Template:Nutshell Equity Derivatives 12.9(b)(v)

12.9(b)(v) If “Increased Cost of Stock Borrow” applies, the Hedging Party may tell the Non-Hedging Party that an Increased Cost of Stock Borrow has happened and that it will make a Price Adjustment to the Transaction.

Within 2 Scheduled Trading Days of that notice the Non-Hedging Party must:

(A) amend the Transaction to make the Price Adjustment,

(B) pay the Hedging Party the Price Adjustment or

(C) terminate the Transaction as of that second Scheduled Trading Day.

Within this period, the Non-Hedging Party may lend or procure a loan to the Hedging Party, of an amount of Shares equal to the Hedging Shares at or less than the Initial Stock Loan Rate subject to the conditions below.

If the Non-Hedging Party doesn't make an election in that period the Hedging Party may terminate the Transaction. If either party terminates the Transaction, the Determining Party will determine the Cancellation Amount.