Common use of Determining Party Clause in Contracts

Determining Party. For all applicable Extraordinary Events, Dealer; provided that when making any determination or calculation as “Determining Party”, Dealer shall be bound by the same obligations relating to required acts of the Calculation Agent as set forth in Section 1.40 of the Equity Definitions and this Confirmation as if the Determining Party were the Calculation Agent. Non-Reliance: Applicable Agreements and Acknowledgments Regarding Hedging Activities: Applicable Hedging Adjustments: For the avoidance of doubt, whenever the Determining Party or the Calculation Agent is permitted to make an a adjustment pursuant to the terms of this Confirmation or the Equity Definitions to take into account the effect of an event, the Determining Party or the Calculation Agent, as the case may be, shall make such adjustment by reference to the effect of such event on the Hedging Party, assuming that the Hedging Party maintains a commercially reasonable hedge position. Additional Acknowledgments: Applicable

Determining Party. For all applicable Extraordinary Events, Dealer; provided that when making any determination or calculation as “Determining Party”, Dealer shall be bound by the same obligations relating to required acts of the Calculation Agent as set forth in Section 1.40 of the Equity Definitions and this Confirmation as if the Determining Party were the Calculation Agent. Non-Reliance: Applicable Agreements and Acknowledgments Regarding Hedging Activities: Applicable Hedging Adjustments: For the avoidance of doubt, whenever the Determining Party or the Calculation Agent is permitted to make an a adjustment aadjustment pursuant to the terms of this Confirmation or the Equity Definitions to take into account the effect of an event, the Determining Party or the Calculation Agent, as the case may be, shall make such adjustment by reference to the effect of such event on the Hedging Party, assuming that the Hedging Party maintains a commercially reasonable hedge position. Additional Acknowledgments: Applicable

Determining Party. For all applicable Extraordinary Events, Dealer; provided that when making any determination or calculation as “Determining Party”, Dealer shall be bound by the same obligations relating to required acts of the Calculation Agent as set forth in Section 1.40 of the Equity Definitions and this Confirmation as if the Determining Party were the Calculation Agent. Non-Reliance: Applicable Agreements and Acknowledgments Regarding Hedging Activities: Applicable Hedging Adjustments: For the avoidance of doubt, whenever the Determining Party or the Calculation Agent is permitted to make an a adjustment pursuant to the terms of this Confirmation or the Equity Definitions to take into account the effect of an event, the Determining Party or the Calculation Agent, ,as the case may be, shall make such adjustment by reference to the effect of such event on the Hedging Party, assuming that the Hedging Party maintains a commercially reasonable hedge position. Additional Acknowledgments: Applicable