), a Holder of a Separate Purchase Contract and a Separate Note may recreate a Unit (which will thereafter trade under the CUSIP number [•] for the Units), and each such Separate Purchase Contract and Separate Note will cease to exist. In order to cause the recreation of a global Separate Purchase Contract and a global Separate Note into a Unit, a Beneficial Holder must comply with the applicable

Recreation of Units. 56 ARTICLE TWELVE The Treasury Strips