Payer Representations. For the purpose of Section 3(e) of this Agreement, each of BSFP and the Counterparty will make the following representations: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e) of this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on: (i) the accuracy of any representations made by the other party pursuant to Section 3(f) of this Agreement; (ii) the satisfaction of the agreement contained in Section 4(a)(iii) of this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(iii) of this Agreement; and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement, provided that it shall not be a breach of this representation where reliance is placed on clause (ii) and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice to its legal or commercial position.
Appears in 9 contracts
Samples: Fixed Income Derivatives Confirmation and Agreement (HomeBanc Mortgage Trust 2005-3), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2005-He6), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2005-He5)
Payer Representations. For the purpose of Section 3(e) of this Agreement, each of BSFP and the Counterparty will make :
(A) Party A makes the following representations: representation(s): It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e) of this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on:
(i1) the accuracy of any representations made by the other party pursuant to Section 3(f) of this Agreement;
(ii2) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement; and
(iii3) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement, provided that it shall not be a breach of this representation where reliance is placed on clause (ii) and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice to its legal or commercial position.
(B) Party B makes the following representation(s): None.
Appears in 4 contracts
Samples: Isda Master Agreement (Residential Asset Securitization Trust 2007-A5), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2007-He2), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-Ac3)
Payer Representations. For the purpose of Section 3(e) of this Agreement, each of BSFP and the Counterparty will make party makes the following representationsrepresentation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e) of this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on:
on (i) the accuracy of any representations made by the other party pursuant to Section 3(f) of this Agreement;
, (ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement; and
Agreement and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement, provided that it shall not be a breach of this representation where reliance is placed on clause (ii) and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice to its legal or commercial position.
Appears in 4 contracts
Samples: Isda Master Agreement, Isda Master Agreement (Barnes Group Inc), Isda Master Agreement (American Reprographics CO)
Payer Representations. For the purpose of Section 3(e) of this Agreement, each of BSFP and the Counterparty will make the following representations: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e) of this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on:
(i) the accuracy of any representations made by the other party pursuant to Section 3(f) of this Agreement;
(ii) the satisfaction of the agreement contained in Section 4(a)(iii) of this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(iii) of this Agreement; and
(iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement, provided that it shall not be a breach of this representation where reliance is placed on clause (ii) and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice to its legal or commercial position.. HomeBanc Mortgage Trust 2005-1 by, U.S. Bank National Association, not individually but solely as Administrator under the Administration Agreement, dated as of February 1, 2005, on behalf of HomeBanc Mortgage Trust 2005-1, Mortgage-Backed Notes February 23, 2005
Appears in 3 contracts
Samples: Fixed Income Derivatives Confirmation and Agreement (HMB Acceptance Corp.), Fixed Income Derivatives Confirmation and Agreement (HMB Acceptance Corp.), Fixed Income Derivatives Confirmation and Agreement (HMB Acceptance Corp.)
Payer Representations. For the purpose of Section 3(e) of this Agreement, Party A and Party B each of BSFP and the Counterparty will make makes the following representationsrepresentation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e9(h) of this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on:
on (i) the accuracy of any representations made by the other party pursuant to Section 3(f) of this Agreement;
, (ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement; and
Agreement and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement, provided except that it shall will not be a breach of this representation where reliance is placed on clause (ii) above and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice to its legal or commercial position.
Appears in 3 contracts
Samples: Isda Master Agreement (Eastern Co), 2002 Master Agreement (Techprecision Corp), 2002 Master Agreement (Cpi Aerostructures Inc)
Payer Representations. For the purpose of Section 3(e) of this the ISDA Agreement, each of BSFP Party A and the Counterparty Party B will make the following representations: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e) of this the Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on:
(i) the accuracy of any representations made by the other party pursuant to Section 3(f) of this the Agreement;
(ii) the satisfaction of the agreement contained in Section 4(a)(iii) of this the Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(iii) of this the Agreement; and
(iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this the Agreement, provided that it shall not be a breach of this representation where reliance is placed on clause (ii) and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice to its legal or commercial position.
Appears in 3 contracts
Samples: Swap Agreement (RAMP Series 2006-Efc2 Trust), Confirmation Swap Agreement (RAMP Series 2007-Rs1 Trust), Confirmation Swap Agreement (RAMP Series 2007-Rs1 Trust)
Payer Representations. For the purpose of Section 3(e) of this Agreement, Party A and Party B each of BSFP and the Counterparty will make the following representationsrepresentation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e9(h) of this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on:
on (i) the accuracy of any representations made by the other party pursuant to Section 3(f) of this Agreement;
, (ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement; and
Agreement and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement, provided except that it shall will not be a breach of this representation where reliance is placed on clause (ii) above and the other party does not deliver a form or document under Section 4(a)(iii) of this Agreement by reason of material prejudice to its legal or commercial position.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Payer Representations. For the purpose of Section 3(e) of this Agreement, each of BSFP and the Counterparty will make : Party A makes the following representationsrepresentation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e) of this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on:
(i) : the accuracy of any representations made by the other party pursuant to Section 3(f) of this Agreement;
; (ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement; and
and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement, provided that it shall not be a breach of this representation where reliance is placed on clause (ii) and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice to its legal or commercial position.
Appears in 2 contracts
Samples: Fixed Income Derivatives Confirmation (IndyMac INDX Mortgage Loan Trust 2007-Flx4), Fixed Income Derivatives Confirmation (IndyMac INDX Mortgage Loan Trust 2007-Flx4)
Payer Representations. For the purpose of Section 3(e) of this Agreement, each of BSFP Party A and the Counterparty will make Party B makes the following representationsrepresentation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e9(h) of this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on:
on (i) the accuracy of any representations made by the other party pursuant to Section 3(f) of this Agreement;
, (ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement; and
Agreement and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement, provided except that it shall will not be a breach of this representation where reliance is placed on clause (ii) above and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice to its legal or commercial position.
Appears in 2 contracts
Samples: Second Amendment Agreement (Residential Capital, LLC), Master Agreement (Residential Capital, LLC)
Payer Representations. For the purpose of Section 3(e) of this Agreement, Party A and Party B each of BSFP and the Counterparty will make the following representationsrepresentation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e9(h) of this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on:
on (i) the accuracy of any representations made by the other party pursuant to Section 3(f) of this Agreement;
, (ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement; and
Agreement and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement, provided that it shall not be a breach of this representation where reliance is placed on clause (ii) and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Samples: 2002 Master Agreement
Payer Representations. For the purpose of Section 3(e) of this Agreement, : Party A and Party B each of BSFP and the Counterparty will make the following representations: representation. It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e9(h) of this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on:
on (i) the accuracy of any representations made by the other party pursuant to Section 3(f) of this Agreement;
, (ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement; and
Agreement and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement, provided except that it shall will not be a breach of this representation where reliance is placed on clause (ii) above and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Payer Representations. For the purpose of Section 3(e) of this Agreement), each of BSFP Party A and the Counterparty Party B will make the following representationsrepresentation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, authority of any Relevant Jurisdiction jurisdiction to make any deduction or withholding for or on account of any Tax tax from any payment (other than interest under Section Sections 2(e), 6(d)(ii) or 6(e) of this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on:on:-
(i) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of this Agreement);
(ii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or 4(a)(iii) of this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement); and
(iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement, provided that it shall not be a breach of this representation where reliance is placed on clause (ii) and the other party does not deliver a form or document under Section 4(a)(iii4 (a) (iii) by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Payer Representations. For the purpose of Section 3(e) of this Agreementthe ISDA Form, each of BSFP Party A and the Counterparty Party B will make the following representations: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e) of this the Agreement) to be made by it to the other party under this the Agreement. In making this representation, it may rely on:
(i) the accuracy of any representations made by the other party pursuant to Section 3(f) of this the Agreement;
(ii) the satisfaction of the agreement contained in Section 4(a)(iii) of this the Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(iii) of this the Agreement; and
(iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this the Agreement, provided that it shall not be a breach of this representation where reliance is placed on clause (ii) and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Payer Representations. For the purpose of Section 3(e) of this Agreement, Party A and Party B each of BSFP and the Counterparty will make the following representations: representation:β It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e9(h) of this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on:
(i) the accuracy of any representations made by the other party pursuant to Section 3(f) of this Agreement;
(ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement; and
(iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement, provided except that it shall will not be a breach of this representation where reliance is placed on clause (ii) above and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Payer Representations. For the purpose of Section 3(e) of this Agreement, each of BSFP and the Counterparty will make party makes the following representationsrepresentation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e) of this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on:
on (i) the accuracy of any representations made by the other party pursuant to Section 3(f) of this Agreement;
, (ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement; and
Agreement and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement, ; provided that it shall not be a breach of this representation where reliance is placed on clause (ii) and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Payer Representations. For the purpose purposes of Section 3(e) of this Agreement, each of BSFP and the Counterparty will make party makes the following representationsrepresentation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e) of this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on:
on (i) the accuracy of any representations made by the other party pursuant to Section 3(f) of this Agreement;
; (ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement; and
and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement, provided that it shall not be a breach of this representation where reliance is placed on clause (ii) and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Samples: Master Agreement (Philippine Long Distance Telephone Co)
Payer Representations. For the purpose of Section 3(e) of this Agreement, each of BSFP Party A and the Counterparty Party B will make the following representations: representation:- It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, authority of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e9(h) of this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on:
on (i) the accuracy of any representations made by the other party pursuant to Section 3(f) of this Agreement;
, (ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement; and
Agreement and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement, provided except that it shall will not be a breach of this representation where reliance is placed on clause (ii) above and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Payer Representations. For the purpose of Section 3(e) of this Agreement, Party A and Party B each of BSFP and the Counterparty will make makes the following representationsrepresentation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e9(h) of this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on:
on (i) the accuracy of any representations made by the other party pursuant to Section 3(f3(1) or 3(g) of this Agreement;
, (ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement; and
Agreement and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement, provided except that it shall will not be a breach of this representation where reliance is placed on clause (ii) above and the other party does not deliver a form or document under Section 4(a)(iii) of this Agreement by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Payer Representations. For the purpose of Section 3(e) of this Agreement, Party A and Party B each of BSFP and the Counterparty will make the following representationsrepresentation: -
(i) It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e9(h) of this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on:
on (i) the accuracy of any representations made by the other party pursuant to Section 3(f) of this Agreement;
, (ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement; and
Agreement and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement, provided except that it shall will not be a breach of this representation where reliance is placed on clause (ii) above and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Payer Representations. For the purpose of Section 3(e) of this Agreement, the Master Agreement Party A and Party B each of BSFP and the Counterparty will make the following representationsrepresentation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e9(h) of this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on:
on (i) the accuracy of any representations made by the other party pursuant to Section 3(f) of this Agreement;
; (ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement; and
and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement, provided except that it shall will not be a breach of this representation where reliance is placed on clause (ii) above and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Samples: Isda Master Agreement
Payer Representations. For the purpose of Section 3(e) of this Agreement), each of BSFP Party A and the Counterparty Party B will make the following representationsrepresentation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, authority of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax tax from any payment (other than interest under Section Sections 2(e), 6(d)(ii) or 6(e) of this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on:on:-
(i) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of this Agreement;
); (ii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or 4(a)(iii) of this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement); and
and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement), provided that it shall not be a breach of this representation where reliance is placed on clause (ii) and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Payer Representations. For the purpose of Section 3(e) of this Agreement, Party A and Party B each of BSFP and the Counterparty will make the following representationsrepresentation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e9(h) of this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on:
(i) the accuracy of any representations made by the other party pursuant to Section 3(f) of this Agreement;
(ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement; and
(iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement, provided that it shall not be a breach of this representation where reliance is placed on clause (ii) and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Samples: 2002 Master Agreement (Cross Country Healthcare Inc)
Payer Representations. For the purpose of Section 3(e) of this Agreement, each of BSFP Party A and the Counterparty Party B will make the following representationsrepresentation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e) of this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on:
(i) on the accuracy of any representations made by the other party pursuant to Section 3(f) of this Agreement;
(ii) , the satisfaction of the agreement of the other party contained in Section section 4(a)(i) or 4(a)(iii) of this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement; and
(iii) Agreement and the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement, provided that it shall not be a breach of this representation where reliance is placed on clause (ii) and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Payer Representations. For the purpose purposes of Section 3(e) of this Agreement), each of BSFP Party A and the Counterparty will make Party B makes the following representationsrepresentation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e9(h) of this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on:
on (i) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of this Agreement;
; (ii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or 4(a)(iii) of this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement; and
and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement, provided ; except that it shall not be a breach of this representation where reliance is placed on clause Clause (ii) above and the other party does not deliver a form form, document or document certificate under Section 4(a)(iii) by reason of material prejudice to its legal or commercial position.
Appears in 1 contract
Samples: Isda Master Agreement (NextEra Energy Partners, LP)
Payer Representations. For the purpose of Section 3(e) of this Agreement), each of BSFP Party A and the Counterparty Party B will make the following representations: representation:- It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, authority of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax tax from any payment (other than interest under Section Sections 2(e), 6(d)(ii) or 6(e) of this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on:
(i) the accuracy of any representations representation made by the other party pursuant to Section 3(f) of this Agreement);
(ii) the satisfaction of the agreement of the other party contained in Section 4(a)(i) or 4(a)(iii) of this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement); and
(iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement), provided that it shall not be a breach of this representation where reliance is placed on clause (ii) and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice to its legal or commercial position.
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Samples: Isda Master Agreement (New America High Income Fund Inc)
Payer Representations. For the purpose of Section 3(e) of this Agreement, Party A and Party B each of BSFP and the Counterparty will make makes the following representationsrepresentation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e9(h) of this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on:
on (i) the accuracy of any representations made by the other party pursuant to Section 3(f) or 3(g) of this Agreement;
, (ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement; and
Agreement and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement, provided except that it shall will not be a breach of this representation where reliance is placed on clause (ii) above and the other party does not deliver a form or document under Section 4(a)(iii) of this Agreement by reason of material prejudice to its legal or commercial position.
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Payer Representations. For the purpose purposes of Section 3(e) of this Agreement, each of BSFP and the Counterparty will make : Each party makes the following representationsrepresentation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e2 (e), 6(d)(ii) or 6(e) of this Agreement) to be made by it to the other party under this Agreementagreement. In making this representation, it may rely on:
on (ix) the accuracy of any representations made by the other party pursuant to Section 3(f) of this Agreement;
, (iiy) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement; and
Agreement and (iiiz) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement, Agreement provided that it shall not be a breach of this representation where reliance is placed on clause (iiy) and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice to its legal or commercial position.
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Samples: Isda Schedule to the Master Agreement (Met Pro Corp)
Payer Representations. For the purpose purposes of Section 3(e) of this Agreement), each of BSFP Party A and the Counterparty will make the following representationsParty B represents as follows: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction Jurisdiction, to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e) of this Agreement)) to be made by it to the other party under this the Agreement. In making this representation, it may rely on:
on (i) the accuracy of any representations representations, if any, made by the other party pursuant to Section 3(f) of this Agreement;
), (ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement; and
), and (iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement), provided that it shall not be a breach of this representation where reliance is placed on clause Clause (ii) above and the other party does not deliver a form form, document or document certificate under Section 4(a)(iii) by reason of material prejudice to its legal or commercial position.
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Payer Representations. For the purpose of Section 3(e) of this Agreement, each of BSFP and the Counterparty Party A will make the following representationsrepresentation and Party B will make the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue authority, of any Relevant Jurisdiction to make any deduction or withholding for or on account of any Tax from any payment (other than interest under Section 2(e), 6(d)(ii) or 6(e9 (h) of this Agreement) to be made by it to the other party under this Agreement. In making this representation, it may rely on:
(i) the accuracy of any representations made by the other party pursuant to Section 3(f) of this Agreement;,
(ii) the satisfaction of the agreement contained in Section 4(a)(i) or 4(a)(iii) of this Agreement and the accuracy and effectiveness of any document provided by the other party pursuant to Section 4(a)(i) or 4(a)(iii) of this Agreement; , and
(iii) the satisfaction of the agreement of the other party contained in Section 4(d) of this Agreement, provided that it shall not be a breach of this representation where reliance is placed on clause (ii) and the other party does not deliver a form or document under Section 4(a)(iii) by reason of material prejudice to its legal or commercial position.
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