Common use of Other Forward Clause in Contracts

Other Forward. Party A acknowledges that Party B has entered into substantially identical forward transactions for its Shares on the date hereof (the “Other Forwards”) with affiliates of each of Deutsche Bank Securities Inc. and Mxxxxxx Lxxxx, Pxxxxx Xxxxxx & Sxxxx Incorporated. Party A and Party B agree that if Party B designates a Settlement Date with respect to one or both of the Other Forwards and for which Cash Settlement is applicable, and the resulting Unwind Period for such Other Forward (or Other Forwards, as the case may be) coincides for any period of time with an Unwind Period for the Transaction (the “Overlap Unwind Period”), Party B shall notify Party A prior to the commencement of such Overlap Unwind Period, and Party A shall only be permitted to purchase Shares to unwind its hedge in respect of the Transaction on every other Exchange Business Day that is not a Suspension Day during such Overlap Unwind Period (if the Overlap Unwind Period is with respect to one Other Forward) or on every third Exchange Business Day that is not a Suspension Day during such Overlap Unwind Period (if the Overlap Unwind Period is with respect to both Other Forwards). Party B shall specify in any Settlement Notice that triggers an Overlap Unwind Period with respect to one Other Forward or with respect to both Other Forwards, as the case may be, which forward counterparty will be permitted to purchase Shares to unwind its hedge in respect of its Transaction first and second or first, second and third, as the case may be.

Other Forward. Party A acknowledges that Party B has entered into two substantially identical forward transactions for its Shares on the date hereof and on May 19, 2009 respectively (the “Other Forwards”) with affiliates an affiliate of each of Deutsche Bank Securities Inc. and Mxxxxxx LxxxxXxxxxxx, Pxxxxx Xxxxxx Xxxxx & Sxxxx Incorporated. Co. Party A and Party B agree that if Party B designates a Settlement Date with respect to one or both either of the Other Forwards and for which Cash Settlement or Net Share Settlement is applicable, and the resulting Unwind Period for such Other Forward (or Other Forwards, as the case may be) coincides for any period of time with an Unwind Period for the Transaction (the “Overlap Unwind Period”), Party B shall notify Party A prior to the commencement of such Overlap Unwind Period, and Party A shall only be permitted to purchase Shares to unwind its hedge in respect of the Transaction on every other Exchange Business Day that is not a Suspension Day during such Overlap Unwind Period (Period, commencing on the first day of such Overlap Unwind Period; provided that if the such first day of such Overlap Unwind Period is with a day on which Party A is contractually prohibited from purchasing Shares to unwind its hedge in respect of any other transaction pursuant to one Other Forward) or on every third Exchange Business Day that is not a Suspension Day during such Overlap Unwind Period (if any provision substantially similar to the Overlap Unwind Period is with respect to both Other Forwards). provision immediately preceding this proviso, then Party B A shall specify in any Settlement Notice that triggers an Overlap Unwind Period with respect to one Other Forward or with respect to both Other Forwards, as the case may be, which forward counterparty will only be permitted to purchase Shares to unwind its hedge in respect of its the Transaction first and on every other Exchange Business Day during such Overlap Unwind Period, commencing on the second or first, second and third, as the case may beday of such Overlap Unwind Period.

Other Forward. Party A acknowledges that Party B has entered into two substantially identical forward transactions for its Shares on the date hereof (the “Other Forwards”) with affiliates an affiliate of each of Deutsche Bank Securities Inc. and Mxxxxxx Lxxxx, Pxxxxx Xxxxxx & Sxxxx Incorporated. Xxxxxxx Party A and Party B agree that if Party B designates a Settlement Date with respect to one or both either of the Other Forwards and for which Cash Settlement or Net Share Settlement is applicable, and the resulting Unwind Period for such Other Forward (or Other Forwards, as the case may be) coincides for any period of time with an Unwind Period for the Transaction (the “Overlap Unwind Period”), Party B shall notify Party A prior to the commencement of such Overlap Unwind Period, and Party A shall only be permitted to purchase Shares to unwind its hedge in respect of the Transaction on every other Exchange Business Day that is not a Suspension Day during such Overlap Unwind Period (Period, commencing on the second day of such Overlap Unwind Period; provided that if the such second day of such Overlap Unwind Period is with a day on which Party A is contractually prohibited from purchasing Shares to unwind its hedge in respect of any other transaction pursuant to one Other Forward) or on every third Exchange Business Day that is not a Suspension Day during such Overlap Unwind Period (if any provision substantially similar to the Overlap Unwind Period is with respect to both Other Forwards). provision immediately preceding this proviso, then Party B A shall specify in any Settlement Notice that triggers an Overlap Unwind Period with respect to one Other Forward or with respect to both Other Forwards, as the case may be, which forward counterparty will only be permitted to purchase Shares to unwind its hedge in respect of its the Transaction on every other Exchange Business Day during such Overlap Unwind Period, commencing on the first and second or first, second and third, as the case may beday of such Overlap Unwind Period.

Other Forward. Party A acknowledges that Party B has entered into two substantially identical forward transactions for its Shares on the date hereof (the “Other Forwards”) with affiliates an affiliate of each of Deutsche Bank Securities Inc. and Mxxxxxx LxxxxXxxxxxx, Pxxxxx Xxxxxx Xxxxx & Sxxxx Incorporated. Co. Party A and Party B agree that if Party B designates a Settlement Date with respect to one or both either of the Other Forwards and for which Cash Settlement or Net Share Settlement is applicable, and the resulting Unwind Period for such Other Forward (or Other Forwards, as the case may be) coincides for any period of time with an Unwind Period for the Transaction (the “Overlap Unwind Period”), Party B shall notify Party A prior to the commencement of such Overlap Unwind Period, and Party A shall only be permitted to purchase Shares to unwind its hedge in respect of the Transaction on every other Exchange Business Day that is not a Suspension Day during such Overlap Unwind Period (Period, commencing on the first day of such Overlap Unwind Period; provided that if the such first day of such Overlap Unwind Period is with a day on which Party A is contractually prohibited from purchasing Shares to unwind its hedge in respect of any other transaction pursuant to one Other Forward) or on every third Exchange Business Day that is not a Suspension Day during such Overlap Unwind Period (if any provision substantially similar to the Overlap Unwind Period is with respect to both Other Forwards). provision immediately preceding this proviso, then Party B A shall specify in any Settlement Notice that triggers an Overlap Unwind Period with respect to one Other Forward or with respect to both Other Forwards, as the case may be, which forward counterparty will only be permitted to purchase Shares to unwind its hedge in respect of its the Transaction first and on every other Exchange Business Day during such Overlap Unwind Period, commencing on the second or first, second and third, as the case may beday of such Overlap Unwind Period.

Other Forward. Party A acknowledges that Party B has entered into substantially identical a forward transactions transaction for its Shares on the date hereof (the “Other ForwardsForward”) with affiliates an affiliate of each of Deutsche Bank Securities Xxxxxxx Xxxxx & Co., Inc. and Mxxxxxx Lxxxx(such affiliate, Pxxxxx Xxxxxx & Sxxxx Incorporatedthe “Other Dealer”). Party A and Party B agree that that, in order to facilitate compliance with the provisions of Rule 10b-18 under the Exchange Act, if Party B designates a Settlement Date or a Settlement Date occurs on the Maturity Date with respect to one or both of the Other Forwards and for which Cash Settlement is applicable, Forward and the resulting Unwind Period for such the Other Forward (or Other Forwards, as the case may be) coincides for any period of time with an the Unwind Period for the this Transaction (the “Overlap Unwind Period”), Party B shall notify Party A prior to the commencement of such Overlap Unwind Period, Period and Party A shall only be permitted to purchase Shares to unwind its hedge in respect of the Transaction Unwind Daily Share Amount on every other Exchange Business Day that is not a Suspension Scheduled Trading Day during such Overlap Unwind Period (if Period, commencing on the Overlap Unwind Period is with respect to one Other Forward) or on every third Exchange Business Day that is not a Suspension Day during first day of such Overlap Unwind Period (if Period. Assignment: Party A may assign or transfer any of its rights or delegate any of its duties hereunder to any affiliate of Party A or any entity organized or sponsored by Party A without the Overlap Unwind Period is with respect prior written consent of Party B. Notwithstanding any other provision of this Confirmation to both Other Forwards). the contrary requiring or allowing Party B shall specify in any Settlement Notice that triggers an Overlap Unwind Period with respect to one Other Forward or with respect to both Other Forwards, as the case may be, which forward counterparty will be permitted A to purchase or receive any Shares from Party B, Party A may designate any of its affiliates to unwind its hedge purchase or receive such Shares or otherwise to perform Party A’s obligations in respect of this Transaction and any such designee may assume such obligations, and Party A shall be discharged of its Transaction first and second or first, second and third, as obligations to Party B to the case may beextent of any such performance.

Other Forward. Party A acknowledges that Party B has entered into two substantially identical forward transactions for its Shares on the date hereof and on May 19, 2009 respectively (the “Other Forwards”) with affiliates an affiliate of each of Deutsche Bank Securities Inc. and Mxxxxxx Lxxxx, Pxxxxx Xxxxxx & Sxxxx Incorporated. Xxxxxxx Party A and Party B agree that if Party B designates a Settlement Date with respect to one or both either of the Other Forwards and for which Cash Settlement or Net Share Settlement is applicable, and the resulting Unwind Period for such Other Forward (or Other Forwards, as the case may be) coincides for any period of time with an Unwind Period for the Transaction (the “Overlap Unwind Period”), Party B shall notify Party A prior to the commencement of such Overlap Unwind Period, and Party A shall only be permitted to purchase Shares to unwind its hedge in respect of the Transaction on every other Exchange Business Day that is not a Suspension Day during such Overlap Unwind Period (Period, commencing on the second day of such Overlap Unwind Period; provided that if the such second day of such Overlap Unwind Period is with a day on which Party A is contractually prohibited from purchasing Shares to unwind its hedge in respect of any other transaction pursuant to one Other Forward) or on every third Exchange Business Day that is not a Suspension Day during such Overlap Unwind Period (if any provision substantially similar to the Overlap Unwind Period is with respect to both Other Forwards). provision immediately preceding this proviso, then Party B A shall specify in any Settlement Notice that triggers an Overlap Unwind Period with respect to one Other Forward or with respect to both Other Forwards, as the case may be, which forward counterparty will only be permitted to purchase Shares to unwind its hedge in respect of its the Transaction on every other Exchange Business Day during such Overlap Unwind Period, commencing on the first and second or first, second and third, as the case may beday of such Overlap Unwind Period.