Common use of Deemed Representations and Warranties Clause in Contracts

Deemed Representations and Warranties. (i) To the extent Provider is required to give (or is deemed to have given) any representation or warranty to a third party relating to any Lending Fund in order to complete the relevant transaction in connection with the issuance or transmission of trade notifications, confirmations and/or settlement instructions, whether using facsimile transmission, industry messaging utilities and/or the proprietary software of Third Party Providers, clearing agencies, depositories and other securities systems, such Lending Fund will be deemed to have made such representation or warranty to Provider, except to the extent that any breach or alleged breach of such representation or warranty results from Provider’s failure to perform its obligations hereunder in accordance with the Standard of Care. (ii) To the extent that Provider is required to give (or will be deemed to give) any such representation or warranty relating to the Lending Funds other than in accordance with normal market practices, it will notify and obtain the written consent of the Lending Funds (or BTC, on behalf of the Lending Funds) in advance of giving such representation or warranty. (iii) Provider will provide each Lending Fund with a quarterly report setting forth all actions taken on behalf of such Lending Fund under this Section 6.1(d).

Deemed Representations and Warranties. (i) To the extent Provider is required to give (or is deemed to have given) any representation or warranty to a third party relating to any Lending Fund BFA Recipient in order to complete the relevant transaction in connection with the issuance or transmission of trade notifications, confirmations and/or settlement instructions, whether using facsimile transmission, industry messaging utilities and/or the proprietary software of Third Party Providers, clearing agencies, depositories and other securities systems, such Lending Fund BFA Recipient will be deemed to have made such representation or warranty to Provider, except to the extent that any breach or alleged breach of such representation or warranty results from Provider’s failure to perform its obligations hereunder in accordance with the Standard of Care.. Master Services Agreement CONFIDENTIAL (ii) To the extent that Provider is required to give (or will be deemed to give) any such representation or warranty relating to the Lending Funds BFA Recipients other than in accordance with normal market practices, it will notify and obtain the written consent of the Lending Funds BFA Recipients (or BTCBFA, on behalf of the Lending FundsBFA Recipients) in advance of giving such representation or warranty. (iii) Provider will provide each Lending Fund BFA Recipient with a quarterly report setting forth all actions taken on behalf of such Lending Fund BFA Recipient under this Section 6.1(d8.1(d).

Deemed Representations and Warranties. (i) To the extent Provider is required to give (or is deemed to have given) any representation or warranty to a third party relating to any Lending Fund BFA Recipient in order to complete the relevant transaction in connection with the issuance or transmission of trade notifications, confirmations and/or settlement instructions, whether using facsimile transmission, industry messaging utilities and/or the proprietary software of Third Party Providers, clearing agencies, depositories and other securities systems, such Lending Fund BFA Recipient will be deemed to have made such representation or warranty to Provider, except to the extent that any breach or alleged breach of such representation or warranty results from Provider’s failure to perform its obligations hereunder in accordance with the Standard of Care. (ii) To the extent that Provider is required to give (or will be deemed to give) any such representation or warranty relating to the Lending Funds BFA Recipients other than in accordance with normal market practices, it will notify and obtain the written consent of the Lending Funds BFA Recipients (or BTCBFA, on behalf of the Lending FundsBFA Recipients) in advance of giving such representation or warranty. (iii) Provider will provide each Lending Fund BFA Recipient with a quarterly report setting forth all actions taken on behalf of such Lending Fund BFA Recipient under this Section 6.1(d8.1(d).

Deemed Representations and Warranties. (i) To the extent Provider is required to give (or is deemed to have given) any representation or warranty to a third party relating to any Lending Fund BFA Recipient in order to complete the relevant transaction in connection with the issuance or transmission of trade notifications, confirmations and/or settlement instructions, whether using facsimile transmission, industry messaging utilities and/or the proprietary software of Third Party Providers, clearing agencies, depositories and other securities systems, such Lending Fund BFA Recipient will be deemed to have made such representation or warranty to Provider, except to the extent that any breach or alleged breach of such representation or warranty results from Provider’s failure to perform its obligations hereunder in accordance with the Standard of Care.. Master Services Agreement 28 (ii) To the extent that Provider is required to give (or will be deemed to give) any such representation or warranty relating to the Lending Funds BFA Recipients other than in accordance with normal market practices, it will notify and obtain the written consent of the Lending Funds BFA Recipients (or BTCBFA, on behalf of the Lending FundsBFA Recipients) in advance of giving such representation or warranty. (iii) Provider will provide each Lending Fund BFA Recipient with a quarterly report setting forth all actions taken on behalf of such Lending Fund BFA Recipient under this Section 6.1(d8.1(d).

Deemed Representations and Warranties. (i) To the extent Provider is required to give (or is deemed to have given) any representation or warranty to a third party relating to any Lending Fund BFA Recipient in order to complete the relevant transaction in connection with the issuance or transmission of trade notifications, confirmations and/or settlement instructions, whether using facsimile transmission, industry messaging utilities and/or the proprietary software of Third Party Providers, clearing agencies, depositories and other securities systems, such Lending Fund BFA Recipient will be deemed to have made such representation or warranty to Provider, except to the extent that any breach or alleged breach of such representation or warranty results from Provider’s failure to perform its obligations hereunder in accordance with the Standard of Care. (ii) To the extent that Provider is required to give (or will be deemed to give) any such representation or warranty relating to the Lending Funds BFA Recipients other than in accordance with normal market practices, it will notify and obtain the written consent of the Lending Funds BFA Recipients (or BTCBFA, on behalf of the Lending FundsBFA Recipients) in advance of giving such representation or warranty. (iii) Provider will provide each Lending Fund BFA Recipient with a quarterly report setting forth all actions taken on behalf of such Lending Fund BFA Recipient under this Section 6.1(d8.l(d).

Deemed Representations and Warranties. (i) To the extent Provider is required to give (or is deemed to have given) any representation or warranty to a third party relating to any Lending Fund BFA Recipient in order to complete the relevant transaction in connection with the issuance or transmission of trade notifications, confirmations and/or settlement instructions, whether using facsimile transmission, industry messaging utilities and/or the proprietary software of Third Party Providers, clearing agencies, depositories and other securities systems, such Lending Fund BFA Recipient will be deemed to have made such representation or warranty to Provider, except to the extent that any breach or alleged breach of such representation or warranty results from Provider’s failure to perform its obligations hereunder in accordance with the Standard of Care.. Master Services Agreement (ii) To the extent that Provider is required to give (or will be deemed to give) any such representation or warranty relating to the Lending Funds BFA Recipients other than in accordance with normal market practices, it will notify and obtain the written consent of the Lending Funds BFA Recipients (or BTCBFA, on behalf of the Lending FundsBFA Recipients) in advance of giving such representation or warranty. (iii) Provider will provide each Lending Fund BFA Recipient with a quarterly report setting forth all actions taken on behalf of such Lending Fund BFA Recipient under this Section 6.1(d8.1(d).