12.8(b) - Equity Derivatives Provision

12.8(b) Any Cancellation Amount will be determined by the Determining Party (or its agent),
which will act in good faith and use commercially reasonable procedures in order to produce a
commercially reasonable result. Each Cancellation Amount will be determined as of the date that the
Transaction terminated or cancelled or, if that would not be commercially reasonable, as of the date or
dates following the date that the Transaction terminated or cancelled as would be commercially
reasonable.