Determining Party. For all applicable Extraordinary Events, Dealer; provided that when making any determination or calculation as “Determining Party,” Dealer shall be bound by the same obligations relating to required acts of the Calculation Agent as set forth in Section 1.40 of the Equity Definitions and this Confirmation as if the Determining Party were the Calculation Agent. Non-Reliance: Applicable Agreements and Acknowledgments Regarding Hedging Activities: Applicable Additional Acknowledgments: Applicable
Appears in 29 contracts
Samples: Call Option Transaction (Uniti Group Inc.), Warrant Agreement (CONMED Corp), Warrant Agreement (CONMED Corp)
Determining Party. For Dealer for all applicable Extraordinary Events, Dealer; provided that that, when making any determination or calculation as “Determining Party,” Dealer shall be bound by the same obligations relating to required acts of the Calculation Agent as set forth in Section 1.40 of the Equity Definitions and this Confirmation as if the Determining Party were the Calculation Agent. The parties agree that they will comply with the provisions set forth in the second sentence under “Calculation Agent” above, as if the Determining Party were the Calculation Agent for purposes thereof. Non-Reliance: Applicable Applicable. Agreements and Acknowledgments Acknowledgements Regarding Hedging Activities: Applicable Additional Acknowledgments: Applicable.
Appears in 6 contracts
Samples: Base Capped Call Transaction (China Lodging Group, LTD), Additional Capped Call Transaction (China Lodging Group, LTD), Confirmation of Additional Capped Call Transaction (China Lodging Group, LTD)
Determining Party. For Dealer for all applicable Extraordinary Events, Dealer; provided that that, when making any determination or calculation as “Determining Party,” Dealer shall be bound by the same obligations relating to required acts of the Calculation Agent as set forth in Section 1.40 of the Equity Definitions and this Confirmation as if the Determining Party were the Calculation Agent. Non-Reliance: Applicable Applicable. Agreements and Acknowledgments Acknowledgements Regarding Hedging Activities: Applicable Additional Acknowledgments: Applicable.
Appears in 2 contracts
Samples: Note Hedge Transaction (DISH Network CORP), Warrant Transaction Confirmation (DISH Network CORP)
Determining Party. For all applicable Extraordinary Events, Dealer; provided that when making any determination or calculation as “Determining Party,” Dealer shall be bound by the same obligations relating to required acts of the Calculation Agent as set forth in Section 1.40 of the Equity Definitions and this Confirmation as if the Determining Party were the Calculation Agent. Non-Reliance: Applicable Agreements and Acknowledgments Applicable Regarding Hedging Activities: Applicable Additional Acknowledgments: Applicable:
Appears in 1 contract
