Common use of Counterparty Clause in Contracts

Counterparty. Counterparty hereby represents and warrants to ENA that: It is a Mexican sociedad anonima de capital variable duly organized and validly existing, pursuant to the laws of the United Mexican States, as evidenced by a certified copy of public deed No. ________, dated _________________, ____, granted before ____________________, Notary Public No. _____ of ____________________________, duly registered in the Public Registry of Commerce of the _____________________________ (Registro Publico de Comercio de ) under registry No. ____ on __________________, ______, and whose principal place of business is _____________________. The entering into and performance of this Confirmation and any Transaction hereunder falls within its corporate purpose, and does not constitute any activity or investment by Counterparty that is prohibited or restricted by any constitution, charter, law, rule, regulation, investment guideline, restriction or policy, government code, constituent or governing instrument, resolution, guideline, ordinance, order, writ, judgment, decree, change, or ruling to which Counterparty or its property or revenues is subject. It is legally and financially capable to undertake all of the obligations set forth herein. It has conferred upon the individuals signing this Confirmation the necessary powers and authority to enter into this Confirmation and any other documentation relating to this Confirmation, as evidenced in the certified copy of the power of attorney delivered in accordance with paragraph (c) "Authorization" below, which powers and authority have not been limited, restricted or revoked in any manner whatsoever. All corporate action necessary for the entering into and the execution of this Confirmation has been duly taken. This Confirmation and each Transaction have been and will be, entered into not for the purpose of speculation but solely in connection with the financing activities of Counterparty, including, without limitation, increasing the predictability of cash flow, including earnings on invested funds, and otherwise improving Counterparty's ability to manage its funds and revenues.

Counterparty. Counterparty hereby represents and warrants to ENA that: It is a Mexican sociedad anonima de capital variable duly organized and validly existing, pursuant to the laws of the United Mexican States, as evidenced by a certified copy of public deed No. ________, dated _________________, ____, granted before ____________________, Notary Public No. _____ of ____________________________, duly registered in the Public Registry of Commerce of the _____________________________ (Registro Publico de Comercio de _________) under registry No. ____ on __________________, ______, and whose principal place of business is _____________________. The entering into and performance of this Confirmation and any Transaction hereunder falls within its corporate purpose, and does not constitute any activity or investment by Counterparty that is prohibited or restricted by any constitution, charter, law, rule, regulation, investment guideline, restriction or policy, government code, constituent or governing instrument, resolution, guideline, ordinance, order, writ, judgment, decree, change, or ruling to which Counterparty or its property or revenues is subject. It is legally and financially capable to undertake all of the obligations set forth herein. It has conferred upon the individuals signing this Confirmation the necessary powers and authority to enter into this Confirmation and any other documentation relating to this Confirmation, as evidenced in the certified copy of the power of attorney delivered in accordance with paragraph (c) "“Authorization" ” below, which powers and authority have not been limited, restricted or revoked in any manner whatsoever. All corporate action necessary for the entering into and the execution of this Confirmation has been duly taken. This Confirmation and each Transaction have been and will be, entered into not for the purpose of speculation but solely in connection with the financing activities of Counterparty, including, without limitation, increasing the predictability of cash flow, including earnings on invested funds, and otherwise improving Counterparty's ’s ability to manage its funds and revenues.

Counterparty. Counterparty hereby represents and warrants to ENA that: It is a Mexican sociedad anonima de capital variable duly organized and validly existing, pursuant to the laws of the United Mexican States, as evidenced by a certified copy of public deed No. ________, dated _________________, ____, granted before ____________________, Notary Public No. _____ of ____________________________, duly registered in the Public Registry of Commerce of the _____________________________ (Registro Publico de Comercio de ) under registry No. ____ on __________________, ______, and whose principal place of business is _____________________. The entering into and performance of this Confirmation and any Transaction hereunder falls within its corporate purpose, and does not constitute any activity or investment by Counterparty that is prohibited or restricted by any constitution, charter, law, rule, regulation, investment guideline, restriction or policy, government code, constituent or governing instrument, resolution, guideline, ordinance, order, writ, judgment, decree, change, or ruling to which Counterparty or its property or revenues is subject. It is legally and financially capable to undertake all of the obligations set forth herein. It has conferred upon the individuals signing this Confirmation the necessary powers and authority to enter into this Confirmation and any other documentation relating to this Confirmation, as evidenced in the certified copy of the power of attorney delivered in accordance with paragraph (c) "“Authorization" ”) below, which powers and authority have not been limited, restricted or revoked in any manner whatsoever. All corporate action necessary for the entering into and the execution of this Confirmation has been duly taken. This Confirmation and each Transaction have been and will be, entered into not for the purpose of speculation but solely in connection with the financing activities of Counterparty, including, without limitation, increasing the predictability of cash flow, including earnings on invested funds, and otherwise improving Counterparty's ’s ability to manage its funds and revenues.

Counterparty. Counterparty hereby represents and warrants to ENA that: It is a Mexican [sociedad anonima de capital variable variable] [sociedad de responsibilidad limitada] [ _______________ ] duly organized and validly existing, pursuant to the laws of the United Mexican States, as evidenced by a certified copy of public deed No. ________, dated _________________, ____, granted before ____________________, Notary Public No. _____ of ____________________________, duly registered in the Public Registry of Commerce of the _____________________________ (Registro Publico de Comercio de ) under registry No. ____ on __________________, ______, and whose principal place of business is _____________________. The entering into and performance of this Confirmation and any Transaction hereunder falls within its corporate purpose, and does not constitute any activity or investment by Counterparty that is prohibited or restricted by any constitution, charter, law, rule, regulation, investment guideline, restriction or policy, government code, constituent or governing instrument, resolution, guideline, ordinance, order, writ, judgment, decree, change, or ruling to which Counterparty or its property or revenues is subject. It is legally and financially capable to undertake all of the obligations set forth herein. It has conferred upon the individuals signing this Confirmation the necessary powers and authority to enter into this Confirmation and any other documentation relating to this Confirmation, as evidenced in the certified copy of the power of attorney delivered in accordance with paragraph (c) "Authorization" below, which powers and authority have not been limited, restricted or revoked in any manner whatsoever. All corporate action necessary for the entering into and the execution of this Confirmation has been duly taken. This Confirmation and each Transaction have been and will be, entered into not for the purpose of speculation but solely in connection with the financing activities of Counterparty, including, without limitation, increasing the predictability of cash flow, including earnings on invested funds, and otherwise improving Counterparty's ability to manage its funds and revenues.