Additional Representations of Party B. For the purpose of Section 3 of the Agreement, Party B hereby further represents and warrants to Party A (which representations will be deemed to be repeated by Party B at all times until the termination of this Agreement and any Transactions) that:
Additional Representations of Party B. Party B hereby acknowledges and agrees that (i) with respect to this Agreement and each Transaction, Party B will maintain, and be in full compliance with, all operative and constituent documents and investments policies, procedures, restrictions and guidelines of Party B, and (ii) each Transaction will also comply in all respects with all applicable laws, rules, regulations, interpretations, guidelines, procedures, and policies of applicable governmental and regulatory authorities affecting Party B, this Agreement, the Transactions, or the performance of obligations hereunder.
Additional Representations of Party B. Party B represents to Party A on and as of the date hereof and at all times until the termination of this Agreement that:
Additional Representations of Party B. For the purpose of Section 3 of the Agreement, Party B further represents and warrants to Party A (which representations will be deemed repeated by Party B on each date on which a Transaction is entered into) that: This Agreement and each Transaction hereunder are not prohibited investments under Party B’s Confidential Offering Memorandum.
Additional Representations of Party B. Party B acknowledges that Party A will hedge its exposure under this Transaction by purchasing the Number of Shares in the open market in a commercially reasonable manner. In connection therewith, Party B hereby represents and warrants to Party A as follows:
Additional Representations of Party B. Party B represents and warrants to Party A that (i) this Agreement constitutes a Hedge Agreement (as defined in the Credit Agreement) and (ii) Party B's obligations hereunder are secured by the Credit Agreement..
Additional Representations of Party B. For the purpose of Section 3 of the Agreement, Party B further represents and warrants to Party A (which representations will be deemed repeated by Party B at all times until the termination of this Agreement and any Transactions) that this Agreement and the Credit Support Documents are in proper legal form for the enforcement thereof in Argentina against Party B and Party B's Credit Support Provider (to the extent each is a party thereto); provided that in the event any legal proceedings are brought in the courts of Argentina, a Spanish translation of the documents required in such proceedings, including this Agreement, prepared by a court-approved translator would have to be approved by the court after the defendant had been given an opportunity to be heard with respect to the accuracy of the translation, and the proceedings would thereafter be based on the translated documents. In the event of any foreign exchange restriction or prohibition in Argentina, any and all payments due under this Agreement or under any Transaction by the party subject to such restrictions shall nevertheless be made in U.S. Dollars. The party subject to such restrictions shall obtain U.S. Dollars through (i) the sale of Bonos Externos de la Republica Argentina or of any other public or private bond issued in Argentina, or (ii) failing (i), any other mechanism for the acquisition of U.S. Dollars in any exchange market. Any costs and expenses incurred in effecting such sale or acquisition shall be borne by the party subject to any such restrictions.]
Additional Representations of Party B. (a) Party B represents to Party A that it is an “eligible contract participant” within the meaning of Section 1a(18) of the Commodity Exchange Act. Party B represents to Party A that it is (1) a governmental entity (including the United States, a State, or a foreign government), or political subdivision of a governmental entity, or (2) an instrumentality, agency, or department of an entity described in clause (1), and, in either case (1) or (2), it owns and invests on a discretionary basis $50,000,000 or more in investments, or otherwise satisfies the requirements of Section 1a(18)(A)(vii)(III) of the Commodity Exchange Act, as amended.
Additional Representations of Party B. Party B represents and warrants and shall be deemed to represent and warrant to Party A at all times until the termination of this Agreement that:
Additional Representations of Party B. To the extent applicable to the actions of party B in its capacity as agent for the Holders of the Senior Certificates hereunder Party B hereby acknowledges and agrees that (i) with respect to this Agreement and each Transaction, Party B will maintain, and be in full compliance with, all operative and constituent documents and investments policies, procedures, restrictions and guidelines of Party B, and (ii) each Transaction will also comply in all respects with all applicable laws, rules, regulations, interpretations, guidelines, procedures, and policies of applicable governmental and regulatory authorities affecting Party B, this Agreement, the Transactions, or the performance of obligations hereunder.
