Common use of CERTAIN TERMS AND DEFINITIONS Clause in Contracts

CERTAIN TERMS AND DEFINITIONS. Section 3.01. As used herein, the following words and phrases shall have the following meanings: Trade Date: November 4, 2005 Closing Date November 9, 2005 Settlement Date: If neither Net Share Settlement nor Modified Net Share Settlement applies, the date that immediately follows the last Valuation Date by 3 Business Days; if Net Share Settlement or Modified Net Share Settlement applies, the date that immediately follows the last Valuation Date by 3 Clearance System Business Days. Business Day: Any day that is not a Saturday, a Sunday or a day on which banking institutions or trust companies in The City of New York are authorized or obligated by law or executive order to close. Clearance System Business Day: Any day on which the Clearance System is open (or, but for an event beyond the control of the parties as a result of which the Clearance System cannot clear the transfer of the Shares, would have been open) for the acceptance and execution of settlement instructions.

CERTAIN TERMS AND DEFINITIONS. Section 3.01. As used herein, the following words and phrases shall have the following meanings: Trade Date: November 4March 6, 2005 2006 Closing Date November March 9, 2005 2006 Settlement Date: If neither Net Share Settlement nor Modified Net Share Settlement applies, the date that immediately follows the last Valuation Date by 3 Business Days; if Net Share Settlement or Modified Net Share Settlement applies, the date that immediately follows the last Valuation Date by 3 Clearance System Business Days. Business Day: Any day that is not a Saturday, a Sunday or a day on which banking institutions or trust companies in The City of New York are authorized or obligated by law or executive order to close. Clearance System Business Day: Any day on which the Clearance System is open (or, but for an event beyond the control of the parties as a result of which the Clearance System cannot clear the transfer of the Shares, would have been open) for the acceptance and execution of settlement instructions.