Common use of Delivery of and Payment Clause in Contracts

Delivery of and Payment. (a) Delivery by the Trust of the Firm Securities to the Representatives for the respective accounts of the several Underwriters and payment by the Underwriters therefor by wire transfer in federal (same day) funds to such account as the Company shall specify on behalf of the Trust, shall take place at the office, on the date and at the time specified in Schedule 1 hereto, which date and time may be postponed by agreement between the Representatives and the Company or as provided in Section 9 hereof (such date and time of delivery and payment for the Firm Securities being herein called the "First Closing Date"). (b) The Firm Securities will be in the form of one or more global Firm Securities registered in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"). (c) At any time on or before the thirtieth day after the date hereof, the option granted in Section 2(b) hereof may be exercised by written notice being given to the Trust by the Representatives. Such notice shall set forth the aggregate liquidation amount of Option Securities as to which the option is being exercised and the date and time, as determined by the Representatives, when the Option Securities are to be delivered; provided, however, that this date and time shall not be earlier than the First Closing Date nor earlier than the third business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. The date and time the Option Securities are delivered are sometimes referred to as the "Second Closing Date" and the First Closing Date and the Second Closing Date are sometimes referred to as a "Closing Date." (d) Delivery by the Trust of the Option Securities to the Representatives for the respective accounts of the several Underwriters and payment by the Underwriters therefor by wire transfer in federal (same day) funds to such account as the Company will specify on behalf of the Trust, shall take place at the office and at the time agreed to in advance by the Underwriters and the Company, on the Second Closing Date, which date and time may be postponed by agreement between the Representatives and the Company or as provided in Section 9 hereof. (e) The Option Securities will be in the form of one or more global Option Securities registered in the name of Cede & Co., as nominee of DTC. (f) On the First Closing Date and the Second Closing Date, the Company shall pay, or cause to be paid, the commissions payable on such Closing Date to the Representatives for the accounts of the Underwriters under Section 2 by wire transfer in federal (same day) funds to such account as the Representatives shall specify.

Delivery of and Payment. (a) Delivery by the Trust Company of the Firm Preferred Securities to the Representatives for the respective accounts of the several Underwriters and payment by the Underwriters therefor by wire transfer in federal (same day) funds to such account as the Company shall specify on behalf of the Trustspecify, shall take place at the officeoffices of ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, at 8:30 a.m. (Pacific Daylight Time) on the date and at the time specified in Schedule 1 heretoAugust ___, which 2001 or such other date and time may be postponed by agreement as agreed between the Representatives and the Company or as provided in Section 9 hereof (such date and time of delivery and payment for the Firm Preferred Securities being herein called the "First Firm Closing Date"). The date for the delivery of the Optional Preferred Securities, being herein referred to as the "Optional Closing Date", which may be the Firm Closing Date (the Firm Closing Date and the Optional Closing Date, if any, are herein referred to sometimes as the "Closing Date"), shall be determined by the Underwriters. Unless otherwise agreed by the Representatives and the Company, the place of delivery of the Optional Preferred Securities shall be the same as that for the Firm Preferred Securities. (ba) The Firm Preferred Securities will be in the form of one or more global Firm Preferred Securities registered in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"). (c) At any time on or before the thirtieth day after the date hereof, the option granted in Section 2(b) hereof may be exercised by written notice being given to the Trust by the Representatives. Such notice shall set forth the aggregate liquidation amount of Option Securities as to which the option is being exercised and the date and time, as determined by the Representatives, when the Option Securities are to be delivered; provided, however, that this date and time shall not be earlier than the First Closing Date nor earlier than the third business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. The date and time the Option Securities are delivered are sometimes referred to as the "Second Closing Date" and the First Closing Date and the Second Closing Date are sometimes referred to as a "Closing Date." (d) Delivery by the Trust of the Option Securities to the Representatives for the respective accounts of the several Underwriters and payment by the Underwriters therefor by wire transfer in federal (same day) funds to such account as the Company will specify on behalf of the Trust, shall take place at the office and at the time agreed to in advance by the Underwriters and the Company, on the Second Closing Date, which date and time may be postponed by agreement between the Representatives and the Company or as provided in Section 9 hereof. (e) The Option Securities will be in the form of one or more global Option Securities registered in the name of Cede & Co., as nominee of DTC. (fb) On the First Closing Date and the Second each Closing Date, the Company shall pay, or cause to be paid, the commissions payable on such Closing Date to the Representatives for the accounts of the Underwriters under Section 2 by wire transfer in federal (same day) funds to such account as the Representatives shall specify.

Delivery of and Payment. (a) Delivery by the Trust Company of the Firm Initial Preferred Securities to the Representatives for the respective accounts of the several Underwriters and payment by the Underwriters therefor by wire transfer in federal (same day) funds to such account as the Company shall specify on behalf of the Trustspecify, shall take place at the officeoffices of Simp▇▇▇ ▇▇▇▇▇▇▇ & ▇art▇▇▇▇, ▇▇5 ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇ 9:30 a.m. on the date and at the time specified in Schedule 1 heretoMarch 28, which 2001 or such other date and time may be postponed by agreement as agreed between the Representatives and the Company or as provided in Section 9 hereof (such date and time of delivery and payment for the Firm Preferred Securities being herein called the "First Initial Closing Date"). (b) The Firm Initial Preferred Securities will be in the form of one or more global Firm Preferred Securities registered in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"). (c) At any time on or before On the thirtieth day after the date hereofInitial Closing Date, the option granted in Section 2(b) hereof may Company shall pay, or cause to be exercised by written notice being given paid, the commissions payable on the Initial Closing Date to the Trust Representatives for the accounts of the Underwriters under Section 2 by the Representatives. Such notice shall set forth the aggregate liquidation amount of Option Securities as wire transfer in federal (same day) funds to which the option is being exercised and the date and time, as determined by the Representatives, when the Option Securities are to be delivered; provided, however, that this date and time shall not be earlier than the First Closing Date nor earlier than the third business day after the date on which the option shall have been exercised nor later than the fifth business day after the date on which the option shall have been exercised. The date and time the Option Securities are delivered are sometimes referred to such account as the "Second Closing Date" and the First Closing Date and the Second Closing Date are sometimes referred to as a "Closing DateRepresentatives shall specify." (d) Delivery by the Trust Company of the Option Optional Preferred Securities to the Representatives for the respective accounts of the several Underwriters and payment by the Underwriters therefor by wire transfer in federal (same day) funds to such account as the Company will specify on behalf of the Trustshall specify, shall take place at the office and at the time agreed to in advance by the Underwriters and the Companyoffices of Simp▇▇▇ ▇▇▇▇▇▇▇ & ▇art▇▇▇▇, ▇▇5 ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇ 9:30 a.m. on the Second Option Closing Date, which Date or at such other date and time may or place as shall be postponed determined by agreement between the Representatives and the Company or as provided in Section 9 hereofCompany. (e) The Option Optional Preferred Securities will be in the form of one or more global Option Preferred Securities registered in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"). (f) On the First Closing Date and the Second Option Closing Date, the Company shall pay, or cause to be paid, the commissions payable on such the Option Closing Date to the Representatives for the accounts of the Underwriters under Section 2 by wire transfer in federal (same day) funds to such account as the Representatives shall specify.