Common use of Derivatives; etc Clause in Contracts

Derivatives; etc. All exchange-traded, over-the-counter or other swaps, caps, floors, collars, option agreements, futures and forward contracts and other similar arrangements or Contracts, whether entered into for the Acquiror's own account, or for the account of one or more of the Acquiror's Subsidiaries or their customers, were entered into (1) in accordance with prudent business practices and all applicable laws, rules, regulations and regulatory policies and (2) with counter parties reasonably believed to be financially responsible at the time; and each of them constitutes the valid and legally binding obligation of the Acquiror or one of its Subsidiaries, enforceable in accordance with its terms (except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer and similar laws of general applicability relating to or affecting creditors' rights or by general equity principles), and are in full force and effect. Neither the Acquiror nor its Subsidiaries, nor, to the best of the Acquiror's knowledge, any other party thereto, is in breach of any of its obligations under any such agreement or arrangement. The Acquiror's SEC Documents disclose the value of such agreements and arrangements on a mark-xx-market basis in accordance with generally accepted accounting principles and, since December 31, 1999, there has not been a material change in such value.

Derivatives; etc. All exchange-traded, over-the-the- counter or other swaps, caps, floors, collars, option agreements, futures and forward contracts and other similar arrangements or Contractscontracts, whether entered into for the AcquirorBerthel's own accountxxxxxxx, or for the account of one or more of the Acquiror's Subsidiaries Berthel Subsidxxxxxx or their customers, were entered into (1a) in accordance with prudent business practices and all applicable laws, rules, regulations and regulatory policies and (2b) with counter parties reasonably believed to be financially responsible at the time; and each of them constitutes the valid and legally binding obligation of the Acquiror Berthel or one of its Subsidiariesa Bexxxxx Subsidxxxx, enforceable in accordance with its terms (except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer and similar laws of general applicability relating to or affecting creditors' rights or by general equity principles), and are in full force and effect. Neither the Acquiror Berthel nor its Subsidiaries, norany Xxxxxxl Subsidixxx xxx, to the best of the AcquirorBerthel's knowledgeknowlxxxx, any xxy other party thereto, is in breach of any of its obligations under any such agreement or arrangement. The Acquiror's SEC Documents disclose Berthel Financxxxx xisclose the value of such agreements and arrangements on a mark-xxto-market basis xxxis in accordance with generally accepted accounting principles US GAAP and, since December 31June 30, 19992000, there has not been a material change in such value.

Derivatives; etc. All exchange-traded, over-the-counter or other swaps, caps, floors, collars, option agreements, futures and forward contracts and other similar arrangements or Contracts, whether entered into for the Acquiror's own account, or for the account of one or more of the Acquiror's Subsidiaries or their customers, were entered into (1) in accordance with prudent business practices and all applicable laws, rules, regulations and regulatory policies and (2) with counter parties reasonably believed to be financially responsible at the time; and each of them constitutes the valid and legally binding obligation of the Acquiror or one of its Subsidiaries, enforceable in accordance with its terms (except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer and similar laws of general applicability relating to or affecting creditors' rights or by general equity principles), and are in full force and effect. Neither the Acquiror nor its Subsidiaries, nor, to the best of the Acquiror's knowledge, any other party thereto, is in breach of any of its obligations under any such agreement or arrangement. The Acquiror's SEC Documents disclose the value of such agreements and arrangements on a mark-xx-market basis in accordance with generally accepted accounting principles and, since December 31, 1999, there has not been a material change in such value.

Derivatives; etc. All exchange-traded, over-the-counter or other swaps, caps, floors, collars, option agreements, futures and forward contracts and other similar arrangements or Contracts, whether entered into for the Acquiror's own account, or for the account of one or more of the Acquiror's Subsidiaries or their customers, were entered into (1) in accordance with prudent business practices and all applicable laws, rules, regulations and regulatory policies and (2) with counter parties reasonably believed to be financially responsible at the time; and each of them constitutes the valid and legally binding obligation of the Acquiror or one of its Subsidiaries, enforceable in accordance with its terms (except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer and similar laws of general applicability relating to or affecting creditors' rights or by general equity principles), and are in full force and effect. Neither the Acquiror nor its Subsidiaries, nor, to the best of the Acquiror's knowledge, any other party thereto, is in breach of any of its obligations under any such agreement or arrangement. The Acquiror's SEC Documents disclose the value of such agreements and arrangements on a markxxxx-xxto-market basis in accordance with generally accepted accounting principles and, since December 31, 1999, there has not been a material change in such value.