Common use of Further Representations, Warranties and Covenants Clause in Contracts

Further Representations, Warranties and Covenants. 68.1 In addition to, and without prejudice, to any other representations, warranties and covenants set forth in this Agreement, you hereby further represent, warrant, covenant and agree: (a) that all sums, investments or other assets supplied by you for any purpose, subject to these Terms, shall at all times be free from any charge, lien, pledge or encumbrance and shall be beneficially owned by you and, in particular, without prejudice to the generality of the foregoing, that, except as otherwise agreed by us, you are the sole beneficial owner of all Margin you transfer under this Agreement; (b) that you act as Principal and sole beneficial owner (but not as trustee) in entering into this Agreement and each Transaction performed hereunder and that no Person other than you has or will have an interest in your Account(s); (c) that, regardless of any subsequent determination to the contrary, trading in leveraged Financial Instruments on the Over-the-Counter Market (and in such other investments as we may from time to time agree) is suitable for you and that you are aware of all risks involved with such Transactions; and (d) that you are willing and financially able to sustain a total loss of funds resulting from Transactions performed hereunder.

Further Representations, Warranties and Covenants. 68.1 65.1 In addition to, and without prejudice, to any other representations, warranties and covenants set forth in this Agreement, you hereby further represent, warrant, covenant and agree: (a) that all sums, investments or other assets supplied by you for any purpose, subject to these Terms, shall at all times be free from any charge, lien, pledge or encumbrance and shall be beneficially owned by you and, in particular, without prejudice to the generality of the foregoing, that, except as otherwise agreed by us, you are the sole beneficial owner of all Margin you transfer under this Agreement; (b) that you act as Principal and sole beneficial owner (but not as trustee) in entering into this Agreement and each Transaction performed hereunder and that no Person other than you has or will have an interest in your Account(s); (c) that, regardless of any subsequent determination to the contrary, trading in leveraged Financial Instruments on the Over-the-Counter Market (and in such other investments as we may from time to time agree) is suitable for you and that you are aware of all risks involved with such Transactions; and (d) that you are willing and financially able to sustain a total loss of funds resulting from Transactions performed hereunder.