Common use of Additional Representations of the Trust Clause in Contracts

Additional Representations of the Trust. The Trust represents to the Counterparty as of the date hereof that: (i) With respect to each source of funds to be used by it to enter into such Transactions (each such source being referred to herein as a “source”), the Source is not the assets of any “plan” (as such term is defined in Section 4975 of the Code) subject to Section 4975 of the Code or any “employee benefit plan” (as such term is defined in Section 3(3) of ERISA) subject to Title I of ERISA, or otherwise out of “plan assets” within the meaning of United States Department of Labor regulation Section 2510.3-101. (ii) Each Transaction is intended to be exempt from, or otherwise not subject to regulation under, the Investment Company Act of 1940 and the Trust is exempt from regulation under such Act. (iii) The Notes represent the obligations of the Trust only. They do not represent an interest in or obligation of the Counterparty. No recourse may be had by the holders of the Notes against the Counterparty or its assets with respect to the Notes.

Additional Representations of the Trust. The Trust represents to the Counterparty as of the date hereof that: (i) With respect to each source of funds to be used by it to enter into such Transactions (each such source being referred to herein as a “sourceSource”), the Source is not the assets of any “plan” (as such term is defined in Section 4975 of the Code) subject to Section 4975 of the Code or any “employee benefit plan” (as such term is defined in Section 3(3) of ERISA) subject to Title I of ERISA, or otherwise out of “plan assets” within the meaning of United States Department of Labor regulation Section 2510.3-101. (ii) Each Transaction is intended to be exempt from, or otherwise not subject to regulation under, the Investment Company Act of 1940 and the Trust is exempt from regulation under such Act. (iii) The Notes represent the obligations of the Trust only. They do not represent an interest in or obligation of the Counterparty. No recourse may be had by the holders of the Notes against the Counterparty or its assets with respect to the Notes.

Additional Representations of the Trust. The Trust represents to the Counterparty as of the date hereof that: (i) With respect to each source of funds to be used by it to enter into such Transactions (each such source being referred to herein as a “source”), the Source is not the assets of any “plan” (as such term is defined in Section 4975 of the Code) subject to Section 4975 of the Code or any “employee benefit plan” (as such term is defined in Section 3(3) of ERISA) subject to Title I of ERISA, or otherwise out of “plan assets” within the meaning of United States Department of Labor regulation Section 2510.3-1012510.3­101. (ii) Each Transaction is intended to be exempt from, or otherwise not subject to regulation under, the Investment Company Act of 1940 and the Trust is exempt from regulation under such Act. (iii) The Notes represent the obligations of the Trust only. They do not represent an interest in or obligation of the Counterparty. No recourse may be had by the holders of the Notes against the Counterparty or its assets with respect to the Notes.

Additional Representations of the Trust. The Trust represents to the Counterparty as of the date hereof that: (i) With respect to each source of funds to be used by it to enter into such Transactions (each such source being referred to herein as a “source”), the Source is not the assets of any “plan” (as such term is defined in Section 4975 of the Code) subject to Section 4975 of the Code or any “employee benefit plan” (as such term is defined in Section 3(3) of ERISA) subject to Title I of ERISA, or otherwise out of “plan assets” within the meaning of United States Department of Labor regulation Section 2510.3-101., and (ii) Each Transaction is intended to be exempt from, or otherwise not subject to regulation under, the Investment Company Act of 1940 and the Trust is exempt from regulation under such Act. (iii) The Notes represent the obligations of the Trust only. They do not represent an interest in or obligation of the Counterparty. No recourse may be had by the holders of the Notes against the Counterparty or its assets with respect to the Notes.

Additional Representations of the Trust. The Trust represents to the Counterparty MLCS as of the date hereof that: (i) With respect to each source of funds to be used by it to enter into such Transactions (each such source being referred to herein as a “source”), the Source is not the assets of any “plan” (as such term is defined in Section 4975 of the Code) subject to Section 4975 of the Code or any “employee benefit plan” (as such term is defined in Section 3(3) of ERISA) subject to Title I of ERISA, or otherwise out of “plan assets” within the meaning of United States Department of Labor regulation Section 2510.3-101., and (ii) Each Transaction is intended to be exempt from, or otherwise not subject to regulation under, the Investment Company Act of 1940 and the Trust is exempt from regulation under such Act. (iii) The Notes represent the obligations of the Trust only. They do not represent an interest in or obligation of the CounterpartyMLCS. No recourse may be had by the holders of the Notes against the Counterparty MLCS or its assets with respect to the Notes.

Additional Representations of the Trust. The Trust represents to the Counterparty Barclays as of the date hereof that: (i) With respect to each source of funds to be used by it to enter into such Transactions (each such source being referred to herein as a “source”), the Source is not the assets of any “plan” (as such term is defined in Section 4975 of the Code) subject to Section 4975 of the Code or any “employee benefit plan” (as such term is defined in Section 3(3) of ERISA) subject to Title I of ERISA, or otherwise out of “plan assets” within the meaning of United States Department of Labor regulation Section 2510.3-101., and (ii) Each Transaction is intended to be exempt from, or otherwise not subject to regulation under, the Investment Company Act of 1940 and the Trust is exempt from regulation under such Act. (iii) The Notes represent the obligations of the Trust only. They do not represent an interest in or obligation of the CounterpartyBarclays. No recourse may be had by the holders of the Notes against the Counterparty Barclays or its assets with respect to the Notes.

Additional Representations of the Trust. The Trust represents to the Counterparty CSi as of the date hereof that: (i) With respect to each source of funds to be used by it to enter into such Transactions (each such source being referred to herein as a “source”), the Source is not the assets of any “plan” (as such term is defined in Section 4975 of the Code) subject to Section 4975 of the Code or any “employee benefit plan” (as such term is defined in Section 3(3) of ERISA) subject to Title I of ERISA, or otherwise out of “plan assets” within the meaning of United States Department of Labor regulation Section 2510.3-101., and (ii) Each Transaction is intended to be exempt from, or otherwise not subject to regulation under, the Investment Company Act of 1940 and the Trust is exempt from regulation under such Act. (iii) The Notes represent the obligations of the Trust only. They do not represent an interest in or obligation of the CounterpartyCSi. No recourse may be had by the holders of the Notes against the Counterparty CSi or its assets with respect to the Notes.