2. If I am no longer employed by the Company or its subsidiaries, whether my termination is
voluntary, involuntary or for any other reason, as of the completion of the Offer, I will not be able to participate in the Offer or receive the Total Payment. Even if I had elected to participate in the Offer, my tender will automatically be deemed
withdrawn and I will not participate in the Offer, and my restricted share units will no longer qualify as Eligible RSUs and their current terms, including those applicable to the termination of my employment, will remain in effect unchanged. As a
result, my prior election to tender such restricted share units, if any, would not be effective. Notwithstanding the foregoing, the Company shall have exclusive discretion to determine when my termination of employment has occurred for purposes of
determining whether or not I am eligible to participate in the Offer.
3. Until the Expiration Time, I will have the right to withdraw or
change the election that I have made with respect to my Eligible RSUs. HOWEVER, AFTER THAT TIME I WILL HAVE NO ABILITY TO CHANGE MY ELECTION. The last properly submitted election received by the Company prior to the Expiration Time shall be binding.
Until the Offer period closes at the Expiration Time, I may withdraw my tendered Eligible RSUs at any time.
4. The tender of my Eligible
RSUs will constitute my acceptance of all of the terms and conditions of the Offer. Acceptance by the Company of my Eligible RSUs pursuant to the Offer will constitute a binding agreement between the Company and me upon the terms and subject to the
conditions of the Offer.
5. I am the holder of the Eligible RSUs tendered hereby, and my name and other information appearing on the
election are true and correct.
6. It is not mandatory for me to tender my Eligible RSUs pursuant to the Offer.
7. THE COMPANY AND/OR ANY INDEPENDENT FIRMS HIRED WITH RESPECT TO THE OFFER CANNOT GIVE ME LEGAL, TAX OR INVESTMENT ADVICE WITH RESPECT TO THE
OFFER AND I HAVE BEEN ADVISED TO CONSULT WITH MY PERSONAL LEGAL COUNSEL, ACCOUNTANT, FINANCIAL, AND TAX ADVISORS AS TO THE CONSEQUENCES OF PARTICIPATING OR NOT PARTICIPATING IN THE OFFER.
8. Under certain circumstances set forth in the Offer to Purchase, the Company may terminate or amend the Offer and postpone its acceptance of
the Eligible RSUs I have elected to tender. If the Eligible RSUs I tendered are not accepted, such Eligible RSUs will continue to be governed by their existing terms and conditions.
9. I understand that no claim or entitlement to compensation or damages shall arise from forfeiture of the right to participate in the Offer
resulting from termination of my employment with the Company or any of its subsidiaries prior to the Expiration Time (for any reason whatsoever and whether or not in breach of local labor laws), and I irrevocably release the Company and its
subsidiaries from any such claim that may arise; if, notwithstanding the foregoing, any such claim is found by a court of competent jurisdiction to have arisen, I shall be deemed irrevocably to have waived my entitlement to pursue such claim.
10. Regardless of any action that the Company or its subsidiaries or group companies takes with respect to any or all income tax, social
insurance, payroll tax, fringe benefits, payment on account or other tax-related withholding related to the Offer and the Total Payment (Tax-Related Items),
I understand that the ultimate liability for all Tax-Related Items is and remains my sole responsibility and may exceed the amount actually withheld by the Company or its subsidiaries or group companies, if
any. I further acknowledge that the Company and/or its subsidiaries and/or group companies (i) make no representations or undertakings regarding the treatment of any Tax-Related Items in connection with
any aspects of the Offer including, but not limited to, the tender of the Eligible RSUs and the receipt of the Total Payment; and (ii) do not commit to and are under no obligation to structure the terms of the Offer to reduce or eliminate my
liability for Tax-Related Items or achieve any particular tax result. Further, if I have become subject to tax in more than one jurisdiction between the date of the payment of the Total Payment and the date of
any relevant taxable or tax withholding event, as applicable, I acknowledge that the Company and/or any of its subsidiaries and/or group companies may be required to withhold or account for Tax-Related Items
in more than one jurisdiction. In that regard, I authorize the Company and/or any of its subsidiaries and/or group companies to withhold all Tax-Related Items legally payable by me pursuant to Offer.
11. I understand and agree that the Company or its subsidiaries or group companies may collect, store, use, transfer, and process certain
personal information about me for the purposes of implementing, administering and managing my participation in the Offer and applicable plan, including my name, home address, telephone number, date of birth, Social Security or other identification
number, salary, nationality, job title, any shares of or directorships held in the Company or any of its subsidiaries or group companies, details of all options or any other entitlement to the Company shares awarded, canceled, exercised, vested,
unvested or outstanding in my favor