Common use of DIVIDENDS, DISTRIBUTIONS Clause in Contracts

DIVIDENDS, DISTRIBUTIONS. No dividends or other distributions with respect to Bidder Common Stock with a record date after the Effective Time shall be paid to the holder of any unsurrendered Certificate with respect to the shares of Bidder Common Stock represented thereby, and no cash payment in lieu of fractional shares shall be paid to any such holder pursuant to Section 2.2(h), and all such dividends, other distributions and cash in lieu of fractional shares of Bidder Common Stock shall be paid by the Bidder to the Exchange Agent and shall be included in the Exchange Fund, in each case until the surrender of such Certificate in accordance with this Article II. Subject to the effect of applicable abandoned property, escheat or similar laws, following surrender of any such Certificate there shall be paid to the holder of a Bidder Certificate representing whole shares of Bidder Common Stock issued in exchange therefor, without interest, (i) at the time of such surrender, the amount of dividends or other distributions with a record date after the Effective Time theretofore paid with respect to such whole shares of Bidder Common Stock and the amount of any cash payable in lieu of a fractional share of Bidder Common Stock to which such holder is entitled pursuant to Section 2.2(h), and (ii) at the appropriate payment date, the amount of dividends or other distributions with a record date after the Effective Time but prior to such surrender and with a payment date subsequent to such surrender payable with respect to such whole shares of Bidder Common Stock. The Bidder shall make available to the Exchange Agent cash for these purposes, if necessary.

DIVIDENDS, DISTRIBUTIONS. No dividends or other distributions with respect to Bidder Alcoa Common Stock with a record date after the Effective Time shall be paid to the holder of any unsurrendered Certificate with respect to the shares of Bidder Alcoa Common Stock represented thereby, and no cash payment in lieu of fractional shares shall be paid to any such holder pursuant to Section 2.2(h2.2(g), and all such dividends, other distributions and cash in lieu of fractional shares of Bidder Alcoa Common Stock shall be paid by the Bidder Alcoa to the Exchange Agent and shall be included in the Exchange Fund, in each case until the surrender of such Certificate in accordance with this Article II. Subject to the effect of applicable abandoned property, escheat or similar laws, following surrender of any such Certificate there shall be paid to the holder of a Bidder an Alcoa Certificate representing whole shares of Bidder Alcoa Common Stock issued in exchange therefor, without interest, (i) at the time of such surrender, the amount of dividends or other distributions with a record date after the Effective Time theretofore paid with respect to such whole shares of Bidder Alcoa Common Stock and the amount of any cash payable in lieu of a fractional share of Bidder Alcoa Common Stock to which such holder is entitled pursuant to Section 2.2(h2.2(g), and (ii) at the appropriate payment date, the amount of dividends or other distributions with a record date after the Effective Time but prior to such surrender and with a payment date subsequent to such surrender payable with respect to such whole shares of Bidder Alcoa Common Stock. The Bidder Alcoa shall make available to the Exchange Agent cash for these purposes, if necessary.

DIVIDENDS, DISTRIBUTIONS. No dividends or other distributions ------------------------ with respect to Bidder Parent Common Stock with a record date after the Effective Time shall be paid to the holder of any unsurrendered Certificate with respect to the shares of Bidder Parent Common Stock represented thereby, and no cash payment in lieu of fractional shares shall be paid to any such holder pursuant to Section 2.2(h2.8(h), and all such dividends, other distributions and cash in lieu of fractional shares of Bidder Parent Common Stock shall be paid by the Bidder Parent to the Exchange Agent and shall be included in the Exchange Fund, in each case until the surrender of such Certificate in accordance with this Article II. Subject to the effect of applicable abandoned property, escheat or similar laws, following surrender of any such Certificate there shall be paid to the holder of a Bidder the Parent Certificate representing whole shares of Bidder Parent Common Stock issued in exchange therefor, without interest, (i) at the time of such surrender, the amount of dividends or other distributions with a record date after the Effective Time theretofore paid with respect to such whole shares of Bidder Parent Common Stock and the amount of any cash payable in lieu of a fractional share of Bidder Parent Common Stock to which such holder is entitled pursuant to Section 2.2(h), 2.8(h) and (ii) at the appropriate payment date, the amount of dividends or other distributions with a record date after the Effective Time but prior to such surrender and with a payment date subsequent to such surrender payable with respect to such whole shares of Bidder Parent Common Stock. The Bidder Parent shall make available to the Exchange Agent cash for these purposes, if necessary.

DIVIDENDS, DISTRIBUTIONS. No dividends or other distributions with respect to Bidder EDO Common Stock with a record date after the Effective Time shall be paid to the holder of any unsurrendered Certificate with respect to the shares of Bidder Common Stock represented thereby, Shares and no cash payment in lieu of fractional shares shall be paid to any such holder pursuant to Section 2.2(h1.6(h), and and, subject to Section 1.7, all such dividends, other distributions and cash in lieu of fractional shares of Bidder EDO Common Stock shall be paid by the Bidder EDO to the Exchange Agent and shall be included in the Exchange Fund, in each case until the surrender of such Certificate in accordance with this Article IISection 1.6. Subject to the effect of applicable abandoned property, escheat or similar laws, following surrender of any such Certificate and subject to Section 1.7, there shall be paid to the holder of a Bidder the EDO Certificate representing whole shares of Bidder EDO Common Stock issued in exchange therefor, without interest, (i) at the time of such surrender, the amount of dividends or other distributions with a record date after the Effective Time theretofore paid with respect to such whole shares of Bidder EDO Common Stock and the amount of any cash payable in lieu of a fractional share of Bidder EDO Common Stock to which such holder is entitled pursuant to Section 2.2(h), 1.6(h) and (ii) at the appropriate payment date, the amount of dividends or other distributions with a record date after the Effective Time but prior to such surrender and with a payment date subsequent to such surrender payable with respect to such whole shares of Bidder EDO Common Stock. The Bidder EDO shall make available to the Exchange Agent (or the Escrow Agent, as applicable) cash for these purposes, if necessary.