Confirmation of OTC Warrant TransactionConfirmation of Otc Warrant Transaction • November 29th, 2006 • Chattem 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, with the elections specified in the “ISDA Master Agreement” Section of this Confirmation and amended in the manner specified in Appendix B to the ISDA User’s Guide to the 2002 Master Agreement to implement the “Close-out Amount”) 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 gover
Confirmation of OTC Warrant TransactionConfirmation of Otc Warrant Transaction • 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 Master 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.
EXHIBIT 10.7 [MERRILL LYNCH LOGO] CONFIRMATION OF OTC WARRANT TRANSACTION AMENDED AND RESTATED AS OF FEBRUARY 13, 2004 ORIGINAL DATE: FEBRUARY 11, 2004 ML REF: TO: DICK'S SPORTING GOODS, INC. ("COUNTERPARTY") ATTENTION: JEFF R. HENNION FROM: MERRILL...Confirmation of Otc Warrant Transaction • February 24th, 2004 • Dicks Sporting Goods Inc • Retail-miscellaneous shopping goods stores
Confirmation of OTC Warrant TransactionConfirmation of Otc Warrant Transaction • 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.
Confirmation of OTC Warrant TransactionConfirmation of Otc Warrant Transaction • 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.
Confirmation of OTC Warrant TransactionConfirmation of Otc Warrant Transaction • 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.
Goldman, Sachs & Co.Confirmation of Otc Warrant Transaction • May 23rd, 2011 • Iconix Brand Group, Inc. • Footwear, (no rubber) • New York
Confirmation of OTC Warrant TransactionConfirmation of Otc Warrant Transaction • November 16th, 2006 • General Cable Corp /De/ • Drawing & insulating of nonferrous wire • 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 Warrant TransactionConfirmation of Otc Warrant Transaction • 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 Warrant TransactionConfirmation of Otc Warrant Transaction • 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.
Date: March 1, 2007 To: Mylan Laboratories Inc. (“Counterparty”) From: Merrill Lynch International (“MLI”)Confirmation of Otc Warrant Transaction • 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.
JPMorgan Chase Bank, National Association London Branch P.O. Box 161 60 Victoria Embankment, London EC4Y 0JP England Confirmation of OTC Warrant TransactionConfirmation of Otc Warrant Transaction • 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.
AMENDMENT dated as of September 9, 2008 to the Confirmation of OTC Warrant Transaction dated as of March 1, 2007 between Mylan, Inc. (formerly Mylan Laboratories Inc.), as seller, Merrill Lynch International, as buyer, and Merrill Lynch, Pierce,...Confirmation of Otc Warrant Transaction • September 15th, 2008 • Mylan Inc. • Pharmaceutical preparations • New York
The parties have previously entered into the Agreement and have now agreed to amend the Agreement by the terms of this Amendment (this “Amendment”).
Confirmation of OTC Warrant TransactionConfirmation of Otc Warrant Transaction • 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 Warrant TransactionConfirmation of Otc Warrant Transaction • November 16th, 2006 • General Cable Corp /De/ • Drawing & insulating of nonferrous wire • 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 Warrant TransactionConfirmation of Otc Warrant Transaction • October 3rd, 2005 • Cyberonics Inc • Electromedical & electrotherapeutic apparatus • 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.
Confirmation of OTC Warrant TransactionConfirmation of Otc Warrant Transaction • February 16th, 2007 • Anixter International Inc • Wholesale-electrical apparatus & equipment, wiring supplies • 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. 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.
Date: October 17, 2007 To: Morgans Hotel Group Co. (“Counterparty”) Attention: Telephone No.: Facsimile No.: From: Citibank, N.A. (“Dealer”)Confirmation of Otc Warrant Transaction • October 17th, 2007 • Morgans Hotel Group Co. • Hotels & motels
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 and Dealer on the Trade Date specified below (the “Transaction”). This Confirmation amends, restates, and supercedes in its entirety the Confirmation in respect of the Transactions dated as of October 11, 2007. This Confirmation constitutes a “Confirmation” as referred to in the Agreement specified below.
Date: November 9, 2006 To: General Cable Corporation (“Counterparty”) From: Credit Suisse International (“Dealer”)Confirmation of Otc Warrant Transaction • November 16th, 2006 • General Cable Corp /De/ • Drawing & insulating of nonferrous wire
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.
