Common use of Agreements and Acknowledgements Regarding Hedging Clause in Contracts

Agreements and Acknowledgements Regarding Hedging. Counterparty acknowledges and agrees that: (a) on or following the date hereof, Dealer and its Affiliates may buy or sell Shares or other securities or buy or sell options or futures contracts or enter into swaps or other derivative securities in order to adjust its hedge position with respect to this Termination Agreement; (b) Dealer and its Affiliates also may be active in the market for Shares other than in connection with hedging activities in relation to this Termination Agreement; (c) Dealer shall make its own determination as to whether, when or in what manner any hedging or market activities in Counterparty's securities shall be conducted and shall do so in a manner that it deems appropriate to hedge its price and market risk; and (d) any market activities of Dealer and its Affiliates with respect to Shares may affect the market price and volatility of Shares each in a manner that may be adverse to Counterparty.

Agreements and Acknowledgements Regarding Hedging. Counterparty acknowledges and agrees that: (a) on or following the date hereof, Dealer and its Affiliates may buy or sell Shares or other securities or buy or sell options or futures contracts or enter into swaps or other derivative securities in order to adjust its hedge position with respect to this Termination Agreement; (b) Dealer and its Affiliates also may be active in the market for Shares other than in connection with hedging activities in relation to this Termination Agreement; (c) Dealer shall make its own determination as to whether, when or in what manner any hedging or market activities in Counterparty's ’s securities shall be conducted and shall do so in a manner that it deems appropriate to hedge its price and market risk; and (d) any market activities of Dealer and its Affiliates with respect to Shares may affect the market price and volatility of Shares each in a manner that may be adverse to Counterparty.. [The remainder of page intentionally left blank]