Common use of Other Forward Clause in Contracts

Other Forward. Dealer acknowledges that Counterparty has entered into a substantially identical forward transaction for its Shares on the date hereof (the “Other Forward”) with an affiliate of X.X. Xxxxxx Securities LLC. Dealer and Counterparty agree that if Counterparty designates a Settlement Date with respect to the Other Forward and for which Cash Settlement or Net Stock Settlement is applicable, and the resulting Unwind Period for the Other Forward coincides for any period of time with an Unwind Period for the Transaction (the “Overlap Unwind Period”), Counterparty shall notify Dealer prior to the commencement of such Overlap Unwind Period, and Dealer shall only be permitted to purchase Shares to unwind its hedge in respect of the Transaction on every other Exchange Business Day that is not a Suspension Day during such Overlap Unwind Period, commencing on the second day of such Overlap Unwind Period.

Other Forward. Dealer acknowledges that Counterparty has entered into a substantially identical forward transaction for its Shares on the date hereof (the “Other Forward”) with an affiliate of X.X. Xxxxxx Securities LLC. Barclays Capital Inc. Dealer and Counterparty agree that if Counterparty designates a Settlement Date with respect to the Other Forward and for which Cash Settlement or Net Stock Settlement is applicable, and the resulting Unwind Period for the Other Forward coincides for any period of time with an Unwind Period for the Transaction (the “Overlap Unwind Period”), Counterparty shall notify Dealer prior to the commencement of such Overlap Unwind Period, and Dealer shall only be permitted to purchase Shares to unwind its hedge in respect of the Transaction on every other Exchange Business Day that is not a Suspension Day during such Overlap Unwind Period, commencing on the second first day of such Overlap Unwind Period.