Common use of Settlement Cycle Clause in Contracts

Settlement Cycle. The parties hereto agree and acknowledge that as of the Trade Date, the Settlement Cycle is three (3) Clearance System Business Days. Limitation on Receipt of Shares: Notwithstanding any other provisions of this Confirmation, Party A shall not be entitled to receive Shares or Class B Shares under this Confirmation (whether in connection with a settlement or early termination of the Transaction or any foreclosure or other exercise of rights or remedies with respect to any Collateral or otherwise) to the extent (but only to the extent) that such receipt would result in Parent directly or indirectly beneficially owning (as such term is defined for purposes of Section 13(d) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”)) or otherwise directly or indirectly owning, controlling or holding with the power to vote (as such terms are used in Section 2(a)(3) of the ▇▇▇▇ ▇▇▇) at any time in excess of 4.9% of the outstanding Shares. Any purported delivery under this Confirmation shall be void and have no effect to the extent (but only to the extent) that such delivery would result in Parent directly or indirectly so beneficially owning or otherwise directly or indirectly owning, controlling or holding with the power to vote (as such terms are used in Section 2(a)(3) of the ▇▇▇▇ ▇▇▇) in excess of 4.9% of the outstanding Shares. Except as otherwise provided herein, if any delivery owed to Party A under this Confirmation is not made, in whole or in part, as a result of this provision, Party B’s obligation to make such delivery shall not be extinguished and Party B shall make such delivery as promptly as practicable after, but in no event later than one Currency Business Day after, Party A gives notice to Party B that such delivery would not result in Parent directly or indirectly beneficially owning or otherwise directly or indirectly owning, controlling or holding with the power to vote (as such terms are used in Section 2(a)(3) of the ▇▇▇▇ ▇▇▇) in excess of 4.9% of the outstanding Shares. Notwithstanding the preceding paragraph, as of the earlier of March 31, 2006 and the date 90 calendar days immediately following the date (if any) to which the Valuation Date is accelerated pursuant to “Acceleration of the Valuation Date” above, Party B shall have the right to deliver to Party A any remaining number of Shares required to be delivered hereunder in settlement of the Transaction irrespective of whether such delivery would result in Parent directly or indirectly beneficially owning (as such term is defined for purposes of Section 13(d) of the Exchange Act) or otherwise directly or indirectly owning, controlling or holding with the power to vote (as such terms are used in Section 2(a)(3) of the ▇▇▇▇ ▇▇▇) at any time in excess of 4.9% of the outstanding Shares. Dividends:

Settlement Cycle. The parties hereto agree and acknowledge that as of the Trade Date, the Settlement Cycle is three (3) Clearance System Business Days. Limitation on Receipt of Shares: Notwithstanding any other provisions of this Confirmation, Party A shall not be entitled to receive Shares or Class B Shares under this Confirmation (whether in connection with a settlement or early termination of the Transaction or any foreclosure or other exercise of rights or remedies with respect to any Collateral or otherwise) to the extent (but only to the extent) that such receipt would result in Parent directly or indirectly beneficially owning (as such term is defined for purposes of Section 13(d) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”)) or otherwise directly or indirectly owning, controlling or holding with the power to vote (as such terms are used in Section 2(a)(3) of the ▇1▇▇▇ ▇▇▇) at any time in excess of 4.9% of the outstanding Shares. Any purported delivery under this Confirmation shall be void and have no effect to the extent (but only to the extent) that such delivery would result in Parent directly or indirectly so beneficially owning or otherwise directly or indirectly owning, controlling or holding with the power to vote (as such terms are used in Section 2(a)(3) of the ▇1▇▇▇ ▇▇▇) in excess of 4.9% of the outstanding Shares. Except as otherwise provided herein, if any delivery owed to Party A under this Confirmation is not made, in whole or in part, as a result of this provision, Party B’s obligation to make such delivery shall not be extinguished and Party B shall make such delivery as promptly as practicable after, but in no event later than one Currency Business Day after, Party A gives notice to Party B that such delivery would not result in Parent directly or indirectly beneficially owning or otherwise directly or indirectly owning, controlling or holding with the power to vote (as such terms are used in Section 2(a)(3) of the ▇1▇▇▇ ▇▇▇) in excess of 4.9% of the outstanding Shares. Notwithstanding the preceding paragraph, as of the earlier of March 31, 2006 and the date 90 calendar days immediately following the date (if any) to which the Valuation Date is accelerated pursuant to “Acceleration of the Valuation Date” above, Party B shall have the right to deliver to Party A any remaining number of Shares required to be delivered hereunder in settlement of the Transaction irrespective of whether such delivery would result in Parent directly or indirectly beneficially owning (as such term is defined for purposes of Section 13(d) of the Exchange Act) or otherwise directly or indirectly owning, controlling or holding with the power to vote (as such terms are used in Section 2(a)(3) of the ▇1▇▇▇ ▇▇▇) at any time in excess of 4.9% of the outstanding Shares. Dividends: