Common use of Preexisting In-Scope Agreements Clause in Contracts

Preexisting In-Scope Agreements. GS&Co. and Counterparty agree that to the extent there are any outstanding “in-scope QFCs,” as defined in 12 C.F.R. § 252.82(d), that are not excluded under 12 C.F.R. § 252.88, between GS&Co. and Counterparty that do not otherwise comply with the requirements of 12 C.F.R. § 252.2, 252.81–8 (each such agreement, a “Preexisting In-Scope Agreement”), then each such Preexisting In-Scope Agreement is hereby amended to include the foregoing provisions in this Section 9(dd), with references to “this Confirmation” being understood to be references to the applicable Preexisting In-Scope Agreement.

Appears in 8 contracts

Samples: Additional Call Option Transaction (Pioneer Natural Resources Co), Base Call Option Transaction (Pioneer Natural Resources Co), Base Call Option Transaction (Callaway Golf Co)

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Preexisting In-Scope Agreements. GS&Co. and Counterparty agree that to the extent there are any outstanding “in-scope QFCs,” as defined in 12 C.F.R. § 252.82(d), that are not excluded under 12 C.F.R. § 252.88, between GS&Co. and Counterparty that do not otherwise comply with the requirements of 12 C.F.R. § 252.2, 252.81–8 (each such agreement, a “Preexisting In-Scope Agreement”), then each such Preexisting In-Scope Agreement is hereby amended to include the foregoing provisions in this Section 9(dd9(ff), with references to “this Confirmation” being understood to be references to the applicable Preexisting In-Scope Agreement.

Appears in 4 contracts

Samples: Base Call Option Transaction (Wayfair Inc.), Call Option Transaction (Wayfair Inc.), Base Call Option Transaction (Wayfair Inc.)

Preexisting In-Scope Agreements. GS&Co. and Counterparty agree that to the extent there are any outstanding “in-scope QFCs,” as defined in 12 C.F.R. § 252.82(d), that are not excluded under 12 C.F.R. § 252.88, between GS&Co. and Counterparty that do not otherwise comply with the requirements of 12 C.F.R. § 252.2, 252.81–8 (each such agreement, a “Preexisting In-Scope Agreement”), then each such Preexisting In-Scope Agreement is hereby amended to include the foregoing provisions in this Section 9(dd)14, with references to “this Confirmation” being understood to be references to the applicable Preexisting In-Scope Agreement.

Appears in 3 contracts

Samples: Warrant Termination Agreement (ServiceNow, Inc.), Call Option Termination Agreement (ServiceNow, Inc.), Warrant Termination Agreement (ServiceNow, Inc.)

Preexisting In-Scope Agreements. GS&Co. and Counterparty agree that to the extent there are any outstanding “in-scope QFCs,” as defined in 12 C.F.R. § 252.82(d), that are not excluded under 12 C.F.R. § 252.88, between GS&Co. and Counterparty that do not otherwise comply with the requirements of 12 C.F.R. § 252.2, 252.81–8 (each such agreement, a “Preexisting In-Scope Agreement”), then each such Preexisting In-Scope Agreement is hereby amended to include the foregoing provisions in this Section 9(dd)13, with references to “this Confirmation” being understood to be references to the applicable Preexisting In-Scope Agreement.

Appears in 1 contract

Samples: Warrant Termination Agreement (ServiceNow, Inc.)

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Preexisting In-Scope Agreements. GS&Co. and Counterparty agree that to the extent there are any outstanding “in-scope QFCs,” as defined in 12 C.F.R. § 252.82(d), that are not excluded under 12 C.F.R. § 252.88, between GS&Co. and Counterparty that do not otherwise comply with the requirements of 12 C.F.R. § 252.2, 252.81–8 (each such agreement, a “Preexisting In-Scope Agreement”), then each such Preexisting In-Scope Agreement is hereby amended to include the foregoing provisions in this Section 9(dd9(g), with references to “this Confirmation” being understood to be references to the applicable Preexisting In-Scope Agreement.

Appears in 1 contract

Samples: Warrant Agreement (Nevro Corp)

Preexisting In-Scope Agreements. GS&Co. and Counterparty agree that to the extent there are any outstanding “in-scope QFCs,” as defined in 12 C.F.R. § 252.82(d), that are not excluded under 12 C.F.R. § 252.88, between GS&Co. and Counterparty that do not otherwise comply with the requirements of 12 C.F.R. § 252.2, 252.81–8 (each such agreement, a “Preexisting In-Scope Agreement”), then each such Preexisting In-Scope Agreement is hereby amended to include the foregoing provisions in this Section 9(dd9(bb), with references to “this Confirmation” being understood to be references to the applicable Preexisting In-Scope Agreement.

Appears in 1 contract

Samples: Call Option Transaction (Upstart Holdings, Inc.)

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