Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Date, with respect to the matters set forth in Sections 8(a) through (c) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 84 contracts
Samples: Call Option Transaction (Applied Digital Corp.), Call Option Transaction (Snap Inc), Call Option Transaction (MP Materials Corp. / DE)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Trade Date, with respect to the matters set forth in Sections 8(a) through (c) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 57 contracts
Samples: Call Option Transaction (Guidewire Software, Inc.), Call Option Transaction (Bloom Energy Corp), Additional Call Option Transaction (Live Nation Entertainment, Inc.)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Date, with respect to the matters set forth in Sections 8(a) through (c) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 32 contracts
Samples: Call Option Transaction (Porch Group, Inc.), Call Option Transaction (Akamai Technologies Inc), Call Option Transaction (LivaNova PLC)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Trade Date, with respect to the matters set forth in Sections 8(a) through (c) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions Confirmation (except as to whether or not this Confirmation constitutes Counterparty’s valid and qualificationsbinding obligation or is enforceable against Counterparty in accordance with its terms). Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 10 contracts
Samples: Base Call Option Transaction (Chart Industries Inc), Call Option Transaction (Chart Industries Inc), Base Call Option Transaction (Chart Industries Inc)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Date, with respect to the matters set forth in Sections 8(a) through (c) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications, including, without limitation, exceptions and qualifications relating to indemnification provisions. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 10 contracts
Samples: Call Option Transaction (Horizon Pharma, Inc.), Call Option Transaction (Horizon Pharma, Inc.), Call Option Transaction (Gilead Sciences Inc)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Date, with respect covering customary matters, and subject to the matters set forth customary assumptions, qualifications and exceptions, in Sections 8(a) through (c) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualificationseach case reasonably acceptable to Dealer. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 9 contracts
Samples: Call Option Transaction (MARRIOTT VACATIONS WORLDWIDE Corp), Call Option Transaction (CalAmp Corp.), Base Call Option Transaction (CalAmp Corp.)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Trade Date, with respect to the matters set forth in Sections 8(a) through (cd) of this ConfirmationConfirmation (except as to whether this Confirmation constitutes Counterparty’s valid and binding obligation or is enforceable in accordance with its terms); provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 8 contracts
Samples: Additional Convertible Bond Hedge Transaction (Air Transport Services Group, Inc.), Base Convertible Bond Hedge Transaction (Air Transport Services Group, Inc.), Additional Convertible Bond Hedge Transaction (Air Transport Services Group, Inc.)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Trade Date, with respect to the matters set forth in Sections 8(a) through (cSection 3(a) of this Confirmation; provided that any such opinion of counsel may contain the Agreement, subject to customary exceptions assumptions, qualifications, and qualificationsexceptions. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 8 contracts
Samples: Call Option Transaction (Repay Holdings Corp), Base Call Option Transaction (Repay Holdings Corp), Call Option Transaction (Xerox Corp)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Trade Date, with respect to the matters set forth in Sections 8(a) through (c) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 8 contracts
Samples: Call Option Transaction (TTM Technologies Inc), Additional Call Option Transaction (TTM Technologies Inc), Base Call Option Transaction (TTM Technologies Inc)
Opinions. Counterparty shall deliver to Dealer Dealer, on the Premium Payment Date, an opinion of counsel, dated as of the Premium Payment Trade Date, with respect to the matters set forth in Sections 8(a) (other than to the validity, binding effect and enforceability of the Transaction) through (c) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 6 contracts
Samples: Call Option Transaction (Ezcorp Inc), Call Option Transaction (Ezcorp Inc), Call Option Transaction (Ezcorp Inc)
Opinions. Counterparty shall deliver to Dealer an opinion one or more opinions of counsel, dated as of the Premium Payment Date, given by Xxxxxx & Xxxxxxx LLP, with respect to the matters set forth in Sections 8(a) through (c) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualificationsqualifications including, without limitation, exceptions and qualifications relating to indemnification provisions. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 6 contracts
Samples: Additional Call Option Transaction (Nevro Corp), Base Call Option Transaction (Nevro Corp), Call Option Transaction (Nevro Corp)
Opinions. Counterparty shall deliver to Dealer an opinion of counselcounsel (subject to customary qualifications, assumptions and exceptions), dated as of the Premium Payment Date, with respect to the matters set forth in Sections 8(a) through (c) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 6 contracts
Samples: Base Call Option Transaction (Intercept Pharmaceuticals Inc), Base Call Option Transaction (Intercept Pharmaceuticals Inc), Base Call Option Transaction (Intercept Pharmaceuticals Inc)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Date, with respect to the matters set forth in Sections 8(a) through (c) of this ConfirmationConfirmation (except as to whether this Confirmation constitutes Counterparty’s valid and binding obligation or is enforceable in accordance with its terms); provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 6 contracts
Samples: Base Call Option Transaction (Invacare Corp), Call Option Transaction (Invacare Corp), Call Option Transaction (Invacare Corp)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Effective Date, with respect to the matters set forth in Sections 8(a) through (c) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 6 contracts
Samples: Call Option Transaction (Parsons Corp), Call Option Transaction (Parsons Corp), Call Option Transaction (Aceto Corp)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Trade Date, with respect to the matters set forth in Sections 8(a8(a) through (c(c) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 5 contracts
Samples: Call Option Transaction (Avaya Holdings Corp.), Call Option Transaction (Avaya Holdings Corp.), Base Call Option Transaction (Avaya Holdings Corp.)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Date, with respect to the matters set forth in Sections 8(a) through (c) of the Confirmation (giving effect to the deemed amendments under Section 2 above). In respect of obligations under the Confirmation as amended by this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery Amendment, delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each such obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 5 contracts
Samples: Call Option Transaction (Allscripts Healthcare Solutions, Inc.), Call Option Transaction (Allscripts Healthcare Solutions, Inc.), Call Option Transaction (Allscripts Healthcare Solutions, Inc.)
Opinions. Counterparty shall deliver to Dealer an opinion opinions of counsel, dated as of the Premium Payment Date, with respect to the matters set forth in Sections 8(a) through (c) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery of such opinion opinions to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 5 contracts
Samples: Call Option Transaction (SM Energy Co), Base Call Option Transaction (SM Energy Co), Base Call Option Transaction (SM Energy Co)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Trade Date, with respect to the matters set forth in Sections 8(a) through (ce) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 4 contracts
Samples: Call Option Transaction (Tower Group, Inc.), Base Call Option Transaction (Tower Group, Inc.), Call Option Transaction (Tower Group, Inc.)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Trade Date, with respect to the matters set forth in Sections 8(a) through (c) of this ConfirmationConfirmation (except as to whether this Confirmation constitutes Counterparty’s valid and binding obligation or is enforceable in accordance with its terms); provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 4 contracts
Samples: Call Option Transaction (Invacare Corp), Call Option Transaction (Invacare Corp), Base Call Option Transaction (Invacare Corp)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Amendment and Restatement Date, with respect to the matters set forth in Sections 8(a) through (c) of this Amended and Restated Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 4 contracts
Samples: Base Cash Convertible Bond Hedge Transaction (Liberty Media Corp), Additional Cash Convertible Bond Hedge Transaction (Liberty Media Corp), Additional Cash Convertible Bond Hedge Transaction (Liberty Media Corp)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Date, with respect to the matters set forth in Sections 8(a8(a) through (c(d) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 3 contracts
Samples: Call Option Transaction (Cracker Barrel Old Country Store, Inc), Call Option Transaction (Perficient Inc), Call Option Transaction (Perficient Inc)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment DateJune 18, 2013, with respect to the matters set forth in Sections 8(a) through (c) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 3 contracts
Samples: Call Option Transaction (Allscripts Healthcare Solutions, Inc.), Call Option Transaction (Allscripts Healthcare Solutions, Inc.), Call Option Transaction (Allscripts Healthcare Solutions, Inc.)
Opinions. Counterparty shall deliver to Dealer an opinion one or more opinions of counsel, dated as of the Premium Payment Date, with respect to the matters set forth in Sections 8(a) through (cSection 3(a) of this Confirmationthe Agreement; provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery of such opinion or opinions, as the case may be, when due, to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 3 contracts
Samples: Call Option Transaction (Uniti Group Inc.), Call Option Transaction (I3 Verticals, Inc.), Call Option Transaction (Uniti Group Inc.)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Additional Premium Payment Date, with respect to the matters set forth in Sections 8(a) through (c) of the Confirmation (giving effect to the deemed amendments under Section 2 above). In respect of obligations under the Confirmation as amended by this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery Amendment, delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each such obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 2 contracts
Samples: Call Option Transaction (Albany Molecular Research Inc), Call Option Transaction (Albany Molecular Research Inc)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Trade Date, with respect to the matters set forth in Sections 8(a) through (c) of this Confirmation; provided that any such opinion of counsel may contain Confirmation (subject to customary exceptions and qualifications). Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 2 contracts
Samples: Call Option Transaction (Volcano Corp), Base Call Option Transaction (Volcano Corp)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Date, with respect to the matters set forth in Sections 8(a) through (c) of this Confirmation; Confirmation provided that any such as the opinion of counsel may contain customary exceptions and qualifications. Delivery of such opinion relates to Dealer Section 8(b) the agreements or instruments covered thereby shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect limited to each obligation of Dealer under Section 2(a)(i) of the Agreement.certain material agreements reasonably acceptable to Dealer..
Appears in 2 contracts
Samples: Base Call Option Transaction (PetIQ, Inc.), Call Option Transaction (PetIQ, Inc.)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment DateClosing Date (as defined in the Purchase Agreement), with respect to the matters set forth in Sections 8(a) through (cd) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 2 contracts
Samples: Convertible Note Hedge Transaction (Cadence Design Systems Inc), Convertible Note Hedge Transaction (Cadence Design Systems Inc)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment DateTrade Date and reasonably acceptable to Dealer in form and substance, with respect to the matters set forth in Sections 8(a) through (c) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 2 contracts
Samples: Base Call Option Transaction (Navistar International Corp), Base Call Option Transaction (Navistar International Corp)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Trade Date, with respect to the matters set forth in Sections 8(a) through (c) of this Confirmation; provided that any such opinion of counsel may contain , subject to customary exceptions assumptions, qualifications and qualificationsexemptions, in each case, reasonably acceptable to Dealer. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 2 contracts
Samples: Call Option Transaction (Merit Medical Systems Inc), Call Option Transaction (Array Technologies, Inc.)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Trade Date, with respect to the matters set forth in Sections 8(a) through (c) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.. (b)
Appears in 2 contracts
Samples: Base Call Option Transaction (Knowles Corp), Base Call Option Transaction (Knowles Corp)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, on and dated as of the Premium Payment Date, with respect to the matters set forth in Sections 8(a) through (c) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 2 contracts
Samples: Base Call Option Transaction (GoPro, Inc.), Call Option Transaction (GoPro, Inc.)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Date, with respect to the matters set forth in Sections 8(a) through (cSection 3(a) of this Confirmationthe Agreement; provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery of such opinion or opinions, as the case may be, to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 2 contracts
Samples: Call Option Transaction (Itron, Inc.), Call Option Transaction (Itron, Inc.)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Date, with respect to the matters set forth in Sections 8(a) through (c8(d) of this Confirmation; provided that any such opinion of counsel may contain , subject to customary exceptions assumptions, qualifications and qualificationsexemptions, in each case reasonably acceptable to Dealer. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 2 contracts
Samples: Call Option Transaction (MARRIOTT VACATIONS WORLDWIDE Corp), Call Option Transaction (MARRIOTT VACATIONS WORLDWIDE Corp)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Date, with respect to the matters set forth in Sections 8(a8(a) through (c(c) of this ConfirmationConfirmation (except as to whether this Confirmation constitutes Counterparty’s valid and binding obligation or is enforceable in accordance with its terms); provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 2 contracts
Samples: Additional Call Option Transaction (Patrick Industries Inc), Base Call Option Transaction (Patrick Industries Inc)
Opinions. Counterparty shall deliver to Dealer an opinion of counselcounsel in form and substance reasonably acceptable to Dealer, dated as of the Premium Payment Trade Date, with respect to the matters set forth in Sections 8(a) through (c) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 2 contracts
Samples: Call Option Transaction (Group 1 Automotive Inc), Base Call Option Transaction (Group 1 Automotive Inc)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Trade Date, with respect to the matters set forth in Sections 8(a) through (c) of this Confirmation; provided that any such opinion of counsel may contain Confirmation (subject to customary assumptions, exceptions and qualifications). Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 2 contracts
Samples: Call Option Transaction (Albany Molecular Research Inc), Call Option Transaction (Albany Molecular Research Inc)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Datedate hereof, with respect to the matters set forth in Sections 8(a) through (c) of the Confirmation (giving effect to the deemed amendments under Section 2 above). In respect of obligations under the Confirmation as amended by this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery Amendment, delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each such obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 2 contracts
Samples: Call Option Transaction (Healthways, Inc), Call Option Transaction (Healthways, Inc)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Trade Date, with respect to the matters set forth in Sections 8(a) through (c) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications, including, without limitation, exceptions and qualifications relating to indemnification provisions. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 2 contracts
Samples: Call Option Transaction (Horizon Pharma, Inc.), Call Option Transaction (Horizon Pharma, Inc.)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Date, with respect to Counterparty in relation to the matters set forth in Sections 8(a) through (c) of this Confirmation; provided that any such opinion of counsel may will contain customary exceptions and qualifications. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 2 contracts
Samples: Call Option Transaction (On Semiconductor Corp), Call Option Transaction (On Semiconductor Corp)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Trade Date, with respect to the matters set forth in Sections 8(a) through (c) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications. , including, without limitation, exceptions and qualifications relating to indemnification provisions; Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 2 contracts
Samples: Call Option Transaction (Apellis Pharmaceuticals, Inc.), Base Call Option Transaction (Apellis Pharmaceuticals, Inc.)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Trade Date, with respect to the matters set forth in Sections Section 8(a) through (c) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 2 contracts
Samples: Base Call Option Transaction (Electronic Arts Inc.), Call Option Transaction (Electronic Arts Inc.)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Trade Date, with respect to the matters set forth in Sections 8(a) through (c) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications, including, without limitation, exceptions and qualifications relating to indemnification provisions. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 2 contracts
Samples: Call Option Transaction (Okta, Inc.), Call Option Transaction (Hubspot Inc)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Trade Date, with respect to the matters set forth in Sections 8(a) through (c) of this Confirmation; provided that any Confirmation which shall be deemed delivered to Dealer hereunder if such opinion of counsel may contain customary exceptions and qualificationsis delivered to Dealer under the Purchase Agreement. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 2 contracts
Samples: Base Call Option Transaction (Kbr, Inc.), Base Call Option Transaction (Kbr, Inc.)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Date, with in a form reasonably satisfactory to Dealer. In respect to of obligations under the matters set forth in Sections 8(a) through (c) of Confirmation as amended by this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery Amendment, delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each such obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 1 contract
Opinions. Counterparty shall deliver to Dealer an opinion one or more opinions of counsel, dated as of the Premium Payment Date, with respect to the matters set forth in Sections 8(aSection 3(a) through (cof the Agreement and Section 8(d) of this Confirmation; provided that any such opinion of counsel may contain Confirmation subject to customary exceptions assumptions, qualifications, and qualificationsexceptions. Delivery of such opinion opinion(s) to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 1 contract
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Date, with respect to the matters set forth in Section 3(a) of the Agreement and Sections 8(a8(f) through (cand 8(g) of this Confirmation; provided that any such opinion of counsel may contain , subject to customary exceptions assumptions, qualifications, and qualificationsexceptions. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 1 contract
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Date, with respect to the matters set forth in Sections 8(a) through (cd) (excluding Section 8(a)(iii)(B)) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 1 contract
Samples: Call Option Transaction (Revance Therapeutics, Inc.)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Date, with respect to the matters set forth in Section 3(a) of the Agreement and Sections 8(a8(f) through (cand 8(g) of this Confirmation; provided that any such opinion of counsel may contain , subject to customary exceptions assumptions, qualifications, and qualificationsexceptions. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement. 6 Include for applicable Dealers.
Appears in 1 contract
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Date, with respect to the matters set forth in Sections 8(a) 0 through (c) 0 of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 1 contract
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Date, with respect to the matters set forth in Sections 8(a) through (c) of this Confirmation; provided that any such opinion of counsel may contain , subject to customary exceptions assumptions, qualifications and qualificationsexemptions, in each case, reasonably acceptable to Dealer. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement. 40 Include for applicable Dealers.
Appears in 1 contract
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Trade Date, with respect to the matters set forth in Sections 8(a) through (c) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.. 18
Appears in 1 contract
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Trade Date, with respect to the matters set forth in Sections 8(a) through (c) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications, including, without limitation, excepts and qualifications relating to indemnification provisions. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 1 contract
Samples: Call Option Transaction (Yahoo Inc)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Trade Date, with respect to the matters set forth in Sections 8(a) through (c) of this Confirmation; provided that any such opinion of counsel may contain all customary exceptions and qualifications. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 1 contract
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Date, with respect to the matters set forth in Sections 8(a) through (cd) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 1 contract
Samples: Base Call Option Transaction (SmileDirectClub, Inc.)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Trade Date, with respect to the matters set forth in Sections 8(a) through (c) of this Confirmation; provided that any such opinion of counsel may contain , subject to customary exceptions assumptions, qualifications and qualificationsexemptions, in each case, reasonably acceptable to Dealer. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement. 17 Include for applicable Dealers.
Appears in 1 contract
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment DateDate and reasonably acceptable to Dealer in form and substance, with respect to the matters set forth in Sections 8(a8(a)(i) through and (ii), (b) and (c) of this Confirmation; provided that any such opinion of counsel may contain , subject to customary exceptions assumptions, qualifications and qualificationsexceptions. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 1 contract
Samples: Call Option Transaction (Alnylam Pharmaceuticals, Inc.)
Opinions. Counterparty shall deliver to Dealer an opinion or opinions of counsel, dated as of the Premium Payment Trade Date, with respect to the matters set forth in Sections 8(a) through (c) of this Confirmation; provided that any such opinion of counsel may contain customary , subject to the limitations and exceptions and qualifications. Delivery of such opinion to Dealer shall be a condition precedent for set forth in the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Purchase Agreement.
Appears in 1 contract
Samples: Call Option Transaction (Caci International Inc /De/)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment DateDate , with respect to the matters set forth in Sections 8(a) through (c) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 1 contract
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Date, with respect to the matters set forth in Sections 8(a) through (cSection 3(a) of this Confirmation; provided that any such opinion of counsel may contain the Agreement, subject to customary exceptions assumptions, qualifications, and qualificationsexceptions. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 1 contract
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Trade Date, with respect to the matters set forth in Sections 8(a) through (c8(c) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery of 13 such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 1 contract
Samples: Call Option Transaction Confirmation (Interactive Intelligence Group, Inc.)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Date, with respect to the matters set forth in Sections 8(a(a) through (c) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 1 contract
Samples: Call Option Transaction (Snap Inc)
Opinions. Counterparty shall deliver to Dealer an opinion one or more opinions of counsel, dated as of the Premium Payment Date, with respect to the matters set forth in Sections 8(a) through (cSection 3(a) of this Confirmation; provided that any such opinion of counsel may contain the Agreement, subject to customary exceptions assumptions, qualifications, and qualificationsexceptions. Delivery of such opinion opinion(s) to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 1 contract
Samples: Call Option Transaction (Fluor Corp)
Opinions. Counterparty shall deliver to Dealer an opinion one or more opinions of counsel, dated as of the Premium Payment Date, with respect to the matters set forth in Sections 8(a8(a) through (c(c) of this Confirmation; provided that any such opinion of counsel may contain customary assumptions, exceptions and qualifications. Delivery of such opinion opinion(s) to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 1 contract
Samples: Call Option Transaction (Advanced Energy Industries Inc)
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Trade Date, with respect to the matters set forth in Sections 8(a) through (c) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement. 45 Include for applicable Dealers.
Appears in 1 contract
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Date, with respect to Counterparty in relation to the matters set forth in Sections 8(a) through (c) of this Confirmation; provided that any such opinion of counsel may contain customary exceptions and qualifications. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 1 contract
Samples: Base Call Option Transaction (On Semiconductor Corp)
Opinions. Counterparty shall deliver to Dealer on the Premium Payment Date an opinion of counsel, dated as of the Premium Payment Datesuch date, with respect to the matters set forth in Sections 8(a) through (c) of this Confirmation; provided that any such opinion of counsel may contain Confirmation (subject to customary exceptions and qualifications). Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 1 contract
Opinions. Counterparty shall deliver to Dealer an opinion of counsel, dated as of the Premium Payment Date, with respect to the matters set forth in Sections 8(a) through (c) of this Confirmation; provided that any such opinion of counsel may contain , subject to customary exceptions assumptions, qualifications and qualificationsexemptions, in each case, reasonably acceptable to Dealer. Delivery of such opinion to Dealer shall be a condition precedent for the purpose of Section 2(a)(iii) of the Agreement with respect to each obligation of Dealer under Section 2(a)(i) of the Agreement.
Appears in 1 contract