Confirmation of a Share Option Transaction Sample Contracts

Financial Institution Confirmation of a Share Option Transaction
Confirmation of a Share Option Transaction • September 10th, 2010 • Asm International N V • Special industry machinery, nec

Should an Early Termination Date arise in respect to which Counterparty is the Defaulting Party or the Affected Party, or otherwise should the Transaction for any reason be terminated or unwound prior to its scheduled Valuation Date at the instigation of Counterparty, Counterparty shall pay to Financial Institution on (a) such Early Termination Date or (b) in the absence of an Early Termination Date as such term is defined in the ISDA Form, the date upon which the relevant termination or unwind becomes effective (either such date the End Date) an amount equal to the present value as at the End Date as determined by the Calculation Agent of the Spread that would have become payable by the Counterparty to Financial Institution in respect of the period from and including that End Date up to and including the scheduled Valuation Date.

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Financial Institution Confirmation of a Share Option Transaction
Confirmation of a Share Option Transaction • September 10th, 2010 • Asm International N V • Special industry machinery, nec

The purpose of this letter agreement (this ‘Confirmation’) is to confirm the terms and conditions of the Transaction entered into between a certain financial institution (‘Financial Institution’) and ARTHUR DEL PRADO (the ‘Counterparty’) on the Trade Date specified below (the ‘Transaction’). This Confirmation constitutes a ‘Confirmation’ as referred to in the ISDA Master Agreement specified below, and supersedes all or any prior written or oral agreements in relation to the Transaction.

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