Counterparty Representations. As of the date hereof and each Trade Date, Counterparty represents and warrants that it: (i) has such knowledge and experience in financial and business affairs as to be capable of evaluating the merits and risks of entering into each Transaction; (ii) has consulted with its own legal, financial, accounting and tax advisors in connection with each Transaction; and (iii) is entering into each Transaction for a bona fide business purpose to hedge or repurchase Shares. As of the date hereof and each Trade Date, Counterparty represents and warrants that it is not and has not been the subject of any civil proceeding of a judicial or administrative body of competent jurisdiction that could reasonably be expected to impair materially Counterparty’s ability to perform its obligations hereunder. As of the date hereof and each Trade Date, Counterparty is not insolvent.
Appears in 4 contracts
Samples: Master Confirmation of Otc Collared Accelerated Share Repurchase (Conagra Foods Inc /De/), Master Confirmation (Aflac Inc), Master Confirmation of Otc Vwap Minus (Openwave Systems Inc)
Counterparty Representations. As of the date hereof and each the Trade Date, Counterparty represents and warrants that it: (i) has such knowledge and experience in financial and business affairs as to be capable of evaluating the merits and risks of entering into each the Transaction; (ii) has consulted with its own legal, financial, accounting and tax advisors in connection with each the Transaction; and (iii) is entering into each the Transaction for a bona fide business purpose to hedge or repurchase Shares. As of the date hereof and each the Trade Date, Counterparty represents and warrants that it is not and has not been the subject of any civil proceeding of a judicial or administrative body of competent jurisdiction that could reasonably be expected to impair materially Counterparty’s ability to perform its obligations hereunder. As of the date hereof and each the Trade Date, Counterparty is not insolvent.
Appears in 1 contract
Samples: Master Confirmation of Otc Collared Asap (Exelon Corp)
Counterparty Representations. As of the date hereof and each Trade Date, Counterparty represents and warrants that it: (i) has such knowledge and experience in financial and business affairs as to be capable of evaluating the merits and risks of entering into each Transaction; (ii) has consulted with its own legal, financial, accounting and tax advisors in connection with each Transaction; and (iii) is entering into each Transaction for a bona fide business purpose to hedge or repurchase Shares. As of the date hereof and each Trade Date, Counterparty represents and warrants that it is not and has not been the subject of any civil proceeding of a judicial or administrative body of competent jurisdiction that could reasonably be expected to impair materially Counterparty’s ability to perform its obligations hereunder. As of the date hereof and each Trade Date, Counterparty is not insolvent.. Acknowledgements:
Appears in 1 contract
Samples: Master Confirmation Agreement