This paragraph shall not apply to any merger between BNC and TBF.
To the extent that amounts are so withheld by Parent or one of the Surviving Entities, as the case may be, such withheld amounts shall be treated for all purposes of this Agreement as having been paid to the holder of the shares of EFTC Common Stock or TBF II Units, as the case may be, in respect of which such deduction and withholding was made.
If at any time prior to the Effective Time any event relating to EFTC or any of its Affiliates (other than Thayer-BLUM or any of its Affiliates), officers or directors should be discovered by EFTC which should be set forth in an amendment to the Registration Statement or a supplement to the Joint Proxy Statement/Prospectus, EFTC shall promptly inform TBF II.
It will also not be deemed to have occurred if there is a merger between BNC and TBF.
FIRM DEMAND CHARGE Customers taking service on the TSF or TBF rate schedules will be billed, in equal monthly amounts, an annual firm demand charge for each Dth of contracted firm transportation.