ContractMylan Inc. • February 23rd, 2009 • Pharmaceutical preparations
Company FiledFebruary 23rd, 2009 IndustryTHIS CONFIRMATION AMENDS, REPLACES, SUPERSEDES AND RESTATES IN ITS ENTIRETY ALL PREVIOUS CONFIRMATIONS PERTAINING TO THIS TRANSACTION.
Confirmation of OTC Convertible Note Hedge Date: September 9, 2008 To: Mylan Inc. (“Counterparty”) From: Wells Fargo Bank, National Association (“Dealer”) Dealer Reference: Dear Sir / Madam: The purpose of this letter agreement (this “Confirmation”)...Mylan Inc. • September 15th, 2008 • Pharmaceutical preparations
Company FiledSeptember 15th, 2008 IndustryThis Confirmation evidences a complete binding agreement between you and us as to the terms of the Transaction to which this Confirmation relates. This Confirmation (notwithstanding anything to the contrary herein), shall be subject to, and form part of, an agreement in the 1992 form of the ISDA Master Agreement (the “Master Agreement” or “Agreement”), as if we had executed an agreement in such form, including a Credit Support Annex (Bilateral Form — New York law version), (but without any Schedule and with the elections specified in the “ISDA Master Agreement” Section of this Confirmation) on the Trade Date. In the event of any inconsistency between the provisions of that Agreement and this Confirmation, this Confirmation will prevail for the purpose of this Transaction. The parties hereby agree that the Transaction evidenced by this Confirmation shall be the only Transaction subject to and governed by the Agreement.
Confirmation of OTC Convertible Note HedgeMylan Inc. • September 15th, 2008 • Pharmaceutical preparations
Company FiledSeptember 15th, 2008 IndustryThis Confirmation evidences a complete binding agreement between you and us as to the terms of the Transaction to which this Confirmation relates. This Confirmation (notwithstanding anything to the contrary herein), shall be subject to, and form part of, an agreement in the 1992 form of the ISDA Master Agreement (the “Master Agreement” or “Agreement”), as if we had executed an agreement in such form, including a Credit Support Annex (Bilateral Form — New York law version), (but without any Schedule and with the elections specified in the “ISDA Master Agreement” Section of this Confirmation) on the Trade Date. In the event of any inconsistency between the provisions of that Agreement and this Confirmation, this Confirmation will prevail for the purpose of this Transaction. The parties hereby agree that the Transaction evidenced by this Confirmation shall be the only Transaction subject to and governed by the Agreement.