Confirmation of OTC Convertible Note HedgeConfirmation of Otc Convertible Note Hedge • June 29th, 2007 • Tektronix Inc • Instruments for meas & testing of electricity & elec signals • New York
The purpose of this letter agreement (this “Confirmation”) is to amend and restate the terms and conditions of the above-referenced transaction entered into among Counterparty, Dealer and Merrill Lynch, Pierce, Fenner & Smith Incorporated (the “Agent”) on the Trade Date specified below (the “Transaction”). This Confirmation amends, restates and supersedes in its entirety the Confirmation in respect of the Transaction dated as of June 25, 2007. This Confirmation constitutes a “Confirmation” as referred to in the Agreement specified below.
Confirmation of OTC Convertible Note HedgeConfirmation of Otc Convertible Note Hedge • March 10th, 2006 • Amgen Inc • Biological products, (no disgnostic substances) • New York
This 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 an agreement in the 1992 form of the ISDA Master Agreement (Multicurrency Cross Border) (the “Master Agreement” or “Agreement”) as if we had executed an agreement in such form (but without any Schedule and with elections specified in the “ISDA Master Agreement” Section of this Confirmation) on the Trade Date of the first such Transaction between us. 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 HedgeConfirmation of Otc Convertible Note Hedge • November 22nd, 2005 • Pantry Inc • Retail-auto dealers & gasoline stations • New York
This 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 an agreement in the 1992 form of the ISDA Master Agreement (Multicurrency Cross Border) (the “Master Agreement” or “Agreement”) as if we had executed an agreement in such form (but without any Schedule and with elections specified in the “ISDA Master Agreement” Section of this Confirmation) on the Trade Date of the first such Transaction between us. 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.
ContractConfirmation of Otc Convertible Note Hedge • February 23rd, 2009 • Mylan Inc. • Pharmaceutical preparations
THIS CONFIRMATION AMENDS, REPLACES, SUPERSEDES AND RESTATES IN ITS ENTIRETY ALL PREVIOUS CONFIRMATIONS PERTAINING TO THIS TRANSACTION.
Confirmation of OTC Convertible Note HedgeConfirmation of Otc Convertible Note Hedge • June 20th, 2007 • Iconix Brand Group, Inc. • Footwear, (no rubber) • New York
The purpose of this letter agreement (this “Confirmation”) is to amend and restate the terms and conditions of the above-referenced transaction entered into among Counterparty, MLI and Merrill Lynch, Pierce, Fenner & Smith Incorporated (the “Agent” or “MLPFS”) on the Trade Date specified below (the “Transaction”). This Confirmation amends, restates and supercedes in its entirety the Confirmation in respect of the Transaction dated as of June 14, 2007. This Confirmation constitutes a “Confirmation” as referred to in the Agreement specified below.
JPMorgan Chase Bank, National Association London Branch P.O. Box 161 60 Victoria Embankment London EC4Y 0JP England Confirmation of OTC Convertible Note HedgeConfirmation of Otc Convertible Note Hedge • March 7th, 2007 • Mylan Laboratories Inc • Pharmaceutical preparations • New York
This 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 (Multicurrency Cross Border) (the “Master Agreement” or “Agreement”) as if we had executed an agreement in such form (but without any Schedule and with 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 HedgeConfirmation of Otc Convertible Note Hedge • October 17th, 2007 • Morgans Hotel Group Co. • Hotels & motels • New York
This 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 (Multicurrency – Cross Border) (the “Master Agreement” or “Agreement”) as if we had executed an agreement in such form (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 HedgeConfirmation of Otc Convertible Note Hedge • August 4th, 2006 • Gilead Sciences Inc • Biological products, (no disgnostic substances) • New York
This 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 an agreement in the 1992 form of the ISDA Master Agreement (Multicurrency Cross Border) (the “Master Agreement”) as if we had executed an agreement in such form (but without any Schedule and with the elections specified in the “ISDA Master Agreement” Section of this Confirmation) on the Trade Date of the Transaction. In the event of any inconsistency between the provisions of that agreement and this Confirmation, this Confirmation will prevail for the purpose of the Transaction. The parties hereby agree that the Transaction evidenced by this Confirmation shall be the only Transaction subject to and governed by the Master Agreement.
Payment Amount Premium: $[amount redacted] mm to be paid on the Initial Settlement Date. Exchange: As provided in the Note Indenture in the definition of "Sale Price"Confirmation of Otc Convertible Note Hedge • February 24th, 2004 • Dicks Sporting Goods Inc • Retail-miscellaneous shopping goods stores
Confirmation of OTC Convertible Note HedgeConfirmation of Otc Convertible Note Hedge • May 23rd, 2011 • Iconix Brand Group, Inc. • Footwear, (no rubber) • New York
This Confirmation, together with the Agreement (as defined below), evidences a complete and binding agreement between Counterparty and GS&Co. as to the terms of the Transaction to which this Confirmation relates. This Confirmation shall be subject to, and form part of, an agreement in the 1992 form of the ISDA Master Agreement (Multicurrency Cross Border) (the “Master Agreement” or “Agreement”) as if we had executed an agreement in such form (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 the 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 Hedge Date: February 5, 2008Confirmation of Otc Convertible Note Hedge • February 11th, 2008 • Aar Corp • Aircraft & parts • New York
Confirmation of OTC Convertible Note HedgeConfirmation of Otc Convertible Note Hedge • February 11th, 2008 • Aar Corp • Aircraft & parts • New York
