Common use of Procedures for Entering into Transactions Clause in Contracts

Procedures for Entering into Transactions. The parties hereby amend Section 9(e)(ii) by adding the following sentences at the end thereof: “On or promptly following the Trade Date of a Transaction, Party A will send to Party B a Confirmation. Party B will promptly thereafter confirm the accuracy of, or request the correction of, such Confirmation. If any dispute shall arise as to whether an error exists in a Confirmation, the parties shall in good faith make reasonable efforts to resolve the dispute. If Party B fails to accept or dispute the Confirmation in the manner set forth above within two Local Business Days after it was effectively sent to Party B, the Confirmation shall be deemed to correctly reflect the parties’ agreement on the terms of the Transaction referred to therein, absent manifest error. The requirement of this Section and elsewhere in this Agreement that the parties exchange Confirmations shall for all purposes be deemed satisfied by a Confirmation sent and an acknowledgment deemed given as provided herein.”

Procedures for Entering into Transactions. The parties hereby amend Section 9(e)(ii) by adding the following sentences sentence at the end thereof: “On or promptly following the Trade Date date on which the parties reach agreement on the terms of a TransactionTransaction as contemplated by the first sentence of Section 9(e)(ii), Party A B will send to Party B A a Confirmation. Party B A will promptly thereafter confirm the accuracy of, of or request the correction of, such ConfirmationConfirmation (in the later case, indicating how it believes the terms of such Confirmation should be correctly stated and such other terms which should be added to or deleted from such Confirmation to make it correct). If any dispute disputes shall arise as to whether an error exists in a Confirmation, the parties shall in good faith make reasonable efforts to resolve the disputedispute in good faith. If Party B fails to accept A has not accepted or dispute disputed the Confirmation in the manner set forth above within two (2) Local Business Days after it was effectively sent to Party BA, the Confirmation shall be deemed to correctly reflect the parties’ agreement on the terms of the Transaction referred to thereintherein and be binding, absent manifest error. The requirement of this Section and elsewhere in this Agreement that the parties exchange Confirmations shall for all purposes be deemed satisfied by a Confirmation sent and an acknowledgment deemed given as provided herein.”

Procedures for Entering into Transactions. The parties hereby amend Section 9(e)(ii) by adding the following sentences at the end thereof: “On or promptly following the Trade Date of a Transaction, Party A will send to Party B a Confirmation. Party B will promptly thereafter confirm the accuracy of, or request the correction of, such Confirmation. If any dispute shall arise as to whether an error exists in a Confirmation, the parties shall in good faith make reasonable efforts to resolve the dispute. If Party B fails to accept or dispute the Confirmation in the manner set forth above within two (2) Local Business Days after it was effectively sent to Party B, the Confirmation shall be deemed to correctly reflect the parties’ agreement on the terms of the Transaction referred to therein, absent manifest error. The requirement of this Section and elsewhere in this Agreement that the parties exchange Confirmations shall for all purposes be deemed satisfied by a Confirmation sent and an acknowledgment deemed given as provided herein.”

Procedures for Entering into Transactions. The parties hereby amend Section 9(e)(ii) by adding the following sentences at the end thereof: “"On or promptly following the Trade Date of a Transaction, Party A will send to Party B a Confirmation. Party B will promptly thereafter confirm the accuracy of, or request the correction of, such Confirmation. If any dispute shall arise as to whether an error exists in a Confirmation, the parties shall in good faith make reasonable efforts to resolve the dispute; provided however, that any discrepancy between the terms set forth on a written Confirmation and those recorded on a Transaction Tape (as defined below) shall be resolved in favor of the terms on the Transaction Tape. If Party B fails to accept or dispute the Confirmation in the manner set forth above within two Local Business Days after it was effectively sent to Party B, the Confirmation shall be deemed to correctly reflect the parties’ ' agreement on the terms of the Transaction referred to therein, absent manifest error. ." The requirement of this Parties agree to amend Section 9(e) by adding thereto the following subparagraphs (iii) and elsewhere in this Agreement that the parties exchange Confirmations shall for all purposes be deemed satisfied by a Confirmation sent and an acknowledgment deemed given as provided herein.”(iv):

Procedures for Entering into Transactions. The parties hereby amend Section 9(e)(ii) by adding the following sentences at the end thereof.: “"On or promptly following the Trade Date of a Transaction, Party A will send to Party B a Confirmation. Party B will promptly thereafter confirm the accuracy of, or request the correction of, such Confirmation. If any dispute shall arise as to whether an error exists in a Confirmation, the parties shall in good faith make reasonable efforts to resolve the dispute. If Party B fails to accept or dispute the Confirmation in the manner set forth above within two Local Business Days after it was effectively sent to Party B, the Confirmation shall be deemed to correctly reflect the parties’ ' agreement on the terms of the Transaction referred to therein, absent manifest error. The requirement of this Section and elsewhere in this Agreement that the parties exchange Confirmations shall for all purposes be deemed satisfied by a Confirmation sent and an acknowledgment deemed given as provided herein.”"

Procedures for Entering into Transactions. The parties hereby amend Section 9(e)(ii) by adding the following sentences at the end thereof: “On or promptly following the Trade Date of a Transaction, Party A will send to Party B a Confirmation. Party B will promptly thereafter confirm the accuracy of, or request the correction of, such Confirmation. If any dispute shall arise as to whether an error exists in a Confirmation, the parties shall in good faith make reasonable efforts to resolve the dispute. If Party B fails to accept or dispute the Confirmation in the manner set forth above within two three Local Business Days after it was effectively sent to Party B, the Confirmation shall be deemed to correctly reflect the parties’ agreement on the terms of the Transaction referred to therein, absent manifest error. The requirement of this Section and elsewhere in this Agreement that the parties exchange Confirmations shall for all purposes be deemed satisfied by a Confirmation sent and an acknowledgment acknowledgement deemed given as provided herein.”” Recording. Each party consents to the recording, at any time and from time to time, by the other party of any and all communications between officers or employees of the parties, and waives any further notice of such recording.

Procedures for Entering into Transactions. The parties hereby amend Section 9(e)(ii) by adding the following sentences at the end thereof: “On or promptly following the Trade Date of a Transaction, Party A will send to Party B a Confirmation. Party B will promptly thereafter confirm the accuracy of, or request the correction of, such Confirmation. If any dispute shall arise as to whether an any error exists in a Confirmation, the parties shall in good faith make reasonable efforts to resolve the dispute. If Party B fails to accept or dispute the Confirmation in the manner set forth above within two Local Business Days after it was effectively sent to Party B, the Confirmation shall be deemed to correctly reflect the parties’ agreement on the terms of the Transaction referred to therein, absent manifest error. The requirement of this Section and elsewhere in this Agreement that the parties exchange Confirmations shall for all purposes be deemed satisfied by a Confirmation sent and an acknowledgment deemed given as provided herein.”

Procedures for Entering into Transactions. The parties hereby amend Section 9(e)(ii) by adding the following sentences at the end thereof: “On or promptly following the Trade Date of a Transaction, Party A will send to Party B a Confirmation. Party B will promptly thereafter confirm the accuracy of, or request the correction of, such Confirmation. If any dispute shall arise as to whether an any error exists in a Confirmation, the parties shall in good faith make reasonable efforts to resolve the dispute. If Party B fails to accept or dispute the Confirmation in the manner set forth above within two Local Business business Days after it was effectively sent to Party B, the Confirmation shall be deemed to correctly reflect the parties’ agreement on the terms of the Transaction referred to therein, absent manifest error. The requirement of this Section and elsewhere in this Agreement that the parties exchange Confirmations shall for all purposes be deemed satisfied by a Confirmation sent and an acknowledgment deemed given as provided herein.”

Procedures for Entering into Transactions. The parties hereby amend Section 9(e)(ii) by adding the following sentences at the end thereof: “On or promptly following the Trade Date of a Transaction, Party A will send to Party B a Confirmation. Party B will promptly thereafter confirm the accuracy of, or request the correction of, such Confirmation. If any dispute shall arise as to whether an error exists in a Confirmation, the parties shall in good faith make reasonable efforts to resolve the dispute. If Party B fails to accept or dispute the Confirmation in the manner set forth above within two ten (10) Local Business Days after it was effectively sent to Party B, the Confirmation shall be deemed to correctly reflect the parties’ agreement on the terms of the Transaction referred to therein, absent manifest error. The requirement of this Section and elsewhere in this Agreement that the parties exchange Confirmations shall for all purposes be deemed satisfied by a Confirmation sent and an acknowledgment deemed given as provided herein.”

Procedures for Entering into Transactions. The parties hereby amend Section 9(e)(ii) by adding the following sentences at the end thereof: “On With respect to each Transaction entered into pursuant to this Agreement, Party A will, on or promptly following after the Trade Date of a Transactionthereof (by written means only via mail, telex, facsimile or other electronic means), send Party A will send to Party B A, a Confirmation. Party B will promptly thereafter confirm (by written means only via mail, telex, facsimile or other electronic means) the accuracy of, of or request the correction of, of such Confirmation. If any dispute shall arise as to whether an error exists in a Confirmation, the parties shall in good faith make reasonable efforts to resolve the dispute. If Party B fails to accept or dispute the Confirmation in the manner set forth above within two three Local Business Days after it was effectively sent to receipt from Party BA, its failure shall constitute its acknowledgement that the Confirmation shall be deemed to correctly reflect reflects the parties’ ' agreement on the terms of the Transaction referred referenced to therein, absent manifest error. The requirement of this Section Part 5(h) and elsewhere in this Agreement that the parties exchange Confirmations shall for all purposes be deemed satisfied by a Confirmation sent and an acknowledgment deemed given as provided herein.”

Procedures for Entering into Transactions. The parties hereby amend Section 9(e)(ii) by adding the following sentences at the end thereof: “On or promptly following the Trade Date of a Transaction, Party A will send to Party B a Confirmation. Party B will promptly thereafter confirm the accuracy of, or request the correction of, such Confirmation. If any dispute shall arise as to whether an error exists in a Confirmation, the parties shall in good faith make reasonable efforts to resolve the dispute. If Party B fails to accept or dispute the Confirmation in the manner set forth above within two five Local Business Days after it was effectively sent to received by Party B, the Confirmation shall be deemed to correctly reflect the parties’ agreement on the terms of the Transaction referred to therein, absent manifest error. The requirement of this Section and elsewhere in this Agreement that the parties exchange Confirmations shall for all purposes be deemed satisfied by a Confirmation sent and an acknowledgment deemed given as provided herein.”

Procedures for Entering into Transactions. The parties hereby amend Section 9(e)(ii) by adding the following sentences at the end thereof: “On or promptly following the Trade Date of a Transaction, Party A will send to Party B a Confirmation. Party B will promptly thereafter confirm the accuracy of, or request the correction of, such Confirmation. If any dispute shall arise as to whether an error exists in a Confirmation, the parties shall in good faith make reasonable efforts to resolve the dispute. If Party B fails to accept or dispute the Confirmation in the manner set forth above within two fiive threefivethree Local Business Days after it was effectively sent to Party B, the Confirmation shall be deemed to correctly reflect the parties’ agreement on the terms of the Transaction referred to therein, absent manifest error. The requirement of this Section and elsewhere in this Agreement that the parties exchange Confirmations shall for all purposes be deemed satisfied by a Confirmation sent and an acknowledgment deemed given as provided herein.”” [NOTE – FIVE DAYS IS STANDARD PRACTICE AND 3 WOULD BE VERY DIFFICULT]

Procedures for Entering into Transactions. The parties hereby amend Section 9(e)(ii) by adding the following sentences at the end thereof: “On or promptly following the Trade Date of a Transaction, Party A B will send to Party B A a Confirmation. Party B A will promptly thereafter confirm the accuracy of, or request the correction of, such Confirmation. If any dispute shall arise as to whether an error exists in a Confirmation, the parties shall in good faith make reasonable efforts to resolve the dispute. If Party B A fails to accept or dispute the Confirmation in the manner set forth above within two five Local Business Days after it was effectively sent to Party BA, the Confirmation shall be deemed to correctly reflect the parties’ agreement on the terms of the Transaction referred to therein, absent manifest error. The requirement of this Section and elsewhere in this Agreement that the parties exchange Confirmations shall for all purposes be deemed satisfied by a Confirmation sent and an acknowledgment deemed given as provided herein.”

Procedures for Entering into Transactions. The parties hereby amend Section 9(e)(ii) by adding the following sentences at the end thereof: “On or promptly following the Trade Date of a Transaction, Party A will send to Party B a Confirmation. Confirmation in the form utilized by Party A; (b) Party B will promptly thereafter confirm by facsimile the accuracy of, or request the correction of, suchof such Confirmation; and (c) upon such confirmation by Party B, such facsimile transmissions shall be deemed to constitute a legally binding supplement to this Agreement upon the particular terms stated Confirmation. If any dispute shall arise as to whether an error exists in a Confirmation, the parties shall in good faith make reasonable efforts to resolve the disputedispute.therein. If Party B fails to accept or acceptor dispute the Confirmation in the manner manneras set forth above within two Local Business Days Daysherein after it was effectively sent to Party B, the Confirmation shall be deemed to correctly reflect the parties’ agreement on the terms of the Transaction referred to therein, absent manifest error. The requirement of this Section and elsewhere in this Agreement that the parties exchange Confirmations shall for all purposes be deemed satisfied by a Confirmation sent and an acknowledgment deemed given as provided herein.””error"

Procedures for Entering into Transactions. The parties hereby amend Section 9(e)(ii) by adding the following sentences at the end thereof: “On or promptly following the Trade Date of a Transaction, Party A will send to Party B a Confirmation. Party B will promptly thereafter confirm the accuracy of, or request the correction of, such Confirmation. If any dispute shall arise as to whether an error exists in a Confirmation, the parties shall in good faith make reasonable efforts to resolve the dispute. If Party B fails to accept or dispute the Confirmation in the manner set forth above within two three Local Business Days after it was effectively sent to Party B, the Confirmation shall be deemed to correctly reflect the parties’ agreement on the terms of the Transaction referred to therein, absent manifest error. The requirement of this Section and elsewhere in this Agreement that the parties exchange Confirmations shall for all purposes be deemed satisfied by a Confirmation sent and an acknowledgment deemed given as provided herein.”

Procedures for Entering into Transactions. The parties hereby amend Section 9(e)(ii) by adding the following sentences at the end thereof: “On or promptly following the Trade Date of a Transaction, Party A will send to Party B a Confirmation. Party B will promptly thereafter confirm the accuracy of, or request the correction of, such Confirmation. If any dispute shall arise as to whether an error exists in a Confirmation, the parties shall in good faith make reasonable efforts to resolve the dispute. If Party B fails to accept or dispute the Confirmation in the manner set forth above within two fivetwo Local Business Days after it was effectively sent to Party B, the Confirmation shall be deemed to correctly reflect the parties’ agreement on the terms of the Transaction referred to therein, absent manifest error. The requirement of this Section and elsewhere in this Agreement that the parties exchange Confirmations shall for all purposes be deemed satisfied by a Confirmation sent and an acknowledgment deemed given as provided herein.”

Procedures for Entering into Transactions. The parties hereby amend Section 9(e)(ii) by adding the following sentences at the end thereof: “On or promptly following the Trade Date date on which the parties reach agreement on the terms of a Transaction, as contemplated by the first sentence of Section 9(e)(ii), Party A will send to Party B a Confirmation. Party B will promptly (but no later than one (1) Local Business Day after receipt of such Confirmation) thereafter confirm agreement to such Confirmation of (in the accuracy ofmanner required by Section 9(e)(ii)), or request the correction of, such ConfirmationConfirmation (in the latter case, indicating how it believes the terms of such Confirmation should be correctly stated and such other terms which should be added to or deleted from such Confirmation to make it correct). If any dispute disputes shall arise as to whether an error exists in a Confirmation, the parties shall in good faith make use commercially reasonable efforts to resolve the disputedispute in good faith. If Party B fails to accept has not accepted or dispute disputed the Confirmation in the manner set forth above within two (2) Local Business Days after it was effectively sent to Party B, the Confirmation shall be deemed to correctly reflect the parties’ agreement on the terms of the Transaction referred to thereinbinding as sent, absent manifest error. The requirement of this Section and elsewhere in this Agreement that the parties exchange Confirmations shall for all purposes be deemed satisfied by a Confirmation sent and an acknowledgment deemed given as provided herein.”

Procedures for Entering into Transactions. The parties hereby amend Section 9(e)(ii) by adding the following sentences at the end thereof: “On or promptly following the Trade Date of a Transaction, Party A will send to Party B a Confirmation. Party B will promptly thereafter confirm the accuracy of, or request the correction of, such Confirmation. If any dispute shall arise as to whether an error exists in a Confirmation, the parties shall in good faith make reasonable efforts to resolve the dispute. If Party B fails to accept or dispute the Confirmation in the manner set forth above within two ten Local Business Days after it was effectively sent to Party B, the Confirmation shall be deemed to correctly reflect the parties’ agreement on the terms of the Transaction referred to therein, absent manifest error. The requirement of this Section and elsewhere in this Agreement that the parties exchange Confirmations shall for all purposes be deemed satisfied by a Confirmation sent and an acknowledgment deemed given as provided herein.”

Procedures for Entering into Transactions. The parties hereby amend Section 9(e)(ii) by adding the following sentences at the end thereof: “On or promptly following the Trade Date of a Transaction, Party A will send to Party B a Confirmation. Party B will promptly thereafter confirm the accuracy of, or request the correction of, such Confirmation. If any dispute shall arise as to whether an error exists in a Confirmation, the parties shall in good faith make reasonable efforts to resolve the dispute. If Party B fails to accept or dispute the Confirmation in the manner set forth above within two ten Local Business Days after it was effectively sent to by Party B, the Confirmation shall be deemed to correctly reflect the parties’ parties agreement on the terms of the Transaction referred to therein, absent manifest error. The requirement of this Section and elsewhere in this Agreement that the parties exchange Confirmations shall for all purposes be deemed satisfied by a Confirmation sent and an acknowledgment deemed given as provided herein.”

Procedures for Entering into Transactions. The parties hereby amend Section 9(e)(ii) by adding the following sentences at the end thereof: “On or promptly following the Trade Date of a Transaction, Party A will send to Party B a Confirmation. Party B will promptly thereafter confirm the accuracy of, or request the correction of, such Confirmation. If any dispute shall arise as to whether an error exists in a Confirmation, the parties shall in good faith make reasonable efforts to resolve the dispute. If Party B fails to accept or dispute the Confirmation in the manner set forth above within two three Local Business Days after it was effectively sent to Party B, the Confirmation shall be deemed to correctly reflect the parties’ agreement on the terms of the Transaction referred to therein, absent manifest error. The requirement of this Section and elsewhere in this Agreement that the parties exchange Confirmations shall for all purposes be deemed satisfied by a Confirmation sent and an acknowledgment deemed given as provided herein.”

Procedures for Entering into Transactions. The parties hereby amend Section 9(e)(ii) by adding the following sentences at the end thereof: “"On or promptly following the Trade Date of a Transaction, Party A will send to Party B a Confirmation. Party B will promptly thereafter confirm the accuracy of, or request the correction of, such Confirmation. If any dispute shall arise as to whether an error exists in a Confirmation, the parties shall in good faith make reasonable efforts to resolve the dispute. If Party B fails to accept or dispute the Confirmation in the manner set forth above within two Local Business Days after it was effectively sent to Party B, the Confirmation shall be deemed to correctly reflect the parties’ ' agreement on the terms of the Transaction referred to therein, absent manifest error. The requirement of this Section and elsewhere in this Agreement that the parties exchange Confirmations shall for all purposes be deemed satisfied by a Confirmation sent and an acknowledgment deemed given as provided herein.”"