To: Wayfair Inc. 4 Copley Place, 7th Floor Boston, Massachusetts 02116 Attention: Kate Gulliver Telephone No.: Email: From: Morgan Stanley & Co. LLC Re: Additional Call Option Transaction Date: May 10, 2023Additional Call Option Transaction • May 12th, 2023 • Wayfair Inc. • Retail-catalog & mail-order houses
Contract Type FiledMay 12th, 2023 Company IndustryThe purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between Morgan Stanley & Co. LLC (“Dealer”) and Wayfair Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for the Transaction.
March 18, 2021Additional Call Option Transaction • March 19th, 2021 • Imax Corp • Photographic equipment & supplies
Contract Type FiledMarch 19th, 2021 Company IndustryThe purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between HSBC Bank USA, National Association (“Dealer”) and IMAX Corporation (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. Each party further agrees that this Confirmation together with the Agreement evidence a complete binding agreement between Counterparty and Dealer as to the subject matter and terms of the Transaction to which this Confirmation relates, and shall supersede all prior or contemporaneous written or oral communications with respect thereto.
DEALER]Additional Call Option Transaction • October 21st, 2022 • Semtech Corp • Semiconductors & related devices
Contract Type FiledOctober 21st, 2022 Company IndustryThe purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between [DEALER] (“Dealer”) and Semtech Corporation (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. Each party further agrees that this Confirmation, together with the Agreement, evidence a complete binding agreement between Counterparty and Dealer as to the subject matter and terms of the Transaction to which this Confirmation relates, and shall supersede all prior or contemporaneous written or oral communications with respect thereto.
Wells Fargo Bank, National Association 375 Park Avenue, NY 4073 New York, NY 10152 Telephone: 212-214-6101 Facsimile: 212-214-5913 June 14, 2011Additional Call Option Transaction • June 15th, 2011 • Integra Lifesciences Holdings Corp • Laboratory analytical instruments
Contract Type FiledJune 15th, 2011 Company IndustryTo: Integra LifeSciences Holdings Corporation 311 Enterprise Drive Plainsboro, NJ 08536 Attention: Treasurer Telephone No.: (609) 275-0500 Facsimile No.: (609) 750-4264
DEALER]Additional Call Option Transaction • May 4th, 2023 • Live Nation Entertainment, Inc. • Services-amusement & recreation services
Contract Type FiledMay 4th, 2023 Company IndustryThe purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between [DEALER] (“Dealer”) and Live Nation Entertainment, Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. Each party further agrees that this Confirmation together with the Agreement evidence a complete binding agreement between Counterparty and Dealer as to the subject matter and terms of the Transaction to which this Confirmation relates, and shall supersede all prior or contemporaneous written or oral communications with respect thereto.
Wells Fargo Securities, LLC as agent of Wells Fargo Bank, NA New York, NY 10152 Facsimile: (212) 214-5913 Telephone: (212) 214-6101Additional Call Option Transaction • August 13th, 2012 • Hornbeck Offshore Services Inc /La • Water transportation
Contract Type FiledAugust 13th, 2012 Company IndustryThe purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the Transaction entered into between Wells Fargo Bank, National Association (“Dealer”), through its agent Wells Fargo Securities, LLC (the “Agent”), and Hornbeck Offshore Services, Inc. (“Counterparty”) on the Trade Date specified below (the “Transaction”). This Confirmation constitutes a “Confirmation” as referred to in the Agreement specified below.
From: Citigroup Global Markets Inc. New York, NY 10013Additional Call Option Transaction • January 13th, 2017 • Nabors Industries LTD • Drilling oil & gas wells • New York
Contract Type FiledJanuary 13th, 2017 Company Industry JurisdictionTo: Nabors Industries, Inc. 515 W. Greens Road Suite 1200, Houston, TX 776067 Attention: General Counsel Telephone No.: (281) 874-0035 Email: general.counsel@nabors.com
February 13, 2019Additional Call Option Transaction • April 2nd, 2019 • NIO Inc. • Motor vehicles & passenger car bodies • New York
Contract Type FiledApril 2nd, 2019 Company Industry JurisdictionThe purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between Credit Suisse Capital LLC (“Dealer”) and NIO Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. Each party further agrees that this Confirmation together with the Agreement evidence a complete binding agreement between Counterparty and Dealer as to the subject matter and terms of the Transaction to which this Confirmation relates, and shall supersede all prior or contemporaneous written or oral communications with respect thereto.
RBC Capital Markets, LLC 3 World Financial Center 200 Vesey Street New York, New York 10281 Telephone: (212) 858-7000 June 26, 2015Additional Call Option Transaction • April 13th, 2018 • Atlas Holdings, Inc. • Pharmaceutical preparations
Contract Type FiledApril 13th, 2018 Company IndustryThe purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between Royal Bank of Canada (“Dealer”) and Impax Laboratories, Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for the Transaction.
Goldman, Sachs & Co.Additional Call Option Transaction • November 8th, 2010 • Gilead Sciences Inc • Biological products, (no disgnostic substances)
Contract Type FiledNovember 8th, 2010 Company Industry
August 30, 2010Additional Call Option Transaction • November 8th, 2010 • Gilead Sciences Inc • Biological products, (no disgnostic substances)
Contract Type FiledNovember 8th, 2010 Company Industry
JPMorgan Chase Bank, National Association London EC4Y 0JP EnglandAdditional Call Option Transaction • June 3rd, 2009 • Take Two Interactive Software Inc • Services-prepackaged software • New York
Contract Type FiledJune 3rd, 2009 Company Industry JurisdictionThe purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between JPMorgan Chase Bank, National Association, London Branch (“Dealer”) and Take-Two Interactive Software, Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for this Transaction.
The Royal Bank of Scotland plc c/o RBS Securities Inc. 600 Washington Blvd. Stamford, CT 06901Additional Call Option Transaction • June 15th, 2011 • Integra Lifesciences Holdings Corp • Laboratory analytical instruments
Contract Type FiledJune 15th, 2011 Company IndustryTo: Integra LifeSciences Holdings Corporation 311 Enterprise Drive Plainsboro, NJ 08536 Attention: Treasurer Telephone No.: (609) 275-0500 Facsimile No.: (609) 750-4264
August 30, 2010Additional Call Option Transaction • November 8th, 2010 • Gilead Sciences Inc • Biological products, (no disgnostic substances)
Contract Type FiledNovember 8th, 2010 Company Industry
Re: Additional Call Option TransactionAdditional Call Option Transaction • January 17th, 2017 • World Wrestling Entertainmentinc • Services-motion picture & video tape production
Contract Type FiledJanuary 17th, 2017 Company IndustryThe purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between JPMorgan Chase Bank, National Association, London Branch (“Dealer”) and World Wrestling Entertainment, Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. Each party further agrees that this Confirmation together with the Agreement evidence a complete binding agreement between Counterparty and Dealer as to the subject matter and terms of the Transaction to which this Confirmation relates, and shall supersede all prior or contemporaneous written or oral communications with respect thereto.
Goldman, Sachs & Co.Additional Call Option Transaction • November 8th, 2010 • Gilead Sciences Inc • Biological products, (no disgnostic substances)
Contract Type FiledNovember 8th, 2010 Company Industry
June 1, 2015Additional Call Option Transaction • June 3rd, 2015 • Atlas Air Worldwide Holdings Inc • Air transportation, nonscheduled • New York
Contract Type FiledJune 3rd, 2015 Company Industry JurisdictionThe purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between Morgan Stanley & Co. International plc (“Dealer”) and Atlas Air Worldwide Holdings, Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for the Transaction.
December 18, 2019Additional Call Option Transaction • December 20th, 2019 • Allscripts Healthcare Solutions, Inc. • Services-computer integrated systems design
Contract Type FiledDecember 20th, 2019 Company IndustryThe purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between JPMorgan Chase Bank, National Association, New York Branch (“Dealer”) and Allscripts Healthcare Solutions, Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. Each party further agrees that this Confirmation together with the Agreement evidence a complete binding agreement between Counterparty and Dealer as to the subject matter and terms of the Transaction to which this Confirmation relates, and shall supersede all prior or contemporaneous written or oral communications with respect thereto.
November 20, 2009Additional Call Option Transaction • November 25th, 2009 • Kilroy Realty Corp • Real estate investment trusts
Contract Type FiledNovember 25th, 2009 Company IndustryThe definitions and provisions contained in the 2002 ISDA Equity Derivatives Definitions (the “Equity Definitions”), as published by the International Swaps and Derivatives Association, Inc. (“ISDA”), are incorporated into this Confirmation. In the event of any inconsistency between the Equity Definitions and this Confirmation, this Confirmation shall govern. Certain defined terms used herein have the meanings assigned to them in the Offering Memorandum dated November 16, 2009 (the “Offering Memorandum”) relating to the 4.25% Exchangeable Senior Notes due 2014 (the “Exchangeable Notes” and each USD 1,000 principal amount of Exchangeable Notes, an “Exchangeable Note”) issued in an aggregate initial principal amount of USD 150,000,000 by Counterparty pursuant to an Indenture dated as of November 20, 2009 among Counterparty, Parent, as guarantor, and U.S. Bank National Association, as trustee (as in effect on the date of its execution, the “Indenture”). In the event of any inconsistency b
Credit Suisse Capital LLC c/o Credit Suisse Securities (USA) LLC Eleven Madison Avenue New York, NY 10010-3629Additional Call Option Transaction • August 7th, 2015 • Ironwood Pharmaceuticals Inc • Pharmaceutical preparations
Contract Type FiledAugust 7th, 2015 Company IndustryThe purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between Credit Suisse Capital LLC (“Dealer”), represented by Credit Suisse Securities (USA) LLC (“Agent”) as its agent, and Ironwood Pharmaceuticals, Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements with respect to the Transaction and serve as the final documentation for the Transaction.
JPMorgan Chase Bank, National Association London Branch Canary Wharf London E14 5JP EnglandAdditional Call Option Transaction • January 14th, 2014 • TTM Technologies Inc • Printed circuit boards • New York
Contract Type FiledJanuary 14th, 2014 Company Industry JurisdictionThe purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between JPMorgan Chase Bank, National Association, London Branch (“Dealer”) and TTM Technologies, Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for the Transaction.