Capped Call Transaction Sample Contracts

Base Capped Call Transaction (Transaction Reference Number: ) (July 20th, 2018)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Bank of Montreal (Dealer) and Encore Capital Group, Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below. Dealer is acting as principal in this Transaction and BMO Capital Markets Corp. (BMOCMC), its affiliate, is acting as agent for this Transaction solely in connection with Rule 15a-6 of the Securities Exchange Act of 1934, as amended. Dealer and Issuer each acknowledge and agree that (a) BMOCMC is acting solely in its capacity as agent, and not as principal with respect to this Transaction, (b) BMOCMC shall have no responsibility or personal liability, by way of guarantee, endorsement or otherwise, in respect of this Transaction (including arising from any failure by Dealer or Issuer to pay or perform any obli

To: Encore Capital Group, Inc. 3111 Camino Del Rio North, Suite 1300 San Diego, California 92108 Attn: Scott Goverman Telephone: (858) 569-5825 Facsimile: (858) 309-6977 From: Bank of America, N.A. One Bryant Park New York, NY 10036 Re: Additional Capped Call Transaction (Transaction Reference Number: ) (July 20th, 2018)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Bank of America, N.A. (Dealer) and Encore Capital Group, Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

Re: Additional Capped Call Transaction (July 20th, 2018)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Credit Suisse International (Dealer) and Encore Capital Group, Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

MongoDB, Inc. – [Dealer Name and Address] To: MongoDB, Inc. 229 W. 43rd Street, 5th Floor New York, NY 10036 From: [Dealer] Re: [Base][Additional] Capped Call Transaction Ref. No: Date: June [ ], 2018 Dear Ladies and Gentlemen: (June 28th, 2018)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between [Dealer] (Dealer) and MongoDB, Inc., a Delaware corporation (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

China Lodging Group Limited – DATE: October 31, 2017 TO: China Lodging Group, Limited ATTENTION: Teo Nee Chuan TELEPHONE: FROM: JPMorgan Chase Bank, National Association London Branch 25 Bank Street Canary Wharf London E14 5JP England SUBJECT: Additional Capped Call Transaction REFERENCE NUMBER(S): (April 20th, 2018)

This Confirmation evidences a complete and binding agreement between Dealer and Counterparty as to the terms of the Transaction to which this Confirmation relates. This Confirmation shall supplement, form a part of, and be subject to an agreement (the Agreement) in the form of the ISDA 2002 Master Agreement as if Dealer and Counterparty had executed an agreement in such form (without any Schedule but with the elections set forth in this Confirmation). The Transaction shall be the only transaction under the Agreement.

China Lodging Group Limited – New York, NY 10036 SUBJECT: Base Capped Call Transaction REFERENCE NUMBER(S): (April 20th, 2018)

This Confirmation evidences a complete and binding agreement between Dealer and Counterparty as to the terms of the Transaction to which this Confirmation relates. This Confirmation shall supplement, form a part of, and be subject to an agreement (the Agreement) in the form of the ISDA 2002 Master Agreement as if Dealer and Counterparty had executed an agreement in such form (without any Schedule but with the elections set forth in this Confirmation). The Transaction shall be the only transaction under the Agreement.

To: RingCentral, Inc. 20 Davis Drive Belmont, California 94002 From: [ ], Acting as Agent for [ ] Telephone: Re: Base Capped Call Transaction Ref. No: Date: February 28, 2018 (March 6th, 2018)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between [ ] (Dealer)[, through its agent [ ] (the Agent),] and RingCentral, Inc. a Delaware corporation (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

To: Amicus Therapeutics, Inc. 1 Cedar Brook Drive Cranbury, NJ 08512 From: JPMorgan Chase Bank, National Association, London Branch Re: Additional Capped Call Transaction Date: December 19, 2016 Dear Ladies and Gentlemen: (December 21st, 2016)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between JPMorgan Chase Bank, National Association, London Branch (Dealer) and Amicus Therapeutics, Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

Re: [Base]1[Additional]2 Capped Call Transaction (Transaction Reference Number: (August 9th, 2016)

The purpose of this communication (this "Confirmation") is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the "Transaction") between [*] ("Dealer") and Cypress Semiconductor Corporation ("Counterparty"). This communication constitutes a "Confirmation" as referred to in the ISDA Master Agreement specified below.

To: Anacor Pharmaceuticals, Inc. 1020 East Meadow Circle Palo Alto, CA 94303 From: Citigroup Global Markets Inc. Re: Base Capped Call Transaction Date: March 31, 2016 Dear Ladies and Gentlemen: (April 6th, 2016)

The purpose of this communication (this "Confirmation") is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the "Transaction") between Citigroup Global Markets Inc. ("Dealer") and Anacor Pharmaceuticals, Inc. ("Counterparty"). This communication constitutes a "Confirmation" as referred to in the ISDA Master Agreement specified below.

From: Citigroup Global Markets Inc. Re: Additional Capped Call Transaction Date: April 1, 2016 (April 6th, 2016)

The purpose of this communication (this "Confirmation") is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the "Transaction") between Citigroup Global Markets Inc. ("Dealer") and Anacor Pharmaceuticals, Inc. ("Counterparty"). This communication constitutes a "Confirmation" as referred to in the ISDA Master Agreement specified below.

DATE: January 21, 2015 TO: SunEdison, Inc. 501 Pearl Drive St. Peters, MO 63376 ATTENTION: Brian Wuebbels EVP and Chief Financial Officer TELEPHONE: (636) 474-5000 FACSIMILE: (636) 474-5158 FROM: Deutsche Bank AG, London Branch SUBJECT: Base Capped Call Transaction REFERENCE NUMBER(S): 617278 (January 27th, 2015)

The purpose of this agreement (this Confirmation) is to confirm the terms and conditions of the transaction entered into between Deutsche Bank AG, London Branch(Dealer) and SunEdison, Inc. (Counterparty) on the Trade Date specified below (the Transaction). This Confirmation constitutes a Confirmation as referred to in the ISDA Master Agreement specified below. This Confirmation constitutes the entire agreement and understanding of the parties with respect to the subject matter and terms of the Transaction and supersedes all prior or contemporaneous written and oral communications with respect thereto.

Monster Worldwide – October 16, 2014 To: Monster Worldwide, Inc. 622 Third Avenue, 39th Floor New York, New York 10017 Attn: General Counsel Telephone: (212) 351-7000 Facsimile: (212) 351-7097 From: Bank of America, N.A. C/O Merrill Lynch, Pierce, Fenner & Smith Incorporated One Bryant Park New York, NY 10036 Attn: Peter Tucker, Assistant General Counsel Telephone: 646-855-5821 Facsimile: 646-822-5633 Re: Base Capped Call Transaction (Transaction Reference Number: 148597325) Ladies and Gentlemen: (October 17th, 2014)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Bank of America, N.A. (BofA) and Monster Worldwide, Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

Syntroleum – May 29, 2014 To: Renewable Energy Group, Inc. 416 South Bell Avenue Ames, Iowa 50010 Attn: Chad Stone, Chief Financial Officer Telephone: (515) 239-8069 Facsimile: (515) 239-8039 From: Bank of America, N.A. C/O Merrill Lynch, Pierce, Fenner & Smith Incorporated One Bryant Park New York, NY 10036 Attn: Peter Tucker, Assistant General Counsel Telephone: 646-855-5821 Facsimile: 646-822-5633 Re: Base Capped Call Transaction (Transaction Reference Number: 148347479) (June 3rd, 2014)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Bank of America, N.A. (Dealer) and Renewable Energy Group, Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

Syntroleum – May 30, 2014 To: Renewable Energy Group, Inc. 416 South Bell Avenue Ames, Iowa 50010 Attn: Chad Stone, Chief Financial Officer Telephone: (515) 239-8069 Facsimile: (515) 239-8039 From: Bank of America, N.A. C/O Merrill Lynch, Pierce, Fenner & Smith Incorporated One Bryant Park New York, NY 10036 Attn: Peter Tucker, Assistant General Counsel Telephone: 646-855-5821 Facsimile: 646-822-5633 Re: Additional Capped Call Transaction (Transaction Reference Number: 148348252) (June 3rd, 2014)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Bank of America, N.A. (Dealer) and Renewable Energy Group, Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

May 29, 2014 To: Renewable Energy Group, Inc. 416 South Bell Avenue Ames, Iowa 50010 Attn: Chad Stone, Chief Financial Officer Telephone: (515) 239-8069 Facsimile: (515) 239-8039 From: Bank of America, N.A. C/O Merrill Lynch, Pierce, Fenner & Smith Incorporated One Bryant Park New York, NY 10036 Attn: Peter Tucker, Assistant General Counsel Telephone: 646-855-5821 Facsimile: 646-822-5633 Re: Base Capped Call Transaction (Transaction Reference Number: 148347479) (June 3rd, 2014)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Bank of America, N.A. (Dealer) and Renewable Energy Group, Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

To: Renewable Energy Group, Inc. 416 South Bell Avenue Ames, Iowa 50010 Attn: Chad Stone, Chief Financial Officer Telephone: (515) 239-8069 Facsimile: (515) 239-8039 From: Wells Fargo Bank, National Association 375 Park Avenue, 4th Floor MAC J0127-041 New York, NY 10152 Attention: Derivatives Structuring Group Telephone: (212) 214-6101 Facsimile: (212) 214-5913 Re: Base Capped Call Transaction (June 3rd, 2014)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Wells Fargo Bank, National Association (Dealer) and Renewable Energy Group, Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

Re: (June 3rd, 2014)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Wells Fargo Bank, National Association (Dealer) and Renewable Energy Group, Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

May 30, 2014 To: Renewable Energy Group, Inc. 416 South Bell Avenue Ames, Iowa 50010 Attn: Chad Stone, Chief Financial Officer Telephone: (515) 239-8069 Facsimile: (515) 239-8039 From: Bank of America, N.A. C/O Merrill Lynch, Pierce, Fenner & Smith Incorporated One Bryant Park New York, NY 10036 Attn: Peter Tucker, Assistant General Counsel Telephone: 646-855-5821 Facsimile: 646-822-5633 Re: Additional Capped Call Transaction (Transaction Reference Number: 148348252) (June 3rd, 2014)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Bank of America, N.A. (Dealer) and Renewable Energy Group, Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

Syntroleum – To: Renewable Energy Group, Inc. 416 South Bell Avenue Ames, Iowa 50010 Attn: Chad Stone, Chief Financial Officer Telephone: (515) 239-8069 Facsimile: (515) 239-8039 From: Wells Fargo Bank, National Association 375 Park Avenue, 4th Floor MAC J0127-041 New York, NY 10152 Attention: Derivatives Structuring Group Telephone: (212) 214-6101 Facsimile: (212) 214-5913 Re: Base Capped Call Transaction (June 3rd, 2014)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Wells Fargo Bank, National Association (Dealer) and Renewable Energy Group, Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

March 6, 2014 To: Encore Capital Group, Inc. 3111 Camino Del Rio North, Suite 1300 San Diego, California 92108 Attn: Paul Grinberg, Chief Financial Officer Telephone: 858-309-6904 Facsimile: 858-309-6977 From: Societe Generale 245 Park Avenue New York, NY 10167 (March 11th, 2014)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Societe Generale (Dealer) and Encore Capital Group, Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below. Dealer is acting as principal and SG Americas Securities, LLC (Agent), its affiliate, is acting as agent for Dealer for the Transaction under this Confirmation.

March 5, 2014 To: Encore Capital Group, Inc. 3111 Camino Del Rio North, Suite 1300 San Diego, California 92108 Attn: Paul Grinberg, Chief Financial Officer Telephone: 858-309-6904 Facsimile: 858-309-6977 From: Credit Suisse International One Cabot Square London E14 4QJ England Re: Base Capped Call Transaction (Transaction Reference Number: ) (March 11th, 2014)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Credit Suisse International (Dealer), through its agent Credit Suisse AG, New York branch (the Agent) and Encore Capital Group, Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

Encore Capital Group, Inc. 3111 Camino Del Rio North, Suite 1300 San Diego, California 92108 Morgan Stanley & Co. LLC 1585 Broadway, 5th Floor New York, NY 10036 (March 11th, 2014)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Morgan Stanley & Co. LLC (Dealer) and Encore Capital Group, Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

March 6, 2014 (March 11th, 2014)
March 6, 2014 To: Encore Capital Group, Inc. 3111 Camino Del Rio North, Suite 1300 San Diego, California 92108 Attn: Paul Grinberg, Chief Financial Officer Telephone: 858-309-6904 Facsimile: 858-309-6977 From: Morgan Stanley & Co. LLC 1585 Broadway, 5th Floor New York, NY 10036 (March 11th, 2014)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Morgan Stanley & Co. LLC (Dealer) and Encore Capital Group, Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

March 5, 2014 To: Encore Capital Group, Inc. 3111 Camino Del Rio North, Suite 1300 San Diego, California 92108 Attn: Paul Grinberg, Chief Financial Officer Telephone: 858-309-6904 Facsimile: 858-309-6977 From: Societe Generale 245 Park Avenue New York, NY 10167 Re: Base Capped Call Transaction (Transaction Reference Number: ) (March 11th, 2014)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Societe Generale (Dealer) and Encore Capital Group, Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below. Dealer is acting as principal and SG Americas Securities, LLC (Agent), its affiliate, is acting as agent for Dealer for the Transaction under this Confirmation.

One Cabot Square (March 11th, 2014)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Credit Suisse International (Dealer), through its agent Credit Suisse AG, New York branch (the Agent) and Encore Capital Group, Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

March 5, 2014 To: Encore Capital Group, Inc. 3111 Camino Del Rio North, Suite 1300 San Diego, California 92108 Attn: Paul Grinberg, Chief Financial Officer Telephone: 858-309-6904 Facsimile: 858-309-6977 From: Citibank, N.A. 390 Greenwich Street New York, NY 10013 Re: Base Capped Call Transaction (Transaction Reference Number: ) (March 11th, 2014)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Citibank, N.A. (Dealer) and Encore Capital Group, Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

Endologix Inc – December 4, 2013 To: Endologix, Inc. 11 Studebaker Irvine, California 92618 Attn: Shelley Thunen Telephone: 949.595.7209 Facsimile: 949.595.7309 From: Bank of America, N.A. C/O Merrill Lynch, Pierce, Fenner & Smith Incorporated One Bryant Park New York, NY 10036 Attn: Peter Tucker, Assistant General Counsel Telephone: 646-855-5821 Facsimile: 646-822-5633 Re: Base Capped Call Transaction (Transaction Reference Number: 138553084) (December 6th, 2013)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Bank of America, N.A. (BofA) and Endologix, Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

BarclaysBank PLC Re: (October 11th, 2013)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Barclays Bank PLC (Dealer) through its agent Barclays Capital Inc. (the Agent), and BioMarin Pharmaceutical Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below. Barclays Bank PLC is not a member of the Securities Investor Protection Corporation (SIPC). Barclays is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.

October 9, 2013 To: BioMarin Pharmaceutical Inc. 105 Digital Drive Novato, CA 94949 Attn: General Counsel Telephone: 415-506-6700 Facsimile: 415-506-6425 From: Barclays Bank PLC 5 the North Colonnade Canary Wharf, London E14 4BB Facsimile: +44(20)77736461 Telephone: +44 (20) 777 36810 C/O Barclays Capital Inc. As Agent for Barclays Bank PLC 745 Seventh Ave New York, NY 10019 Telephone: +1 212 412 4000 Re: Additional Capped Call Transaction (October 11th, 2013)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Barclays Bank PLC (Dealer) through its agent Barclays Capital Inc. (the Agent), and BioMarin Pharmaceutical Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below. Barclays Bank PLC is not a member of the Securities Investor Protection Corporation (SIPC). Barclays is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.

October 8, 2013 To: BioMarin Pharmaceutical Inc. 105 Digital Drive Novato, CA 94949 Attn: General Counsel Telephone: 415-506-6700 Facsimile: 415-506-6425 From: Bank of America, N.A. C/O Merrill Lynch, Pierce, Fenner & Smith Incorporated One Bryant Park New York, NY 10036 Attn: Peter G. Tucker Telephone: 646-855-5821 Facsimile: 646-822-5633 Re: Base Capped Call Transaction (Transaction Reference Number: 138472794) (October 11th, 2013)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Bank of America, N.A. (Dealer) and BioMarin Pharmaceutical Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

October 9, 2013 To: BioMarin Pharmaceutical Inc. 105 Digital Drive Novato, CA 94949 Attn: General Counsel Telephone: 415-506-6700 Facsimile: 415-506-6425 From: Barclays Bank PLC 5 the North Colonnade Canary Wharf, London E14 4BB Facsimile: +44(20)77736461 Telephone: +44 (20) 777 36810 C/O Barclays Capital Inc. As Agent for Barclays Bank PLC 745 Seventh Ave New York, NY 10019 Telephone: +1 212 412 4000 Re: Additional Capped Call Transaction (October 11th, 2013)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Barclays Bank PLC (Dealer) through its agent Barclays Capital Inc. (the Agent), and BioMarin Pharmaceutical Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below. Barclays Bank PLC is not a member of the Securities Investor Protection Corporation (SIPC). Barclays is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.

October 9, 2013 To: BioMarin Pharmaceutical Inc. 105 Digital Drive Novato, CA 94949 Attn: General Counsel Telephone: 415-506-6700 Facsimile: 415-506-6425 From: Morgan Stanley & Co. LLC 1585 Broadway, 5th Floor New York, NY 10036 Re: Additional Capped Call Transaction (October 11th, 2013)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Morgan Stanley & Co. LLC (Dealer) and BioMarin Pharmaceutical Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.

October 8, 2013 To: BioMarin Pharmaceutical Inc. 105 Digital Drive Novato, CA 94949 Attn: General Counsel Telephone: 415-506-6700 Facsimile: 415-506-6425 From: Morgan Stanley & Co. LLC 1585 Broadway, 5th Floor New York, NY 10036 Re: Base Capped Call Transaction (October 11th, 2013)

The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the Transaction) between Morgan Stanley & Co. LLC (Dealer) and BioMarin Pharmaceutical Inc. (Counterparty). This communication constitutes a Confirmation as referred to in the ISDA Master Agreement specified below.