Common use of U.S. Resolution Stay Protocol Clause in Contracts

U.S. Resolution Stay Protocol. The parties acknowledge that both parties have adhered to the ISDA 2018 U.S. Resolution Stay Protocol and Attachment thereto as published by the International Swaps and Derivatives Association, Inc. on July 31, 2018 (the “Protocol”), agree that the terms of the Protocol are incorporated into and form a part of this Confirmation and agree that, for such purposes, this Confirmation shall be deemed a Protocol Covered Agreement, Dealer shall be deemed a Regulated Entity and Counterparty shall be deemed an Adhering Party. In the event of any inconsistencies between this Confirmation and the terms of the Protocol, the terms of the Protocol will govern. Terms used in this paragraph without definition shall have the meanings assigned to them under the Protocol. For purposes of this paragraph, references to “this Confirmation” include any related credit enhancements entered into between the parties or provided by one to the other. In addition, the parties agree that the terms of this paragraph shall be incorporated into any related Covered Affiliate Credit Enhancements, with all references to Dealer replaced by references to the covered affiliate support provider. Yours sincerely, JPMORGAN CHASE BANK, NATIONAL ASSOCIATION By: /s/ Kxxxx X. Xxxxx Name: Kxxxx X. Xxxxx Title: Vice President Confirmed as of the date first above written: DUKE ENERGY CORPORATION By: /s/ Jxxx X. Xxxxxxxx, III Name: Jxxx X. Xxxxxxxx, III Title: Assistant Treasurer SCHEDULE I FORWARD PRICE REDUCTION DATES AND AMOUNTS Schedule I-1 ANNEX A PRIVATE PLACEMENT PROCEDURES If Counterparty delivers Restricted Shares pursuant to Section 10 above (a “Private Placement Settlement”), then:

Appears in 2 contracts

Samples: Duke Energy CORP, Duke Energy CORP

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U.S. Resolution Stay Protocol. The parties acknowledge that both parties have previously adhered to the ISDA 2018 U.S. Resolution Stay Protocol and Attachment thereto as published by the International Swaps and Derivatives Association, Inc. on as of July 31, 2018 (the “ISDA U.S. Protocol”), agree that the terms of the Protocol are such protocol shall be incorporated into and form a part of this Confirmation and agree thatthe terms of the ISDA U.S. Protocol shall supersede and replace the terms of this section. For purposes of incorporating the ISDA U.S. Protocol, for such purposesDealer shall be deemed to be a Regulated Entity, Counterparty shall be deemed to be an Adhering Party, and this Confirmation shall be deemed to be a Protocol Covered Agreement, Dealer . Capitalized terms used but not defined in this paragraph shall be deemed a Regulated Entity and have the meanings given to them in the ISDA U.S. Protocol. Counterparty shall be deemed an Adhering Party. In the event of any inconsistencies between hereby agrees (a) to check this Confirmation carefully and immediately upon receipt so that errors or discrepancies can be promptly identified and rectified and (b) to confirm that the foregoing (in the exact form provided by Dealer) correctly sets forth the terms of the Protocol, the terms of the Protocol will govern. Terms used in this paragraph without definition shall have the meanings assigned to them under the Protocol. For purposes of this paragraph, references to “this Confirmation” include any related credit enhancements entered into agreement between the parties or provided by one Dealer and Counterparty with respect to the otherTransaction, by manually signing this Confirmation or this page hereof as evidence of agreement to such terms and providing the other information requested herein and immediately returning an executed copy to Xxxxxxx Xxxxx & Co. LLC, Equity Derivatives Documentation Department, Facsimile No. In addition(000) 000-0000/83. Very truly yours, the parties agree that the terms of this paragraph shall be incorporated into any related Covered Affiliate Credit Enhancements, with all references to Dealer replaced by references to the covered affiliate support providerXXXXXXX SACHS & CO. Yours sincerely, JPMORGAN CHASE BANK, NATIONAL ASSOCIATION LLC By: /s/ Kxxxx X. Xxxx Xxxxx Name: Kxxxx X. Xxxx Xxxxx Title: Vice President Confirmed Managing Director Accepted and confirmed as of the date first above writtenTrade Date: DUKE ENERGY CORPORATION SAREPTA THERAPEUTICS, INC. By: /s/ Jxxx X. Xxxxxxxx, III Name: Jxxx X. Xxxxxxxx, III Title: Assistant Treasurer SCHEDULE I FORWARD PRICE REDUCTION DATES AND AMOUNTS Schedule I-1 ANNEX A PRIVATE PLACEMENT PROCEDURES If Counterparty delivers Restricted Shares pursuant to Section 10 above (a “Private Placement Settlement”), then:Xxx Xxxxxxx Authorized Signatory

Appears in 2 contracts

Samples: Sarepta Therapeutics, Inc., Sarepta Therapeutics, Inc.

U.S. Resolution Stay Protocol. The parties acknowledge that both parties have previously adhered to the ISDA 2018 U.S. Resolution Stay Protocol and Attachment thereto as published by the International Swaps and Derivatives Association, Inc. on as of July 31, 2018 (the “ISDA U.S. Protocol”), agree that the terms of the Protocol are such protocol shall be incorporated into and form a part of this Confirmation and agree thatthe terms of the ISDA U.S. Protocol shall supersede and replace the terms of this section. For purposes of incorporating the ISDA U.S. Protocol, for such purposesDealer shall be deemed to be a Regulated Entity, Counterparty shall be deemed to be an Adhering Party, and this Confirmation shall be deemed to be a Protocol Covered Agreement, Dealer . Capitalized terms used but not defined in this paragraph shall be deemed a Regulated Entity and have the meanings given to them in the ISDA U.S. Protocol. Counterparty shall be deemed an Adhering Party. In the event of any inconsistencies between hereby agrees (a) to check this Confirmation carefully and immediately upon receipt so that errors or discrepancies can be promptly identified and rectified and (b) to confirm that the foregoing (in the exact form provided by Dealer) correctly sets forth the terms of the Protocol, the terms of the Protocol will govern. Terms used in this paragraph without definition shall have the meanings assigned to them under the Protocol. For purposes of this paragraph, references to “this Confirmation” include any related credit enhancements entered into agreement between the parties or provided by one Dealer and Counterparty with respect to the otherTransaction, by manually signing this Confirmation or this page hereof as evidence of agreement to such terms and providing the other information requested herein and immediately returning an executed copy to Dealer. In additionVery truly yours, the parties agree that the terms of this paragraph shall be incorporated into any related Covered Affiliate Credit Enhancements, with all references to Dealer replaced by references to the covered affiliate support providerXXXXXX XXXXXXX & CO. Yours sincerely, JPMORGAN CHASE BANK, NATIONAL ASSOCIATION LLC By: /s/ Kxxxx X. Xxxxx Xxxxxx XxXxxxxx Authorized Signatory Name: Kxxxx X. Xxxxx Title: Vice President Confirmed Managing Director Accepted and confirmed as of the date first above writtenTrade Date: DUKE ENERGY CORPORATION SAREPTA THERAPEUTICS, INC. By: /s/ Jxxx X. Xxxxxxxx, III Name: Jxxx X. Xxxxxxxx, III Title: Assistant Treasurer SCHEDULE I FORWARD PRICE REDUCTION DATES AND AMOUNTS Schedule I-1 ANNEX A PRIVATE PLACEMENT PROCEDURES If Counterparty delivers Restricted Shares pursuant to Section 10 above (a “Private Placement Settlement”), then:Xxx Xxxxxxx Authorized Signatory

Appears in 1 contract

Samples: Sarepta Therapeutics, Inc.

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U.S. Resolution Stay Protocol. The parties acknowledge that both parties have previously adhered to the ISDA 2018 U.S. Resolution Stay Protocol and Attachment thereto as published by the International Swaps and Derivatives Association, Inc. on as of July 31, 2018 (the “ISDA U.S. Protocol”), agree that the terms of the Protocol are such protocol shall be incorporated into and form a part of this Confirmation and agree thatthe terms of the ISDA U.S. Protocol shall supersede and replace the terms of this section. For purposes of incorporating the ISDA U.S. Protocol, for such purposesDealer shall be deemed to be a Regulated Entity, Counterparty shall be deemed to be an Adhering Party, and this Confirmation shall be deemed to be a Protocol Covered Agreement, Dealer . Capitalized terms used but not defined in this paragraph shall be deemed a Regulated Entity and have the meanings given to them in the ISDA U.S. Protocol. Counterparty shall be deemed an Adhering Party. In the event of any inconsistencies between hereby agrees (a) to check this Confirmation carefully and immediately upon receipt so that errors or discrepancies can be promptly identified and rectified and (b) to confirm that the foregoing (in the exact form provided by Dealer) correctly sets forth the terms of the Protocol, the terms of the Protocol will govern. Terms used in this paragraph without definition shall have the meanings assigned to them under the Protocol. For purposes of this paragraph, references to “this Confirmation” include any related credit enhancements entered into agreement between the parties or provided by one Dealer and Counterparty with respect to the otherTransaction, by manually signing this Confirmation or this page hereof as evidence of agreement to such terms and providing the other information requested herein and immediately returning an executed copy to Dealer. In additionVery truly yours, the parties agree that the terms of this paragraph shall be incorporated into any related Covered Affiliate Credit Enhancements, with all references to Dealer replaced by references to the covered affiliate support providerXXXXXX XXXXXXX & CO. Yours sincerely, JPMORGAN CHASE BANK, NATIONAL ASSOCIATION LLC By: /s/ Kxxxx X. Xxxxx Xxxxxx XxXxxxxx Name: Kxxxx X. Xxxxx Xxxxxx XxXxxxxx Title: Vice President Confirmed Managing Director Accepted and confirmed as of the date first above writtenTrade Date: DUKE ENERGY CORPORATION SAREPTA THERAPEUTICS, INC. By: /s/ Jxxx X. Xxxxxxxx, III Name: Jxxx X. Xxxxxxxx, III Title: Assistant Treasurer SCHEDULE I FORWARD PRICE REDUCTION DATES AND AMOUNTS Schedule I-1 ANNEX A PRIVATE PLACEMENT PROCEDURES If Counterparty delivers Restricted Shares pursuant to Section 10 above (a “Private Placement Settlement”), then:Xxx Xxxxxxx Authorized Signatory

Appears in 1 contract

Samples: Sarepta Therapeutics, Inc.

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