Common use of Other Forward(s) Clause in Contracts

Other Forward(s). Party A acknowledges that Party B has entered into a substantially identical forward transaction for the Shares on the date hereof (the “Other Additional Forward”) with an affiliate of Xxxxx Fargo Securities, LLC (the “Other Forward Counterparty”). Party A and Party B agree that if Party B designates a Settlement Date with respect to the Other Additional Forward and for which Cash Settlement or Net Share Settlement is applicable, and the resulting Unwind Period for the Other Additional Forward 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 of the first Exchange Business Day and length of such Overlap Unwind Period, and, subject to the immediately succeeding paragraph, 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, commencing on the first day of such Overlap Unwind Period. Party A additionally acknowledges that Party B has entered into a substantially identical forward transaction with respect to 4,000,000 Shares pursuant to a confirmation dated as of September 24, 2013 (the “Other Base Confirmation”) with the Other Forward Counterparty. Party A and Party B agree that if Party B designates a Settlement Date under the Other Base Confirmation for which Cash Settlement or Net Share Settlement is applicable, and the resulting Unwind Period under the Other Base Confirmation coincides, or would coincide if not for the provisions set forth under clause (y) below, for any period of time with an Unwind Period for the Transaction (such period, the “Other Matching Unwind Period”), then Party B shall notify Party A prior to the commencement of such Other Matching Unwind Period of the first Exchange Business Day and the length of such Other Matching Unwind Period and (x) if (and for so long as) the Other Matching Unwind Period also coincides for any period of time with an Unwind Period under the Base Confirmation, 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 the Other Matching Unwind Period, commencing on the first day of such Other Matching Unwind Period and (y) in all other cases (including, for the avoidance of doubt, if the Unwind Period for the Transaction coincides for any period of time with the Overlap Unwind Period and the Other Matching Unwind Period but not with an Unwind Period under the Base Confirmation), for the duration of the Other Matching Unwind Period, the Unwind Period under this Confirmation shall not commence (or, if the Unwind Period under this Confirmation has already commenced, such Unwind Period shall be suspended) until the Exchange Business Day immediately following the date the Other Matching Unwind Period ends. Party B shall promptly notify Party A of the end of any Other Matching Unwind Period.

Other Forward(s). Party A acknowledges that Party B has entered into a substantially identical forward transaction for the Shares on the date hereof (the “Other Additional Forward”) with an affiliate of [Xxxxx Fargo Securities, LLC LLC]10[X.X. Xxxxxx Securities LLC]11 (the “Other Forward Counterparty”). Party A and Party B agree that if Party B designates a Settlement Date with respect to the Other Additional Forward and for which Cash Settlement or Net Share Settlement is applicable, and the resulting Unwind Period for the Other Additional Forward 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 of the first Exchange Business Day and length of such Overlap Unwind Period, and, subject to the immediately succeeding paragraph, 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, commencing on the first [first]12[second]13 day of such Overlap Unwind Period. Party A additionally acknowledges that Party B has entered into a substantially identical forward transaction with respect to 4,000,000 Shares pursuant to a confirmation dated as of September 24, 2013 (the “Other Base Confirmation”) with the Other Forward Counterparty. Party A and Party B agree that if Party B designates a Settlement Date under the Other Base Confirmation for which Cash Settlement or Net Share Settlement is applicable, and the resulting Unwind Period under the Other Base Confirmation coincides, or would coincide if not for the provisions set forth under clause (y) below, for any period of time with an Unwind Period for the Transaction (such period, the “Other Matching Unwind Period”), then Party B shall notify Party A prior to the commencement of such Other Matching Unwind Period of the first Exchange Business Day and the length 10 Insert for JPMorgan. 11 Insert for Xxxxx Fargo. 12 Insert for JPMorgan. 13 Insert for Xxxxx Fargo. of such Other Matching Unwind Period and (x) if (and for so long as) the Other Matching Unwind Period also coincides for any period of time with an Unwind Period under the Base Confirmation, 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 the Other Matching Unwind Period, commencing on the first [first]14[second]15 day of such Other Matching Unwind Period and (y) in all other cases (including, for the avoidance of doubt, if the Unwind Period for the Transaction coincides for any period of time with the Overlap Unwind Period and the Other Matching Unwind Period but not with an Unwind Period under the Base Confirmation), for the duration of the Other Matching Unwind Period, the Unwind Period under this Confirmation shall not commence (or, if the Unwind Period under this Confirmation has already commenced, such Unwind Period shall be suspended) until the Exchange Business Day immediately following the date the Other Matching Unwind Period ends. Party B shall promptly notify Party A of the end of any Other Matching Unwind Period.

Other Forward(s). Party A acknowledges that Party B has entered into a two substantially identical forward transaction transactions for the Shares on the date hereof (the “Other Additional ForwardForwards”) with an affiliate of Xxxxx Fargo Securities, Xxxxxx Xxxxxxx & Co. LLC and Xxxxxxx Sachs & Co. LLC (the “Other Forward CounterpartyCounterparties”). Party A and Party B agree that if Party B designates a Settlement Date with respect to any of the Other Additional Forward Forwards and for which Cash Settlement or Net Share Settlement is applicable, and the resulting “Unwind Period Period” for the any such Other Additional Forward coincides for any period of time with an Unwind Period for the Transaction (the “Overlap Unwind Period”), Party B shall notify give written notice to Party A prior to the commencement of such Overlap Unwind Period (which written notice shall indicate whether the relevant Overlap Unwind Period coincides with an “Unwind Period” under one or both of the first Exchange Business Day and length of such Overlap Unwind PeriodOther Additional Forwards), and, subject to the immediately succeeding following paragraph, Party A shall only be permitted to purchase Shares to unwind its hedge in respect of the Transaction on on, and the resulting Unwind Period shall include only, every other second Exchange Business Day that is not a Suspension Day during such Overlap Unwind Period (in the case of an Overlap Unwind Period that coincides with an “Unwind Period” under one of the Other Additional Forwards) or every third Exchange Business Day that is not a Suspension Day during such Overlap Unwind Period (in the case of an Overlap Unwind Period that coincides with “Unwind Periods” under both of the Other Additional Forwards), in each case, as notified by Party B, commencing on the first day first, second or third Exchange Business Day of such Overlap Unwind Period. , as notified by Party B. Party A additionally acknowledges that Party B has entered into a two substantially identical forward transaction with respect to 4,000,000 transactions for the Shares pursuant to a confirmation dated as of September 24on June 6, 2013 2018 (the “Other Base ConfirmationForwards” and, together with the Other Additional Forwards, the “Other Forwards”) with each of the Other Forward CounterpartyCounterparties. Party A and Party B agree that if Party B designates a Settlement Date under with respect to any of the Other Base Confirmation Forwards and for which Cash Settlement or Net Share Settlement is applicable, and the resulting “Unwind Period under the Period” for any such Other Base Confirmation coincides, or would coincide if not for the provisions set forth under clause (y) below, Forward coincides for any period of time with an Unwind Period for the Transaction (such period, the “Other Matching Overlap Unwind Period”), then Party B shall notify give written notice to Party A prior to the commencement of such Other Matching Overlap Unwind Period (which written notice shall indicate whether the relevant Other Overlap Unwind Period coincides with an “Unwind Period” under one or both of the first Exchange Business Day Other Base Forwards), and the length of such Other Matching Unwind Period and (x) if (and for so long as) the Other Matching Unwind Period also coincides for any period of time with an Unwind Period under the Base Confirmation, Party A shall only be permitted to purchase Shares to unwind its hedge in respect of the Transaction on on, and the resulting Unwind Period shall include only, every other second Exchange Business Day that is not a Suspension Day during such Other Overlap Unwind Period (in the case of an Other Overlap Unwind Period that coincides with an “Unwind Period” under one of the Other Matching Base Forwards) or every third Exchange Business Day that is not a Suspension Day during such Other Overlap Unwind PeriodPeriod (in the case of an Other Overlap Unwind Period that coincides with “Unwind Periods” under both of the Other Base Forwards), in each case, as notified by Party B, commencing on the first day first, second or third Exchange Business Day of such Other Matching Overlap Unwind Period Period, as notified by Party B (each such Exchange Business Day on which Party A shall be permitted to purchase Shares in accordance with this paragraph and (y) in all other cases (includingthe immediately preceding paragraph, for an “Overlap Observation Day”). For the avoidance of doubt, if the Unwind Period for the Transaction coincides for any period operation of time with the Overlap Unwind Period and the this “Other Matching Unwind Period but not with an Unwind Period under the Base Confirmation), for the duration of the Other Matching Unwind Period, the Unwind Period under this Confirmation Forwards” provision shall not commence (or, if the Unwind Period under be deemed to give rise to a Disrupted Day or other adjustment to this Confirmation has already commenced, such Unwind Period shall be suspended) until the Exchange Business Day immediately following the date the Other Matching Unwind Period ends. Party B shall promptly notify Party A of the end of any Other Matching Unwind PeriodTransaction.

Other Forward(s). Party A acknowledges that Party B has entered into a two substantially identical forward transaction transactions for the Shares on the date hereof (the “Other Additional ForwardForwards”) with an affiliate Xxxxxxx, Xxxxx & Co. and Bank of Xxxxx Fargo SecuritiesAmerica, LLC (the “Other Forward Counterparty”). N.A. Party A and Party B agree that if Party B designates a Settlement Date with respect to any of the Other Additional Forward Forwards and for which Cash Settlement or Net Share Settlement is applicable, and the resulting Unwind Period for the any such Other Additional Forward coincides for any period of time with an 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 of the first Exchange Business Day and length of such Overlap Unwind Period, and, subject to the immediately succeeding paragraph, and Party A shall only be permitted to purchase Shares to unwind its hedge in respect of the this Transaction on and the resulting Unwind Period shall include only every other second Exchange Business Day that is not a Suspension Day during such Overlap Unwind Period, commencing on Period (in the first day case of such an Overlap Unwind Period. Party A additionally acknowledges Period that Party B has entered into a substantially identical forward transaction with respect to 4,000,000 Shares pursuant to a confirmation dated as of September 24, 2013 (the “Other Base Confirmation”) with the Other Forward Counterparty. Party A and Party B agree that if Party B designates a Settlement Date under the Other Base Confirmation for which Cash Settlement or Net Share Settlement is applicable, and the resulting Unwind Period under the Other Base Confirmation coincides, or would coincide if not for the provisions set forth under clause (y) below, for any period of time with an Unwind Period for the Transaction (such period, the “Other Matching Unwind Period”), then Party B shall notify Party A prior to the commencement of such Other Matching Unwind Period of the first Exchange Business Day and the length of such Other Matching Unwind Period and (x) if (and for so long as) the Other Matching Unwind Period also coincides for any period of time with an Unwind Period under the Base Confirmation, Party A shall only be permitted to purchase Shares to unwind its hedge in respect one of the Transaction on every other Other Forwards) or third Exchange Business Day that is not a Suspension Day during such Overlap Unwind Period (in the case of an Overlap Unwind Period that coincides with Unwind Periods under both of the Other Matching Unwind PeriodForwards), in each case as notified by Party B, commencing on the first day first, second or third Exchange Business Day of such Other Matching Overlap Unwind Period and (y) in all other cases (includingPeriod, for as notified by Party B. For the avoidance of doubt, if doubt the Unwind Period for the Transaction coincides for any period operation of time with the Overlap Unwind Period and the this “Other Matching Unwind Period but not with an Unwind Period under the Base Confirmation), for the duration of the Other Matching Unwind Period, the Unwind Period under this Confirmation Forwards” provision shall not commence (or, if the Unwind Period under be deemed to give rise to a Disrupted Day or other adjustment to this Confirmation has already commenced, such Unwind Period shall be suspended) until the Exchange Business Day immediately following the date the Other Matching Unwind Period ends. Party B shall promptly notify Party A of the end of any Other Matching Unwind PeriodTransaction.

Other Forward(s). Party A acknowledges that Party B has entered into a substantially identical forward transaction for the Shares on the date hereof (the “Other Additional Forward”) with an affiliate of Xxxxx Fargo Securities, X.X. Xxxxxx Securities LLC (the “Other Forward Counterparty”). Party A and Party B agree that if Party B designates a Settlement Date with respect to the Other Additional Forward and for which Cash Settlement or Net Share Settlement is applicable, and the resulting Unwind Period for the Other Additional Forward 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 of the first Exchange Business Day and length of such Overlap Unwind Period, and, subject to the immediately succeeding paragraph, 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, commencing on the first second day of such Overlap Unwind Period. Party A additionally acknowledges that Party B has entered into a substantially identical forward transaction with respect to 4,000,000 12,865,497 Shares pursuant to a confirmation dated as of September 24June 6, 2013 (the “Other Base Confirmation”) with the Other Forward Counterparty. Party A and Party B agree that if Party B designates a Settlement Date under the Other Base Confirmation for which Cash Settlement or Net Share Settlement is applicable, and the resulting Unwind Period under the Other Base Confirmation coincides, or would coincide if not for the provisions set forth under clause (y) below, for any period of time with an Unwind Period for the Transaction (such period, the “Other Matching Unwind Period”), then Party B shall notify Party A prior to the commencement of such Other Matching Unwind Period of the first Exchange Business Day and the length of such Other Matching Unwind Period and (x) if (and for so long as) the Other Matching Unwind Period also coincides for any period of time with an Unwind Period under the Base Confirmation, 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 the Other Matching Unwind Period, commencing on the first second day of such Other Matching Unwind Period and (y) in all other cases (including, for the avoidance of doubt, if the Unwind Period for the Transaction coincides for any period of time with the Overlap Unwind Period and the Other Matching Unwind Period but not with an Unwind Period under the Base Confirmation), for the duration of the Other Matching Unwind Period, the Unwind Period under this Confirmation shall not commence (or, if the Unwind Period under this Confirmation has already commenced, such Unwind Period shall be suspended) until the Exchange Business Day immediately following the date the Other Matching Unwind Period ends. Party B shall promptly notify Party A of the end of any Other Matching Unwind Period.

Other Forward(s). Party A acknowledges that Party B has entered into a two substantially identical forward transaction transactions for the Shares on the date hereof (the “Other Additional ForwardForwards”) with an affiliate of Xxxxx Fargo Securities, Xxxxxx Xxxxxxx & Co. LLC (the “Other Forward Counterparty”)and Xxxxxxx Sachs & Co. LLC. Party A and Party B agree that if Party B designates a Settlement Date with respect to any of the Other Additional Forward Forwards and for which Cash Settlement or Net Share Settlement is applicable, and the resulting “Unwind Period Period” for the any such Other Additional Forward coincides for any period of time with an Unwind Period for the Transaction (the “Overlap Unwind Period”), Party B shall notify give written notice to Party A prior to the commencement of such Overlap Unwind Period (which written notice shall indicate whether the relevant Overlap Unwind Period coincides with an “Unwind Period” under one or both of the first Exchange Business Day Other Forwards), and length of such Overlap Unwind Period, and, subject to the immediately succeeding paragraph, Party A shall only be permitted to purchase Shares to unwind its hedge in respect of the Transaction on on, and the resulting Unwind Period shall include only, every other second Exchange Business Day that is not a Suspension Day during such Overlap Unwind Period, commencing on Period (in the first day case of such an Overlap Unwind Period that coincides with an “Unwind Period. Party A additionally acknowledges that Party B has entered into a substantially identical forward transaction with respect to 4,000,000 Shares pursuant to a confirmation dated as ” under one of September 24, 2013 (the “Other Base Confirmation”) with the Other Forward Counterparty. Party A and Party B agree that if Party B designates a Settlement Date under the Other Base Confirmation for which Cash Settlement Forwards) or Net Share Settlement is applicable, and the resulting Unwind Period under the Other Base Confirmation coincides, or would coincide if not for the provisions set forth under clause (y) below, for any period of time with an Unwind Period for the Transaction (such period, the “Other Matching Unwind Period”), then Party B shall notify Party A prior to the commencement of such Other Matching Unwind Period of the first Exchange Business Day and the length of such Other Matching Unwind Period and (x) if (and for so long as) the Other Matching Unwind Period also coincides for any period of time with an Unwind Period under the Base Confirmation, Party A shall only be permitted to purchase Shares to unwind its hedge in respect of the Transaction on every other third Exchange Business Day that is not a Suspension Day during such Overlap Unwind Period (in the case of an Overlap Unwind Period that coincides with “Unwind Periods” under both of the Other Matching Unwind PeriodForwards), in each case, as notified by Party B, commencing on the first day first, second or third Exchange Business Day of such Other Matching Overlap Unwind Period and Period, as notified by Party B (y) each such Exchange Business Day on which Party A shall be permitted to purchase Shares in all other cases (includingaccordance with this paragraph, for an “Overlap Observation Day”). For the avoidance of doubt, if the Unwind Period for the Transaction coincides for any period operation of time with the Overlap Unwind Period and the this “Other Matching Unwind Period but not with an Unwind Period under the Base Confirmation), for the duration of the Other Matching Unwind Period, the Unwind Period under this Confirmation Forwards” provision shall not commence (or, if the Unwind Period under be deemed to give rise to a Disrupted Day or other adjustment to this Confirmation has already commenced, such Unwind Period shall be suspended) until the Exchange Business Day immediately following the date the Other Matching Unwind Period ends. Party B shall promptly notify Party A of the end of any Other Matching Unwind PeriodTransaction.

Other Forward(s). Party A acknowledges that Party B has entered into a substantially identical forward transaction for the Shares on the date hereof (the “Other Additional Forward”) with an affiliate of Xxxxx Fargo Securities, LLC Barclays Capital Inc. (the “Other Forward Counterparty”). Party A and Party B agree that if Party B designates a Settlement Date with respect to the Other Additional Forward and for which Cash Settlement or Net Share Settlement is applicable, and the resulting Unwind Period for the Other Additional Forward 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 of the first Exchange Business Day and length of such Overlap Unwind Period, and, subject to the immediately succeeding paragraph, 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, commencing on the first day of such Overlap Unwind Period. Party A additionally acknowledges that Party B has entered into a substantially identical forward transaction with respect to 4,000,000 12,865,497 Shares pursuant to a confirmation dated as of September 24June 6, 2013 (the “Other Base Confirmation”) with the Other Forward Counterparty. Party A and Party B agree that if Party B designates a Settlement Date under the Other Base Confirmation for which Cash Settlement or Net Share Settlement is applicable, and the resulting Unwind Period under the Other Base Confirmation coincides, or would coincide if not for the provisions set forth under clause (y) below, for any period of time with an Unwind Period for the Transaction (such period, the “Other Matching Unwind Period”), then Party B shall notify Party A prior to the commencement of such Other Matching Unwind Period of the first Exchange Business Day and the length of such Other Matching Unwind Period and (x) if (and for so long as) the Other Matching Unwind Period also coincides for any period of time with an Unwind Period under the Base Confirmation, 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 the Other Matching Unwind Period, commencing on the first day of such Other Matching Unwind Period and (y) in all other cases (including, for the avoidance of doubt, if the Unwind Period for the Transaction coincides for any period of time with the Overlap Unwind Period and the Other Matching Unwind Period but not with an Unwind Period under the Base Confirmation), for the duration of the Other Matching Unwind Period, the Unwind Period under this Confirmation shall not commence (or, if the Unwind Period under this Confirmation has already commenced, such Unwind Period shall be suspended) until the Exchange Business Day immediately following the date the Other Matching Unwind Period ends. Party B shall promptly notify Party A of the end of any Other Matching Unwind Period.