CONFIRMATION
Exhibit 10.8
CONFIRMATION
Date: | August 12, 2008 | |
To: | RadioShack Corporation (Issuer) | |
Telefax No.: | (817) 415-2638 | |
Attention: | Raymond C. Vines, CPA, CTP | |
Director - Treasury Operations | ||
From: | Bank of America, N.A. (Bank) | |
Telefax No.: | (704) 208-2869 |
The purpose of this communication (this Confirmation) is to set forth the terms and conditions of the above-referenced Transaction entered into on the Trade Date specified below between you and us. This Confirmation supplements, forms a part of, and is subject to the Master Terms and Conditions for Warrants Issued by RadioShack Corporation, between Bank and Issuer, dated as of August 12, 2008 and as amended from time to time (the Master Confirmation).
1. The definitions and provisions contained in the Definitions (as such term is defined in the Master Confirmation) and in the Master Confirmation are incorporated into this Confirmation. In the event of any inconsistency between those definitions and provisions and this Confirmation, this Confirmation will govern.
2. The particular Transaction to which this Confirmation relates shall have the following terms:
Trade Date: | August 12, 2008 | |
Effective Date: | August 13, 2008 | |
Strike Price: | USD36.6000 | |
Premium: | USD13,845,000.00 | |
Premium Payment Date: | August 18, 2008 | |
Final Disruption Date: | March 25, 2014 | |
Maximum Delivery Amount: | Two times the Number of Shares |
For each Component of the Transaction, the Number of Warrants and Expiration Date are as set forth below.
Component Number | Number of Warrants | Expiration Date | ||
1. | 59,570 | November 1, 2013 | ||
2. | 59,570 | November 4, 2013 |
A-1
3. | 59,570 | November 5, 2013 | ||
4. | 59,570 | November 6, 2013 | ||
5. | 59,570 | November 7, 2013 | ||
6. | 59,570 | November 8, 2013 | ||
7. | 59,570 | November 11, 2013 | ||
8. | 59,570 | November 12, 2013 | ||
9. | 59,570 | November 13, 2013 | ||
10. | 59,570 | November 14, 2013 | ||
11. | 59,570 | November 15, 2013 | ||
12. | 59,570 | November 18, 2013 | ||
13. | 59,570 | November 19, 2013 | ||
14. | 59,570 | November 20, 2013 | ||
15. | 59,570 | November 21, 2013 | ||
16. | 59,570 | November 22, 2013 | ||
17. | 59,570 | November 25, 2013 | ||
18. | 59,570 | November 26, 2013 | ||
19. | 59,570 | November 27, 2013 | ||
20. | 59,570 | November 29, 2013 | ||
21. | 59,570 | December 2, 2013 | ||
22. | 59,570 | December 3, 2013 | ||
23. | 59,570 | December 4, 2013 | ||
24. | 59,570 | December 5, 2013 | ||
25. | 59,570 | December 6, 2013 | ||
26. | 59,570 | December 9, 2013 | ||
27. | 59,570 | December 10, 2013 | ||
28. | 59,570 | December 11, 2013 | ||
29. | 59,570 | December 12, 2013 | ||
30. | 59,570 | December 13, 2013 | ||
31. | 59,570 | December 16, 2013 | ||
32. | 59,570 | December 17, 2013 | ||
33. | 59,570 | December 18, 2013 | ||
34. | 59,570 | December 19, 2013 | ||
35. | 59,570 | December 20, 2013 | ||
36. | 59,570 | December 23, 2013 | ||
37. | 59,570 | December 24, 2013 | ||
38. | 59,570 | December 26, 2013 | ||
39. | 59,570 | December 27, 2013 | ||
40. | 59,570 | December 30, 2013 | ||
41. | 59,570 | December 31, 2013 | ||
42. | 59,570 | January 2, 2014 | ||
43. | 59,570 | January 3, 2014 | ||
44. | 59,570 | January 6, 2014 | ||
45. | 59,570 | January 7, 2014 | ||
46. | 59,570 | January 8, 2014 | ||
47. | 59,570 | January 9, 2014 | ||
48. | 59,570 | January 10, 2014 | ||
49. | 59,570 | January 13, 2014 | ||
50. | 59,570 | January 14, 2014 | ||
51. | 59,570 | January 15, 2014 | ||
52. | 59,570 | January 16, 2014 | ||
53. | 59,570 | January 17, 2014 | ||
54. | 59,570 | January 21, 2014 | ||
55. | 59,570 | January 22, 2014 |
A-2
56. | 59,570 | January 23, 2014 | ||
57. | 59,570 | January 24, 2014 | ||
58. | 59,570 | January 27, 2014 | ||
59. | 59,570 | January 28, 2014 | ||
60. | 59,570 | January 29, 2014 | ||
61. | 59,570 | January 30, 2014 | ||
62. | 59,570 | January 31, 2014 | ||
63. | 59,570 | February 3, 2014 | ||
64. | 59,570 | February 4, 2014 | ||
65. | 59,570 | February 5, 2014 | ||
66. | 59,570 | February 6, 2014 | ||
67. | 59,570 | February 7, 2014 | ||
68. | 59,570 | February 10, 2014 | ||
69. | 59,570 | February 11, 2014 | ||
70. | 59,570 | February 12, 2014 | ||
71. | 59,570 | February 13, 2014 | ||
72. | 59,570 | February 14, 2014 | ||
73. | 59,570 | February 18, 2014 | ||
74. | 59,570 | February 19, 2014 | ||
75. | 59,570 | February 20, 2014 | ||
76. | 59,570 | February 21, 2014 | ||
77. | 59,570 | February 24, 2014 | ||
78. | 59,570 | February 25, 2014 | ||
79. | 59,570 | February 26, 2014 | ||
80. | 59,570 | February 27, 2014 | ||
81. | 59,570 | February 28, 2014 | ||
82. | 59,570 | March 3, 2014 | ||
83. | 59,570 | March 4, 2014 | ||
84. | 59,570 | March 5, 2014 | ||
85. | 59,570 | March 6, 2014 | ||
86. | 59,570 | March 7, 2014 | ||
87. | 59,570 | March 10, 2014 | ||
88. | 59,570 | March 11, 2014 | ||
89. | 59,570 | March 12, 2014 | ||
90. | 59,652 | March 13, 2014 |
A-3
Issuer hereby agrees (a) to check this Confirmation carefully and immediately upon receipt so that errors or discrepancies can be promptly identified and rectified and (b) to confirm that the foregoing (in the exact form provided by Bank) correctly sets forth the terms of the agreement between Bank and Issuer with respect to the Transaction, by manually signing this Confirmation or this page hereof as evidence of agreement to such terms and providing the other information requested herein or in the Master Confirmation and immediately returning an executed copy to John Servidio, Facsimile No.  ###-###-####.
Yours sincerely, | ||
BANK OF AMERICA, N.A. | ||
By: | /s/ Christopher A. Hutmaker | |
Name: | Christopher A. Hutmaker | |
Title: | Managing Director |
Confirmed as of the date first above written: | ||
RADIOSHACK CORPORATION | ||
By: | /s/ James Gooch | |
Name: | James Gooch | |
Title: | Chief Financial Officer |