Continuing Representation; Reliance. We acknowledge and agree that the representations contained in this Certificate shall be deemed made on each day from the date we make such representations through and including the date on which we dispose of our interests in the Subordinated Notes. We understand and agree that the information supplied in this Certificate will be used and relied upon by the Issuer and the Trustee to determine that Benefit Plan Investors own or hold less than 25% of the value of the Subordinated Notes upon any subsequent transfer of the Subordinated Notes in accordance with the Indenture.
Continuing Representation; Reliance. The Investor acknowledges and agrees that the representations contained in this Agreement shall be deemed made on each day from the date it makes such representations through and including the date on which it disposes of our interests in the Subject Notes. It understands and agrees that the information supplied in this Agreement will be used and relied upon by the Issuer and the Trustee to determine that (i) no Benefit Plan Investors own or hold any Notes and (ii) no Affected Bank, directly or in conjunction with its affiliates, owns or holds any Notes at any time.
Continuing Representation; Reliance. The Investor acknowledges and agrees that the representations contained in this Agreement shall be deemed made on each day from the date it makes such representations through and including the date on which it disposes of all interests in the Subject Notes. It understands and agrees that the information supplied in this Agreement will be used and relied upon by the Issuer and the Trustee to determine that (i) the purchase, holding, or disposition of any Subject Notes will not result in a non-exempt prohibited transaction under ERISA or the Code and will not result in a non-exempt violation of any applicable Other Plan Law, and (ii) no Affected Bank, directly or in conjunction with its affiliates, owns or holds any Subject Notes at any time.
Continuing Representation; Reliance. We acknowledge and agree that the representations contained in this Certificate shall be deemed made on each day from the date we make such representations through and including the date on which we dispose of our interests in the Subordinated Notes. We understand and agree that the information supplied in this Certificate will be used and relied upon by the Issuer and the Subordinated Note Issuing and Paying Agent to determine that (i) Benefit Plan Investors own or hold less than 25% of the value of the Subordinated Notes upon any subsequent transfer of Subordinated Notes in accordance with the Subordinated Note Issuing and Paying Agency Agreement and (ii) no Affected Bank, directly or in conjunction with its affiliates, owns or holds more than 33-1/3% of the Subordinated Notes or any Class of Secured Notes at any time.
Continuing Representation; Reliance. We acknowledge and agree that the representations, warranties and agreements contained in this Certificate shall be deemed made on each day from the date we make such representations, warranties and agreements through and including the date on which we dispose of our interests in the ERISA Restricted Notes. We understand and agree that the information supplied in this Certificate will be used and relied upon by the Issuer and the Collateral Trustee to determine that Benefit Plan Investors own or hold less than 25% of the value of the Subordinated Notes, as applicable, upon any subsequent transfer of the ERISA Restricted Notes in accordance with the Indenture.
Continuing Representation; Reliance. We acknowledge and agree that the representations, warranties, acknowledgements and agreements contained in this Investor Questionnaire shall be deemed made on each day from the date we make such representations, warranties, acknowledgements and agreements through and including the date on which we dispose of our Subject Securities (or our interests therein). We understand and agree that the information supplied in this Investor Questionnaire will be used and relied upon by the Issuer and the Trustee to determine that Benefit Plan Investors own or hold less than 25% of the total value of each Class of Subject Securities upon any subsequent transfer of the Subject Securities (or interests therein) in accordance with the Indenture. 11.
Continuing Representation; Reliance. The investor that each representation, warranty or agreement of the investor contained in this ERISA Subscription Agreement or in any other document provided by the investor will be relied upon by the transaction parties and counsel of any such party, and the other holders of Notes issued by the Issuer and/or the Co-Issuer for the purpose of determining, among other things, the eligibility of the investor to purchase the [Class E Notes] [Subordinated Notes], and hereby consents to such reliance. The investor agrees to provide, if requested, any additional information that may reasonably be required to determine the eligibility of the investor to purchase the [Class E Notes] [Subordinated Notes]. The investor agrees to indemnify and hold harmless each such party and each of their respective affiliates from and against any cost, loss, damage or liability to the extent due to or arising out of a breach of any representation, warranty or agreement of the Investor contained in this ERISA Subscription Agreement or in any other document provided by the investor to such parties in connection with the Investor’s investment in the [Class E Notes] [Subordinated Notes] (including, without limitation, as a result of the Investor’s being or being deemed to be a Benefit Plan Investor or a non-U.S., governmental or church plan that is subject to other state, local, other federal or non-U.S. laws or regulations that are substantially similar to the prohibited transaction provisions of Section 406 of ERISA or Section 4975 of the Code, or a Controlling Person, if it represented or was deemed to represent otherwise.
Continuing Representation; Reliance. The Investor acknowledges and agrees that the representations and warranties contained in this Investor Questionnaire shall be deemed made on each day from the date the Investor makes such representations and warranties through and including the date on which the Investor disposes of its interests in the Subscribed Securities. The Investor understands and agrees that the information supplied in this Investor Questionnaire will be used and relied upon by the Issuer, the Co-Issuer and the Trustee to determine that Benefit Plan Investors own or hold less than 25% of the total value of the Subscribed Securities upon any subsequent transfer of the Subscribed Securities in accordance with the Indenture.
Continuing Representation; Reliance. We acknowledge and agree that the representations, warranties, acknowledgements and agreements contained in this Certificate shall be deemed made on each day from the date we make such representations, warranties, acknowledgments and agreements through and including the date on which we dispose of our Class B Notes (or our interests therein). We understand and agree that the information supplied in this Certificate will be used and relied upon by the Issuer to determine that Benefit Plan Investors own or hold less than 25 per cent. of the total value of the Class B Notes, upon any subsequent transfer of the Class B in accordance with the Base Indenture and the Series 2020-1 Supplement.
