General Provisions Relating to Extraordinary Events - Equity Derivatives Provision

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Section 12.1. General Provisions Relating to Extraordinary Events

12.1(a). “Extraordinary Event”

12.1(b). “Merger Event”

12.1(c). “Merger Date”

12.1(d). “Tender Offer”

12.1(e). “Tender Offer Date”

12.1(f). “Share-for-Share”

12.1(g). “Share-for-Other”

12.1(h). “Share-for-Combined”

12.1(i). “New Shares”

12.1(j). “Other Consideration”

12.1(k). “Combined Consideration”

12.1(l). “Announcement Date”

12.1(m). “Implied Volatility”

12.1(n). “Affected Shares”

All hail the Determining Party

Note that where an Extraordinary Event occurs, the Determining Party, rather than the Calculation Agent, may be the person called on to calculate a Cancellation Amount. (This is relevant especially where the Calculation Agent is not the Hedging Party, as the hedging party will have definite ideas about how to value cancellation vis a vis its own hedge). Template:Eqderivanatomy