Derivatives; Etc. Except as set forth in Section 3.25 of the Disclosure Schedule, none of the Pershing Companies has entered into any off balance sheet items, swaps, caps, floors, option agreements, futures and forward contracts or other similar arrangements for its own account and any such off balance sheet items, swaps, caps, floors, option agreements, futures and forward contracts and other similar arrangements entered into for the account of any customer of any Pershing Company have been entered into in accordance with all applicable laws, rules, regulations and regulatory policies and, to the extent required by U.S. GAAP, have been disclosed in the Financial Statements.
Derivatives; Etc. All exchange-traded, over-the-counter or other swaps, caps, floors, collars, option agreements, futures and forward contracts and other similar arrangements of contracts (“Derivative Contracts”), whether entered into for the Company’s own account, or for the account of one or more of the Company’s Subsidiaries or their customers, were entered into (i) in accordance with prudent business practices and all applicable laws, rules, regulations, and regulatory policies, and (ii) with counterparties reasonably believed to be financially responsible at the time, and each of them constitutes the valid and legally binding obligation of the Company of the Company Subsidiaries, enforceable in accordance with its terms (except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer and similar laws of general applicability relating to or affecting creditors’ rights or by general equity principles), and are in full force and effect. Neither the Company nor its Subsidiaries, nor, to the best of the Company’s knowledge, any other party thereto, is in breach of any of its obligations under any such Derivative Contract. The Company’s Reports filed with the SEC disclose the value of such material agreements and arrangements on a xxxx-to-market basis in accordance with generally accepted accounting principles and, since December 31, 2006, there has not been a material change in such value.
Derivatives; Etc. All exchange-traded, over-the-counter or other swaps, caps, floors, collars, option agreements, futures and forward contracts and other similar arrangements or Contracts, whether entered into for the Acquiror's own account, or for the account of one or more of the Acquiror's Subsidiaries or their customers, were entered into (1) in accordance with prudent business practices and all applicable laws, rules, regulations and regulatory policies and (2) with counter parties reasonably believed to be financially responsible at the time; and each of them constitutes the valid and legally binding obligation of the Acquiror or one of its Subsidiaries, enforceable in accordance with its terms (except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer and similar laws of general applicability relating to or affecting creditors' rights or by general equity principles), and are in full force and effect. Neither the Acquiror nor its Subsidiaries, nor, to the best of the Acquiror's knowledge, any other party thereto, is in breach of any of its obligations under any such agreement or arrangement. The Acquiror's SEC Documents disclose the value of such agreements and arrangements on a xxxx-to-market basis in accordance with generally accepted accounting principles and, since December 31, 1999, there has not been a material change in such value.
Derivatives; Etc. All exchange-traded, over-the-counter or other swaps, caps, floors, collars, option agreements, futures and forward contracts and other similar arrangements or Contracts, whether entered into for the Company's own account, or for the account of one or more of the Company's Subsidiaries or their customers, were entered into (1) in accordance with prudent business practices and all applicable laws, rules, regulations and regulatory policies and (2) with counter parties reasonably believed to be financially responsible at the time; and each of them constitutes the valid and legally binding obligation of the Company or one of its Subsidiaries, enforceable in accordance with its terms (except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer and similar laws of general applicability relating to or affecting creditors' rights or by general equity principles), and are in full force and effect. Neither the Company nor its Subsidiaries, nor, to the best of the Company's knowledge, any other party thereto, is in breach of any of its obligations under any such agreement or arrangement. The Company's SEC Documents disclose the value of such agreements and arrangements on a mark-xx-market basis in accordance with generally accepted accounting principles and, since December 31, 1999, there has not been a material change in such value.
Derivatives; Etc. All exchange-traded, over-the-counter or other swaps, caps, floors, collars, option agreements, futures and forward contracts and other similar arrangements or Contracts (collectively," DERIVATIVES CONTRACTS"), whether entered into for IJL's own account, or for the account of one or more of IJL's Subsidiaries or their customers, were entered into (i) in accordance with prudent business practices and all applicable laws, rules, regulations and regulatory policies and (ii) with counterparties reasonably believed to be financially responsible at the time; and each of them constitutes the valid and legally binding obligation of IJL or one of its Subsidiaries, enforceable in accordance with its terms (except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer and similar laws of general applicability relating to or affecting creditors' rights or by general equity principles), and are in full force and effect. Neither IJL nor its Subsidiaries, nor, to the best of IJL's knowledge, any other party thereto, is in breach of any of its obligations under any such agreement or arrangement. IJL's SEC Documents disclose the value of such agreements and arrangements on a xxxx-to-market basis in accordance with generally accepted accounting principles.
Derivatives; Etc. Each of the Sellers hereby represents and warrants ----------------- that:
Derivatives; Etc. The Company and the Subsidiaries may from time to time enter into exchange- traded options, futures and forward contracts and other similar arrangements or Contracts (collectively, the "Derivatives Contracts"), whether entered into for the Company's own account, or for the account of one or more of its customers or of any Subsidiary or its customers. Except as set forth in Schedule 3.21, to the knowledge of the Company, all the Derivatives Contracts were entered into in material compliance with all applicable Laws and with counterparties reasonably believed to be financially responsible at the time; and each of them constitutes the valid and legally binding obligation of the Company or the Subsidiary, as the case may be, enforceable against the Company or the Subsidiary, as the case may be, in accordance with its terms. Neither the Company nor any Subsidiary is in material breach of any of its obligations under any such agreement or arrangement, and to the knowledge of the Company, no counterparty to any such agreement or arrangement is in material breach of any of its obligations thereunder.
Derivatives; Etc. All exchange-traded, over-the-counter or other swaps, caps, floors, collars, option agreements, futures and forward contracts and other similar arrangements or Contracts, whether entered into for the Company's own account, or for the account of one or more of its customers, were entered into (1) in accordance with prudent business practices and all applicable laws, rules, regulations and regulatory policies and (2) with counter parties reasonably believed to be financially responsible at the time; and each of them constitutes the valid and legally binding obligation of the Company, enforceable in accordance with its terms (except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer and similar laws of general applicability relating to or affecting creditors' rights or by general equity principles), and are in full force and effect. The Company, nor, to the best of the Company's knowledge, any other party thereto, is in breach of any of its obligations under any such agreement or arrangement. The Financial Statements disclose the value of such agreements and arrangements on a mark-xx-market basis in accordance with generally accepted accounting principles and, since March 31, 2000, there has not been a material change in such value.
Derivatives; Etc. All exchange-traded, over-the- counter or other swaps, caps, floors, collars, option agreements, futures and forward contracts and other similar arrangements or contracts, whether entered into for Berthel's own xxxxxxx, or for the account of one or more Berthel Subsidxxxxxx or their customers, were entered into (a) in accordance with prudent business practices and all applicable laws, rules, regulations and regulatory policies and (b) with counter parties reasonably believed to be financially responsible at the time; and each of them constitutes the valid and legally binding obligation of Berthel or a Bexxxxx Subsidxxxx, enforceable in accordance with its terms (except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer and similar laws of general applicability relating to or affecting creditors' rights or by general equity principles), and are in full force and effect. Neither Berthel nor any Xxxxxxl Subsidixxx xxx, to the best of Berthel's knowlxxxx, xxy other party thereto, is in breach of any of its obligations under such agreement or arrangement. The Berthel Financxxxx xisclose the value of such agreements and arrangements on a mark-to-market xxxis in accordance with US GAAP and, since June 30, 2000, there has not been a material change in such value.
