Italian Originator Representations Sample Clauses

Italian Originator Representations. (a) The Italian Originator is subject to direction and co-ordination (attività di direzione e coordinamento pursuant to article 2497 et seq. of the Italian Civil Code) of the Parent and has complied with the publicity requirements set out in article 2497-bis of the Italian Civil Code. (b) The decision by the Italian Originator to enter into, and perform its obligations under this Agreement and the other Facility Documents to which it is or will become a party has been taken under the influence of the direction and co-ordination activity of the Parent but in the interest of the Italian Originator and without breaching the principles of the correct corporate and entrepreneurial management (corretta gestione societaria e imprenditoriale) of, or otherwise creating unlawful prejudice to, the Italian Originator or its assets and such decision has been adequately motivated in accordance with Article 2497-ter of the Italian Civil Code. (c) To the extent applicable, the Italian Originator has not created any patrimono destinato ad uno specifico affare nor has incurred any finanziamento destinato ad uno specifico affare pursuant to article 2447-bis and following of the Italian Civil Code. (d) None of the circumstances set out in article 2446 and 2447 or article 2482-bis and 2482-ter, as applicable of the Italian Civil Code have arisen in respect of the Italian Originator.