Common use of Right to Extend Clause in Contracts

Right to Extend. Dealer may postpone or add, in whole or in part, any Valid Day or Valid Days during the Settlement Averaging Period or any other date of valuation, payment or delivery by Dealer, with respect to some or all of the Options hereunder, if Dealer reasonably determines, in its commercially reasonable judgment (in the case of clause (i) below) or based on the advice of counsel (in the case of clause (ii) below), that such action is reasonably necessary or appropriate (i) to preserve Dealer’s commercially reasonable hedging or hedge unwind activity hereunder in light of existing liquidity conditions (but only if there is a material decrease in liquidity relative to Dealer’s expectations on the Trade Date) or (ii) to enable Dealer to effect transactions with respect to Shares in connection with its commercially reasonable hedging, hedge unwind or settlement activity hereunder in a manner that would, if Dealer were Counterparty or an affiliated purchaser of Counterparty, be in compliance with applicable legal, regulatory or self-regulatory requirements, or with related policies and procedures applicable to Dealer; provided that such policies and procedures have been adopted by Dealer in good faith and are generally applicable in similar situations and applied in a non-discriminatory manner; provided further that no such date of valuation, payment or delivery may be postponed or added more than 40 “VWAP Trading Days” (as defined in the Indenture) after the original date of valuation, payment or delivery, as the case may be.

Right to Extend. Dealer The Calculation Agent may postpone or add, in whole or in part, any Valid Day or Valid Days during the Settlement Averaging Period or any other date of valuation, payment or delivery by Dealer, with respect to some or all of the Options hereunderhereunder (in which event the Calculation Agent shall make appropriate adjustments to the Transaction), if Dealer reasonably determines, in its commercially reasonable judgment (in the case of clause (i) below) or discretion based on the advice of counsel (in the case of clause (ii) below)counsel, that such action is reasonably necessary or appropriate (i) to preserve Dealer’s commercially reasonable hedging or hedge unwind activity hereunder in light of existing liquidity conditions (but only if there liquidity as of the relevant time is a material decrease in less than the Calculation Agent’s commercially reasonable expectations of liquidity relative to Dealer’s expectations on at such time as of the Trade Date) or (ii) to enable Dealer a dealer to effect transactions with respect to Shares or Share Termination Delivery Units in connection with its commercially reasonable hedging, hedge unwind or settlement activity hereunder in a manner that would, if Dealer such dealer were Counterparty or an affiliated purchaser of Counterparty, be in compliance with applicable legal, regulatory or self-regulatory requirements, or with related policies and procedures applicable to Dealer; provided that such policies and procedures have been adopted by Dealer in good faith and are generally applicable in similar situations and applied in a non-discriminatory manner; provided further that no such Valid Day or other date of valuation, payment or delivery may be postponed or added more than 40 “VWAP Trading Days” (as defined in the Indenture) 100 Valid Days after the original Valid Day or other date of valuation, payment or delivery, as the case may be.

Right to Extend. Dealer The Calculation Agent may postpone or add, in whole or in part, any Valid Day or Valid Days during the Settlement Averaging Period Expiration Date or any other date of valuation, payment valuation or delivery by Dealer, with respect to some or all of the Options hereunder, relevant Warrants (in which event the Calculation Agent shall make appropriate adjustments to the Daily Number of Warrants with respect to one or more Expiration Dates) if Dealer reasonably determines, in its commercially reasonable judgment (in the case of clause (i) below) or judgment, based on the advice of counsel (in the case of clause (ii) below)counsel, that such action extension is reasonably necessary or appropriate (i) to preserve Dealer’s commercially reasonable hedging or hedge unwind activity hereunder in light of existing liquidity conditions (but only if there liquidity as of the relevant time is a material decrease in less than the Calculation Agent’s commercially reasonable expectations of liquidity relative to Dealer’s expectations on at such time as of the Trade Date) or (ii) to enable Dealer to effect transactions with respect to purchases of Shares in connection with its commercially reasonable hedging, hedge unwind or settlement activity hereunder in a manner that would, if Dealer were Counterparty Issuer or an affiliated purchaser of CounterpartyIssuer, be in compliance with applicable legal, regulatory or self-regulatory requirements, or with related policies and procedures applicable to Dealer; provided that such policies and procedures have been adopted by Dealer in good faith and are generally applicable in similar situations and applied in a non-discriminatory manner; provided further that no such Expiration Date or other date of valuation, payment valuation or delivery may be postponed or added more than 40 “VWAP 220 Scheduled Trading Days” (as defined in the Indenture) Days after the original Expiration Date or other date of valuation, payment valuation or delivery, as the case may be.

Right to Extend. Dealer The Calculation Agent may postpone or add, in a commercially reasonable manner, in whole or in part, any Valid Day or Valid Days during the Settlement Averaging Period Expiration Date or any other date of valuation, payment valuation or delivery by Dealer, with respect to some or all of the Options hereunder, relevant Warrants (in which event the Calculation Agent shall make appropriate adjustments to the Daily Number of Warrants with respect to one or more Expiration Dates) if Dealer reasonably determines, in its commercially reasonable judgment (in the case of clause (i) below) or based on the advice of counsel (in the case of clause (ii) below)judgment, that such action extension is reasonably necessary or appropriate (i) to preserve Dealer’s commercially reasonable hedging or hedge unwind activity hereunder in light of existing liquidity conditions (but only if there liquidity as of the relevant time is a material decrease in less than the Calculation Agent’s commercially reasonable expectations of liquidity relative to Dealer’s expectations on at such time as of the Trade Date) or (ii) to enable Dealer a dealer to effect transactions with respect to Shares in connection with its commercially reasonable hedging, hedge unwind or settlement activity hereunder in a manner that would, if Dealer such dealer were Counterparty Issuer or an affiliated purchaser of CounterpartyIssuer, be in compliance with applicable legal, regulatory or self-regulatory requirements, or with related policies and procedures applicable to Dealer; provided that such policies and procedures have been adopted by Dealer in good faith and are generally applicable in similar situations and applied in a non-discriminatory manner; provided further that no such Expiration Date or other date of valuation, payment or delivery may be postponed or added more than 40 “VWAP 80 Scheduled Trading Days” (as defined in the Indenture) Days after the original Expiration Date or other date of valuation, payment or delivery, as the case may be.

Right to Extend. Dealer The Calculation Agent may postpone or add, in whole or in part, any Valid Day or Valid Days during the Settlement Averaging Period or any other date of valuation, payment or delivery by Dealer, with respect to some or all of the Options hereunder, if Dealer reasonably determines, in its commercially reasonable judgment (in the case of clause (i) below) or based on the advice of counsel (), in its discretion or, in the case of clause (ii) below), based on advice of counsel, that such action is reasonably necessary or appropriate (i) to preserve Dealer’s commercially reasonable hedging or hedge unwind activity hereunder in light of existing liquidity conditions (but only if there liquidity as of the relevant time is a material decrease in less than the Calculation Agent’s commercially reasonable expectations of liquidity relative to Dealer’s expectations on at such time as of the Trade Date) or (ii) to enable Dealer a dealer to effect transactions with respect to purchases of Shares in connection with its commercially reasonable hedging, hedge unwind or settlement activity hereunder in a manner that would, if Dealer such dealer were Counterparty or an affiliated purchaser of Counterparty, be in compliance with applicable legal, regulatory or self-regulatory requirements, or with related policies and procedures applicable to Dealer; provided that such policies and procedures have been adopted by Dealer in good faith and are generally applicable in similar situations and applied in a non-discriminatory manner; provided further that no such Valid Day or other date of valuation, payment or delivery may be postponed or added more than 40 “VWAP Trading Days” (as defined in the Indenture) 30 Valid Days after the original Valid Day or other date of valuation, payment or delivery, as the case may be.

Right to Extend. Dealer may postpone or add, in whole or in part, any Valid Day or Valid Days during the Settlement Averaging Period or any other date of valuation, payment or delivery by Dealer, with respect to some or all of the Options hereunder, if Dealer reasonably determines, in its commercially reasonable judgment (in the case of clause (i) below) or based on the advice of counsel (in the case of clause (ii) below), that such action is reasonably necessary or appropriate (i) to preserve Dealer’s commercially reasonable hedging or hedge unwind activity hereunder in light of existing liquidity conditions (but only if there is a material decrease in liquidity relative to Dealer’s expectations on the Trade Date) or (ii) to enable Dealer to effect transactions with respect to Shares in connection with its commercially reasonable hedging, hedge unwind or settlement activity hereunder in a manner that would, if Dealer were Counterparty or an affiliated purchaser of Counterparty, be in compliance with applicable legal, regulatory or self-regulatory requirements, or with related policies and procedures applicable to Dealer; provided that such policies and procedures have been adopted by Dealer in good faith and are generally applicable in similar situations and applied in a non-discriminatory manner; provided further that no such date of valuation, payment or delivery may be postponed or added more than 40 “VWAP Trading Days” (as defined in the Indenture) 50 Valid Days after the original date of valuation, payment or delivery, as the case may be.

Right to Extend. Dealer The Calculation Agent may postpone or add, in whole or in part, any Valid Day or Valid Days during the Settlement Averaging Period or any other date of valuation, payment or delivery by Dealer, with respect to some or all of the Options hereunder, if Dealer reasonably determines, in its commercially reasonable judgment (in the case of clause (i) below) or based on the advice of counsel (), in its discretion or, in the case of clause (ii) below), based on advice of counsel, that such action is reasonably necessary or appropriate (i) to preserve Dealer’s commercially reasonable hedging or hedge unwind activity hereunder in light of existing liquidity conditions (but only if there liquidity as of the relevant time is a material decrease in less than the Calculation Agent’s commercially reasonable expectations of liquidity relative to Dealer’s expectations on at such time as of the Trade Date) or (ii) to enable Dealer a dealer to effect transactions with respect to purchases of Shares in connection with its commercially reasonable hedging, hedge unwind or settlement activity hereunder in a manner that would, if Dealer such dealer were Counterparty or an affiliated purchaser of Counterparty, be in compliance with applicable legal, regulatory or self-regulatory requirements, or with related policies and procedures applicable to Dealer; provided that such policies and procedures have been adopted by Dealer in good faith and are generally applicable in similar situations and applied in a non-discriminatory manner; provided further that no such Valid Day or other date of valuation, payment or delivery may be postponed or added more than 40 “VWAP Trading Days” (as defined in the Indenture) 20 Valid Days after the original Valid Day or other date of valuation, payment or delivery, as the case may be.

Right to Extend. Dealer The Calculation Agent may postpone or add, in whole or in part, any Valid Day or Valid Days during the Settlement Averaging Period or any other date of valuation, payment or delivery by Dealer, with respect to some or all of the Options hereunder, if Dealer reasonably determines, in its commercially reasonable judgment (in the case of clause (i) below) or discretion, based on the advice of counsel (counsel, in the case of clause (ii) below), that such action is reasonably necessary or appropriate (i) to preserve Dealer’s commercially reasonable hedging or hedge unwind activity hereunder in light of existing liquidity conditions (but only if there liquidity as of the relevant time is a material decrease in less than the Calculation Agent’s commercially reasonable expectations of liquidity relative to Dealer’s expectations on at such time as of the Trade Date) or (ii) to enable Dealer a dealer to effect transactions with respect to purchases of Shares in connection with its commercially reasonable hedging, hedge unwind or settlement activity hereunder in a manner that would, if Dealer such dealer were Counterparty or an affiliated purchaser of Counterparty, be in compliance with applicable legal, regulatory or self-regulatory requirements, or with related policies and procedures applicable to Dealer; provided that such policies and procedures have been adopted by Dealer in good faith and are generally applicable in similar situations and applied in a non-discriminatory manner; provided further that no such Valid Day or other date of valuation, payment or delivery may be postponed or added more than 40 “VWAP Trading Days” (as defined in the Indenture) Valid Days after the original Valid Day or other date of valuation, payment or delivery, as the case may be.

Right to Extend. Dealer The Calculation Agent may postpone or add, in a commercially reasonable manner, in whole or in part, any Valid Day or Valid Days during the Settlement Averaging Period Expiration Date or any other date of valuation, payment valuation or delivery by Dealer, with respect to some or all of the Options hereunder, relevant Warrants (in which event the Calculation Agent shall make appropriate adjustments to the Daily Number of Warrants with respect to one or more Expiration Dates) if Dealer reasonably determines, in its commercially reasonable judgment (in the case of clause (i) below) or based on the advice of counsel (in the case of clause (ii) below)judgment, that such action extension is reasonably necessary or appropriate (i) to preserve Dealer’s commercially reasonable hedging or hedge unwind activity hereunder in light of existing liquidity conditions (but only if there liquidity as of the relevant time is a material decrease in less than the Calculation Agent’s commercially reasonable expectations of liquidity relative to Dealer’s expectations on at such time as of the Trade Date) or (ii) based on advice of counsel, to enable Dealer a dealer to effect transactions with respect to Shares in connection with its commercially reasonable hedging, hedge unwind or settlement activity hereunder in a manner that would, if Dealer such dealer were Counterparty Issuer or an affiliated purchaser of CounterpartyIssuer, be in compliance with applicable legal, regulatory or self-regulatory requirements, or with related policies and procedures applicable to Dealer; provided that such policies and procedures have been adopted by Dealer in good faith and are generally applicable in similar situations and applied in a non-discriminatory manner; provided further that no such Expiration Date or other date of valuation, payment or delivery may be postponed or added more than 40 “VWAP 120 Scheduled Trading Days” (as defined in the Indenture) Days after the original Expiration Date or other date of valuation, payment or delivery, as the case may be.