Common use of Own Account Clause in Contracts

Own Account. Banc of America understands that the New VMTP Shares are “restricted securities” and have not been registered under the Securities Act or any applicable state securities laws and Banc of America is acquiring the New VMTP Shares as principal for its own account and not with a view to or for the purpose of distributing or reselling such securities or any part thereof in violation of the Securities Act or any applicable state securities law, has no present intention of distributing any of such New VMTP Shares in violation of the Securities Act or any applicable state securities law and has no direct or indirect arrangement or understandings with any other persons to distribute or regarding the distribution of such New VMTP Shares in violation of the Securities Act or any applicable state securities law (this representation and warranty not limiting Banc of America’s right to register the New VMTP Shares under the Securities Act pursuant to the Registration Rights Agreement or otherwise transfer the New VMTP Shares in compliance with the transfer limitations of this Agreement in compliance with applicable federal and state securities laws).

Own Account. Banc of America The Purchaser understands that the New VMTP Shares are “restricted securities” and have not been registered under the Securities Act or any applicable state securities laws and Banc of America the Purchaser is acquiring the New VMTP Shares as principal for its own account and not with a view to or for the purpose of distributing or reselling such securities or any part thereof in violation of the Securities Act or any applicable state securities law, has no present intention of distributing any of such New VMTP Shares in violation of the Securities Act or any applicable state securities law and has no direct or indirect arrangement or understandings with any other persons to distribute or regarding the distribution of such New VMTP Shares in violation of the Securities Act or any applicable state securities law (this representation and warranty not limiting Banc of Americathe Purchaser’s right to register the New VMTP Shares under the Securities Act pursuant to the Registration Rights Agreement or otherwise transfer the New VMTP Shares in compliance with the transfer limitations of this Agreement in compliance with applicable federal and state securities laws).

Own Account. Banc of America Xxxxx Fargo understands that the New VMTP Shares are “restricted securities” and have not been registered under the Securities Act or any applicable state securities laws and Banc of America Xxxxx Fargo is acquiring the New VMTP Shares as principal for its own account and not with a view to or for the purpose of distributing or reselling such securities or any part thereof in violation of the Securities Act or any applicable state securities law, has no present intention of distributing any of such New VMTP Shares in violation of the Securities Act or any applicable state securities law and has no direct or indirect arrangement or understandings with any other persons to distribute or regarding the distribution of such New VMTP Shares in violation of the Securities Act or any applicable state securities law (this representation and warranty not limiting Banc of AmericaXxxxx Fargo’s right to register the New VMTP Shares under the Securities Act pursuant to the Registration Rights Agreement or otherwise transfer the New VMTP Shares in compliance with the transfer limitations of this Agreement in compliance with applicable federal and state securities laws).

Own Account. Banc of America Each Purchaser understands that the New VMTP Shares are “restricted securities” and have not been registered under the Securities Act or any applicable state securities laws and Banc of America such Purchaser is acquiring the New VMTP Shares as principal for its own account and not with a view to or for the purpose of distributing or reselling such securities or any part thereof in violation of the Securities Act or any applicable state securities law, has no present intention of distributing any of such New VMTP Shares in violation of the Securities Act or any applicable state securities law and has no direct or indirect arrangement or understandings with any other persons to distribute or regarding the distribution of such New VMTP Shares in violation of the Securities Act or any applicable state securities law (this representation and warranty not limiting Banc of Americasuch Purchaser’s right to register the New VMTP Shares under the Securities Act pursuant to the Registration Rights Agreement or otherwise transfer the New VMTP Shares in compliance with the transfer limitations of this Agreement in compliance with applicable federal and state securities laws).

Own Account. Banc of America The Purchaser understands that the New VMTP Shares are “"restricted securities” " and have not been registered under the Securities Act or any applicable state securities laws and Banc of America the Purchaser is acquiring the New VMTP Shares as principal for its own account and not with a view to or for the purpose of distributing or reselling such securities or any part thereof in violation of the Securities Act or any applicable state securities law, has no present intention of distributing any of such New VMTP Shares in violation of the Securities Act or any applicable state securities law and has no direct or indirect arrangement or understandings with any other persons to distribute or regarding the distribution of such New VMTP Shares in violation of the Securities Act or any applicable state securities law (this representation and warranty not limiting Banc of America’s the Purchaser's right to register the New VMTP Shares under the Securities Act pursuant to the Registration Rights Agreement or otherwise transfer the New VMTP Shares in compliance with the transfer limitations of this Agreement in compliance with applicable federal and state securities laws).

Own Account. Banc Each of America the Purchasers understands that the New VMTP Shares are “restricted securities” and have not been registered under the Securities Act or any applicable state securities laws laws, and Banc of America such Purchaser is acquiring the New VMTP Shares as principal for its own account and not with a view to or for the purpose of distributing or reselling such securities or any part thereof in violation of the Securities Act or any applicable state securities law, has no present intention of distributing any of such New VMTP Shares in violation of the Securities Act or any applicable state securities law law, and has no direct or indirect arrangement or understandings with any other persons to distribute or regarding the distribution of such New VMTP Shares in violation of the Securities Act or any applicable state securities law (this representation and warranty not limiting Banc of Americasuch Purchaser’s right to register the New VMTP Shares under the Securities Act pursuant to the Registration Rights Agreement or otherwise transfer the New VMTP Shares in compliance with the transfer limitations of this Agreement in compliance with applicable federal and state securities laws).

Own Account. Banc Each of America the Closing Date Purchasers (i) understands that the New VMTP Shares are “restricted securities” and have not been registered under the Securities Act or any applicable state securities laws and Banc of America (ii) is acquiring the New VMTP Shares as principal for its own account and not with a view to or for the purpose of distributing or reselling such securities or any part thereof in violation of the Securities Act or any applicable state securities law, has no present intention of distributing any of such New VMTP Shares in violation of the Securities Act or any applicable state securities law and has no direct or indirect arrangement or understandings with any other persons to distribute or regarding the distribution of such New VMTP Shares in violation of the Securities Act or any applicable state securities law (this representation and warranty not limiting Banc of AmericaXxxxx Fargo’s right to register the New VMTP Shares under the Securities Act pursuant to the Registration Rights Agreement or otherwise transfer the New VMTP Shares in compliance with the transfer limitations of this Agreement in compliance with applicable federal and state securities laws).

Own Account. Banc of America The Purchaser understands that the New VMTP Shares are “"restricted securities” " and have not been registered under the Securities Act or any applicable state securities laws and Banc of America the Purchaser is acquiring the New VMTP Shares as principal for its own account and not with a view to or for the purpose of distributing or reselling such securities or any part thereof in violation of the Securities Act or any applicable state securities law, has no present intention of distributing any of such New VMTP Shares in violation of the Securities Act or any applicable state securities law and has no direct or indirect arrangement or understandings with any other persons to distribute or regarding the distribution of such New VMTP Shares in violation of the Securities Act or any applicable state securities law (this representation and warranty not limiting Banc of America’s the Purchaser's right to register demand registration of the New VMTP Shares under the Securities Act pursuant to the Registration Rights Agreement or otherwise Agreement). The Purchaser acknowledges that it may only transfer the New VMTP Shares in compliance with the transfer limitations of this Agreement and in compliance with applicable federal and state securities laws).

Own Account. Banc of America The Purchaser understands that the New VMTP Shares are “restricted securities” and have not been registered under the Securities Act or any applicable state securities laws and Banc of America the Purchaser is acquiring the New VMTP Shares as principal for its own account and not with a view to or for the purpose of distributing or reselling such securities or any part thereof in violation of the Securities Act or any applicable state securities law, has no present intention of distributing any of such New VMTP Shares in violation of the Securities Act or any applicable state securities law and has no direct or indirect arrangement or understandings with any other persons to distribute or regarding the distribution of such New VMTP Shares in violation of the Securities Act or any applicable state securities law (this representation and warranty not limiting Banc of Americathe Purchaser’s right to register the New VMTP Shares under the Securities Act pursuant to the Registration Rights Agreement or otherwise transfer the New VMTP Shares in compliance with the transfer limitations of this Agreement and in compliance with applicable federal and state securities laws).

Own Account. Banc of America Each Purchaser understands that the New VMTP Shares are “restricted securities” and have not been registered under the Securities Act or any applicable state securities laws and Banc of America such Purchaser is acquiring the New VMTP Shares as principal for its own account and not with a view to or for the purpose of distributing or reselling such securities or any part thereof in violation of the Securities Act or any applicable state securities law, has no present intention of distributing any of such New VMTP Shares in violation of the Securities Act or any applicable state securities law and has no direct or indirect arrangement or understandings with any other persons to distribute or regarding the distribution of such New VMTP Shares in violation of the Securities Act or any applicable state securities law (this representation and warranty not limiting Banc of Americasuch Purchaser’s right to register the New VMTP Shares under the Securities Act pursuant to the a Registration Rights Agreement or otherwise transfer the New VMTP Shares in compliance with the transfer limitations of this Agreement in compliance with applicable federal and state securities laws).