Common use of Non-Financial Counterparty Representation Clause in Contracts

Non-Financial Counterparty Representation. The Client shall represent to the Company each time he enters into a Transaction (such representation shall be deemed to be repeated by the Client for as long as the Transaction remains outstanding) that: it is either: o a non-financial counterparty (as such term is defined in EMIR); or o an entity established outside the European Union that, having given due and proper consideration to its status, would constitute a non-financial counterparty (as such term is defined in EMIR) if it were established in the European Union; and it is not subject to a clearing obligation pursuant to EMIR (or, in respect of an entity under clause 35.1(a)(ii) above, would not be subject to the clearing obligation if it were established in the European Union) in respect of the respective Transaction. For the purposes of this clause, it is assumed that the Transaction is of a type that has been declared to be subject to the clearing obligation in accordance with Article 5 of EMIR and is subject to the clearing obligation in accordance with Article 4 of EMIR (whether or not this is actually the case), and that any transitional provisions in EMIR are ignored.

Non-Financial Counterparty Representation. The Client shall represent represents to the Company on each date and at each time he that it enters into a Transaction (such which representation shall will be deemed to be repeated by the Client for as long as the at all times while such Transaction remains outstanding) that: a. it is either: o : I a non-financial counterparty (as such term is defined in EMIR); or o (ii) an entity established outside the European Union that, to the best of its knowledge and belief, having given due and proper consideration to its statusconsideration, would constitute a non-financial counterparty (as such term it is defined in EMIR) if it were established in the European Union; and either: a. it is not subject to a clearing obligation pursuant to under EMIR in respect of such Transaction (or, in respect the case of an entity under described in clause 35.1(a)(ii77.1(a)(ii) above, would not be subject to the clearing obligation if it were established in the European Union) ); and b. it is not subject to a clearing obligation under EMIR in respect of the respective such Transaction. For the purposes of this clause, it is assumed that the Transaction is of a type that has been declared to be subject to the clearing obligation in accordance with under Article 5 of EMIR and is subject to the clearing obligation in accordance with under Article 4 of EMIR (whether or not this is actually the case), and that any EMIR transitional provisions in EMIR are ignored.

Non-Financial Counterparty Representation. 74.1 The Client shall represent represents to the Company on each date and at each time he that it enters into a Transaction (such which representation shall will be deemed to be repeated by the Client for as long as the at all times while such Transaction remains outstanding) that: a. it is either: o : I a non-financial counterparty (as such term is defined in EMIR); or o (ii) an entity established outside the European Union that, to the best of its knowledge and belief, having given due and proper consideration to its statusconsideration, would constitute a non-financial counterparty (as such term it is defined in EMIR) if it were established in the European Union; and either: a. it is not subject to a clearing obligation pursuant to under EMIR in respect of such Transaction (or, in respect the case of an entity under described in clause 35.1(a)(ii77.1(a)(ii) above, would not be subject to the clearing obligation if it were established in the European Union) ); and b. it is not subject to a clearing obligation under EMIR in respect of the respective such Transaction. For the purposes of this clause, it is assumed that the Transaction is of a type that has been declared to be subject to the clearing obligation in accordance with under Article 5 of EMIR and is subject to the clearing obligation in accordance with under Article 4 of EMIR (whether or not this is actually the case), and that any EMIR transitional provisions in EMIR are ignored.