Party B Representations. Party B represents that:
(i) Status. The Trustee is trustee of Party B whose appointment is valid and effective both under the laws of the State of New York and under the PSA, and the Trustee has the power to own assets in its capacity as trustee of Party B.
Party B Representations. In lieu of the representations set forth in Sections 3(a)(i) and 3(a)(ii) of this Agreement, Party B makes the following representations:
Party B Representations. Party B represents and warrants on and as of the date hereof and on and as of each date this Agreement or any Transaction remains outstanding:
Party B Representations. Party B represents that:
Party B Representations. Party B makes the representations and warranties associated with the boxes checked below15 (or as indicated in the Multiple Principal Addendum) to Party A, which representations and warranties shall be deemed repeated on the Trade Date for any Transaction.
Party B Representations. Party B (i) has such knowledge and experience in financial and business affairs as to be capable of evaluating the merits and risks of entering into this Transaction; (ii) has consulted with its own legal, financial, accounting and tax advisors in connection with this Transaction; and (iii) is entering into this Transaction for a bona fide business purpose. Party B is not and has not been the subject of any civil proceeding of a judicial or administrative body of competent jurisdiction that could reasonably be expected to impair materially Party B’s ability to perform its obligations hereunder. Party B will by the next succeeding Business Day notify Party A upon obtaining knowledge of the occurrence of any event that would constitute an Event of Default, a Potential Event of Default or a Potential Adjustment Event. As of the date hereof, Party B is not insolvent. Acknowledgements: The parties hereto intend for:
Party B Representations. Party B (i) has such knowledge and experience in financial and business affairs as to be capable of evaluating the merits and risks of entering into this Transaction; (ii) has consulted with its own legal, financial, accounting and tax advisors in connection with this Transaction; and (iii) is entering into this Transaction for a bona fide business purpose to hedge an existing position. Party B is not and has not been the subject of any civil proceeding of a judicial or administrative body of competent jurisdiction that could reasonably be expected to impair materially Party B’s ability to perform its obligations hereunder. Party B will by the next succeeding Business Day notify Party A upon obtaining knowledge of the occurrence of any event that would constitute an Event of Default or a Potential Adjustment Event.
Party B Representations. Party B represents, warrants and acknowledges to Party A that:
(1) It is entering into this transaction for the purpose of hedging its foreign currency exposure arising from its USD liabilities;
(2) it has understood the terms of the Transaction and the risks associated with this Transaction, including the fact that this Transaction is a partial hedge for its USD liabilities;
(3) despite being a partial hedge, it believes that in light of its own objectives and circumstances, including all applicable commercial parameters, the Transaction is an effective hedge of its USD liabilities;
(4) following the entry into the Transaction, it will be in compliance with all applicable laws and regulations as well as any agreements or other obligations to which Party B is subject; and
(5) it has estimated the potential FX losses on its USD liabilities under different FX scenarios and compared the chosen USD/Offshore Deliverable CNY Capped Forward with alternative hedging instruments.
Party B Representations. Party B represents that:
(i) Status. The Securities Administrator is securities administrator of Party B whose appointment is valid and effective both under the laws of the State of New York and under the Trust Agreement, and the Securities Administrator has the power to own assets in its capacity as securities administrator of Party B.
Party B Representations. Party B represents and warrants on and as of the date hereof and on and as of each date this Agreement or any Transaction remains outstanding:
(A) No ERISA Funds. The assets of Party B do not include "plan assets" within the meaning of Section 3(42) of ERISA, and Party B is not otherwise subject to Title I of ERISA or Section 4975 of the Code.
