Common use of Procedure for Discrepancies Clause in Contracts

Procedure for Discrepancies. Mellon shall follow its regular procedures to attempt to reconcile any discrepancies between the number of Old Shares that any Letter of Transmittal may indicate are owned by a surrendering stockholder and the number that the Record Stockholders List indicates such stockholder owned of record as of the Effective Time. This procedure involves conferring with the issuing agent and making any necessary corrections to the transfer books. In any instance where Mellon cannot reconcile such discrepancies by following such procedures, Mellon will consult with the Company for instructions as to the number of Old Shares, if any, Mellon is authorized to accept for exchange. In the absence of such instructions, Mellon is authorized not to accept any such Old Shares for exchange and will return to the surrendering stockholder (at Mellon’s option by either first class mail under a blanket surety bond or insurance protecting Mellon and the Company from losses or liabilities arising out of the non-receipt or non-delivery of Old Shares or by registered mail insured separately for the value of such Old Shares) to such stockholder’s address as set forth in the Letter of Transmittal any certificates for Old Shares surrendered in connection therewith, the related Letters of Transmittal and any other documents received with such Old Shares.

Procedure for Discrepancies. Mellon shall follow its regular procedures to attempt to reconcile any discrepancies between the number of Old Shares Options that any Letter of Transmittal may indicate are owned by a surrendering stockholder option holder and the number that the Record Stockholders List option holders list (provided by the Company) indicates such stockholder option holder owned of record as of the Effective Time. This procedure involves conferring with date Mellon receives the issuing agent and making any necessary corrections to the transfer booksLetter of Transmittal. In any instance where Mellon cannot reconcile such discrepancies by following such procedures, Mellon will consult with the Company for instructions as to the number of Old SharesOptions, if any, Mellon is authorized to accept for exchange. In the absence of such instructions, Mellon is authorized not to accept any such elections to exchange Old Shares for exchange Options and will return to the surrendering stockholder option holder (at Mellon’s option by either first class mail under a blanket surety bond or insurance protecting Mellon and the Company from losses or liabilities arising out of the non-receipt or non-delivery of Old Shares Options (if applicable) or by registered mail insured separately for the value of such Old SharesOptions) to such stockholderoption holder’s address as set forth in the Letter of Transmittal Transmittal, any certificates (if applicable) for Old Shares Options surrendered in connection therewith, the related Letters of Transmittal and any other documents received with such Old SharesOptions.