Examples of Supplemental Confirmation in a sentence
Initial Forward Price: For each Transaction, as specified in the Supplemental Confirmation for such Transaction, to be the product of (i) an amount equal to 1 minus the Forward Hedge Selling Commission Rate (as defined in the Equity Distribution Agreement) applicable to such Transaction; and (ii) the Volume-Weighted Hedge Price, subject to adjustment, including without limitation for any Forward Price Reduction Amount corresponding to any Forward Price Reduction Date occurring prior to the Effective Date.
Counterparty also agrees that no Indemnified Party shall have any liability to Counterparty or any person asserting claims on behalf of or in right of Counterparty in connection with or as a result of any matter referred to in this Master Confirmation and any Supplemental Confirmation except to the extent that any losses, claims, damages, liabilities or expenses incurred by Counterparty result from the gross negligence, willful misconduct or bad faith of the Indemnified Party.
The provisions of this Section 10 shall survive any termination or completion of the Transactions contemplated by this Master Confirmation and any Supplemental Confirmation and any assignment and/or delegation of the Transactions made pursuant to the Agreement, this Master Confirmation or any Supplemental Confirmation shall inure to the benefit of any permitted assignee of Dealer.
Dealer’s Contact Details for Purpose of Giving Notice: As specified in the Supplemental Confirmation for such Transaction.
Maximum Stock Loan Rate: For each Transaction, as specified in the Supplemental Confirmation for such Transaction.
Spread: For each Transaction, as specified in the Supplemental Confirmation for such Transaction.
For the avoidance of doubt, nothing in this Master Confirmation or any Supplemental Confirmation shall be interpreted as requiring Counterparty to deliver cash or other assets in respect of the settlement of the Transactions, except in circumstances where the required cash or other asset settlement thereof is permitted for classification of the contract as equity by ASC 815-40, Derivatives and Hedging – Contracts in Entity’s Own Equity, as in effect on the date hereof.
Notwithstanding anything to the contrary in the Agreement, the Agreement, this Master Confirmation, any Supplemental Confirmation and all matters arising in connection with the Agreement this Master Confirmation and any Supplemental Confirmation shall be governed by, and construed and enforced in accordance with, the laws of the State of New York (without reference to its choice of laws doctrine other than Title 14 of Article 5 of the New York General Obligations Law).
Initial Stock Loan Rate: For each Transaction, as specified in the Supplemental Confirmation for such Transaction.
Counterparty Payment/Delivery Instructions: To be provided by Counterparty Dealer Payment/Delivery Instructions: To be provided by Dealer The Office of Counterparty for the Transaction is: Inapplicable, Counterparty is not a Multibranch Party The Office of Dealer for the Transaction is: [New York][Toronto][Charlotte][Cleveland][*] Counterparty’s Contact Details for Purpose of Giving Notice: As specified in the Supplemental Confirmation for such Transaction.