Common use of Determining Party Clause in Contracts

Determining Party. Dealer for all applicable Extraordinary Events; 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. The parties agree that they will comply with the provisions set forth in the second sentence under “Calculation Agent” above, as if the Determining Party were the Calculation Agent for purposes thereof. Acknowledgements: Non-Reliance: Applicable. Agreements and Acknowledgements Regarding Hedging Activities: Applicable.

Determining Party. Dealer for 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. The parties agree that they will comply with the provisions set forth in the second sentence under “Calculation Agent” abovebelow, as if the Determining Party were the Calculation Agent for purposes thereof. Acknowledgements: Non-Reliance: Applicable. Applicable Agreements and Acknowledgements Acknowledgments Regarding Hedging Activities: Applicable Additional Acknowledgments: Applicable.