Template:2002 ISDA Equity Derivatives Definitions 12.9(b)(v)
12.9(b)(v) If "Increased Cost of Stock Borrow" is specified in the related Confirmation to
be applicable to a Transaction, then upon the occurrence of such an event the Hedging Party will
give prompt notice to the Non-Hedging Party that an Increased Cost of Stock Borrow has
occurred and that a Price Adjustment will be made to the Transaction. The Non-Hedging Party
shall, within two Scheduled Trading Days of receipt of the notice of Increased Cost of Stock
Borrow and corresponding Price Adjustment, notify the Hedging Party that it elects to (A) agree
to amend the relevant Transaction to take into account the Price Adjustment, (B) pay the
Hedging Party an amount determined by the Calculation Agent that corresponds to the Price
Adjustment or (C) terminate the Transaction as of that second Scheduled Trading Day. If such
notice is not given by the end of that second Scheduled Trading Day, then the Hedging Party may
give notice that it elects to terminate the Transaction, specifying the date of such termination,
which may be the same day that the notice of termination is effective. If either party elects to
terminate the Transaction, the Determining Party will determine the Cancellation Amount
payable by one party to the other. Within this period, the Non-Hedging Party may, in order to
avoid a Price Adjustment or termination with respect to the Transaction, (X) lend the Hedging
Party, subject to the conditions below, Shares in an amount equal to the Hedging Shares at a rate
equal to or less than the Initial Stock Loan Rate or (Y) refer the Hedging Party to a Lending Party
that lends the Hedging Party Shares in an amount equal to the Hedging Shares at a rate equal to
or less than the Initial Stock Loan Rate.