Common use of Agreements and Acknowledgements Regarding Hedging Activities Clause in Contracts

Agreements and Acknowledgements Regarding Hedging Activities. (a) You represent and warrant that: (i) when entering into, and throughout the duration of, any Transaction, you are not relying on: (A) the manner or method in which we adjust or unwind our Hedge Positions; and (B) any communication, whether written or oral, from us, with respect to any of our Hedging Activities as to whether, when, how or in what manner or method we may, but are not obliged to, hedge any Transaction on a dynamic, static or portfolio basis by holding a corresponding position in the Securities, commodities, assets, contracts or indices referenced by or underlying such Transaction or in any other Securities, commodities, assets, contracts or indices or by entering into any Hedge Position; (ii) any Hedge Position established by us is a proprietary trading position and activity of ours; (iii) we are not holding the Hedge Positions or engaging in the Hedging Activities on your behalf or for your account, or as agent or fiduciary for you, and you will not have any direct economic or other interest in, or beneficial ownership of, the Hedge Positions or Hedging Activities; and (iv) the decision to engage in Hedging Activities is in our sole discretion, and we may commence or, once commenced, suspend or cease the Hedging Activities at any time as we may solely determine. (b) For the purposes of this clause 11.17:

Agreements and Acknowledgements Regarding Hedging Activities. (a) You represent agree and warrant acknowledge that: (i) when entering into, and throughout the duration of, any Transaction, you are not relying on: (A1) the manner or method in which we adjust or unwind our Hedge Positions; and (B2) any communication, whether written or oral, from us, with respect to any of our Hedging Activities as to whether, when, how or in what manner or method we may, but are not obliged to, hedge any Transaction on a dynamic, static or portfolio basis by holding a corresponding position in the Securitiessecurities, commodities, assets, contracts or indices referenced by or underlying such Transaction or in any other Securitiessecurities, commodities, assets, contracts or indices or by entering into any Hedge Position; (ii) any Hedge Position established by us is a proprietary trading position and activity of ours; (iii) we are not holding the Hedge Positions or engaging in the Hedging Activities on your behalf or for your account, or as agent or fiduciary for you, and you will not have any direct economic or other interest in, or beneficial ownership of, the Hedge Positions or Hedging Activities; and (iv) the decision to engage in Hedging Activities is in our sole discretion, and we may commence or, once commenced, suspend or cease the Hedging Activities at any time as we may solely determine. (b) For the purposes of this clause 11.17Clause 12.15:

Agreements and Acknowledgements Regarding Hedging Activities. (a) You represent agree and warrant acknowledge that: (i) when entering into, and throughout the duration of, any Transaction, you are not relying on: (A1) the manner or method in which we adjust or unwind our Hedge Positions; and (B2) any communication, whether written or oral, from us, with respect to any of our Hedging Activities as to whether, when, how or in what manner or method we may, but are not obliged to, hedge any Transaction on a dynamic, static or portfolio basis by holding a corresponding position in the Securitiessecurities, commodities, assets, contracts or indices referenced by or underlying such Transaction or in any other Securitiessecurities, commodities, assets, contracts or indices or by entering into any Hedge Position; (ii) any Hedge Position established by us is a proprietary trading position and activity of ours; (iii) we are not holding the Hedge Positions or engaging in the Hedging Activities on your behalf or for your account, or as agent or fiduciary for you, and you will not have any direct economic or other interest in, or beneficial ownership of, the Hedge Positions or Hedging Activities; and (iv) the decision to engage in Hedging Activities is in our sole discretion, and we may commence or, once commenced, suspend or cease the Hedging Activities at any time as we may solely determine. (b) For the purposes of this clause 11.17Clause 11.15:

Agreements and Acknowledgements Regarding Hedging Activities. (a) You represent agree and warrant acknowledge that: (i) when entering into, and throughout the duration of, any Transaction, you are not relying on: (A1) the manner or method in which we adjust or unwind our Hedge Positions; and (B2) any communication, whether written or oral, from us, with respect to any of our Hedging Activities as to whether, when, how or in what manner or method we may, but are not obliged to, hedge any Transaction on a dynamic, static or portfolio basis by holding a corresponding position in the Securitiessecurities, commodities, assets, contracts or indices referenced by or underlying such Transaction or in any other Securitiessecurities, commodities, assets, contracts or indices or by entering into any Hedge Position; (ii) any Hedge Position established by us is a proprietary trading position and activity of ours; (iii) we are not holding the Hedge Positions or engaging in the Hedging Activities on your behalf or for your account, or as agent or fiduciary for you, and you will not have any direct economic or other interest in, or beneficial ownership of, the Hedge Positions or Hedging Activities; and (iv) the decision to engage in Hedging Activities is in our sole discretion, and we may commence or, once commenced, suspend or cease the Hedging Activities at any time as we may solely determine. (b) For the purposes of this clause 11.17Section 11.15: