Common use of Purchase Permitted By Applicable Law, Etc Clause in Contracts

Purchase Permitted By Applicable Law, Etc. On the date of the Closing such Initial Purchaser’s purchase of Initial Notes shall (a) be permitted by the laws and regulations of each jurisdiction to which such Initial Purchaser is subject, without recourse to provisions (such as section 1405(a)(8) of the New York Insurance Law) permitting limited investments by insurance companies without restriction as to the character of the particular investment, (b) not violate any applicable law or regulation (including, without limitation, Regulation T, U or X of the Board of Governors of the Federal Reserve System) and (c) not subject such Initial Purchaser to any Tax, penalty or liability under or pursuant to any applicable law or regulation, which applicable law or regulation was not in effect on the date hereof. If requested by such Initial Purchaser, such Initial Purchaser shall have received an Officer’s Certificate certifying as to such matters of fact relating to the Obligors as such Initial Purchaser may reasonably specify to enable such Initial Purchaser to determine whether such purchase is so permitted.

Purchase Permitted By Applicable Law, Etc. On the date of the Closing such Initial Purchaser’s purchase of Initial Notes shall (a) be permitted by the laws and regulations of each jurisdiction to which such Initial Purchaser is subject, without recourse to provisions (such as section 1405(a)(8) of the New York Insurance Law) permitting limited investments by insurance companies without restriction as to the character of the particular investment, (b) not violate any applicable law or regulation (including, without limitation, Regulation T, U or X of the Board of Governors of the Federal Reserve System) assuming the required preparation, execution, delivery and filing of the applicable Federal Reserve Board forms (such as Forms U-l and G-l through 4) and (c) not subject such Initial Purchaser to any Taxtax, penalty or liability under or pursuant to any applicable law or regulation, which applicable law or regulation was not in effect on the date hereof. If requested by such Initial Purchaser, such Initial Purchaser shall have received an Officer’s Certificate certifying as to such matters of fact relating to the Obligors as such Initial Purchaser may reasonably specify to enable such Initial Purchaser to determine whether such purchase is so permitted.

Purchase Permitted By Applicable Law, Etc. On the date of the Closing such Initial Purchaser’s purchase of Initial the Series 2023 Notes shall (a) be permitted by the laws and regulations of each jurisdiction to which such Initial Purchaser is subject, without recourse to provisions (such as section 1405(a)(8) of the New York Insurance Law) permitting limited investments by insurance companies without restriction as to the character of the particular investment, (b) not violate any applicable law or regulation (including, without limitation, Regulation T, U or X of the Board of Governors of the Federal Reserve System) (assuming the preparation, execution, delivery and filing of the applicable Federal Reserve Board forms, if required) and (c) not subject such Initial Purchaser to any Taxtax, penalty or liability under or pursuant to any applicable law or regulation, which applicable law or regulation was not in effect on the date hereof. If requested by such Initial Purchaser, such Initial Purchaser shall have received an Officer’s Certificate certifying as to such matters of fact relating to the Obligors as such Initial Purchaser may reasonably specify to enable such Initial Purchaser to determine whether such purchase is so permitted.. Exhibit A (to Second Supplement)

Purchase Permitted By Applicable Law, Etc. On the date of the Closing such Initial Purchaser’s purchase of Initial Notes shall (a) be permitted by the laws and regulations of each jurisdiction to which such Initial Purchaser is subject, without recourse to provisions (such as section 1405(a)(8) of the New York Insurance Law) permitting limited investments by insurance companies without restriction as to the character of the particular investment, (b) not violate any applicable law or regulation (including, without limitation, Regulation T, U or X of the Board of Governors of the Federal Reserve System) assuming the required preparation, execution, delivery and filing of the applicable Federal Reserve Board forms (such as Forms U-1 and G-1 through 4) and (c) not subject such Initial Purchaser to any Taxtax, penalty or liability under or pursuant to Xxxxx Xxxxxxxx Midstream/Energy Fund, Inc. Note Purchase Agreement any applicable law or regulation, which applicable law or regulation was not in effect on the date hereof. If requested by such Initial Purchaser, such Initial Purchaser shall have received an Officer’s Certificate certifying as to such matters of fact relating to the Obligors as such Initial Purchaser may reasonably specify to enable such Initial Purchaser to determine whether such purchase is so permitted.

Purchase Permitted By Applicable Law, Etc. On the date of the Closing Closing, such Initial Purchaser’s Purchaser shall have determined that its purchase of Initial Notes shall (a) be permitted by the laws and regulations of each jurisdiction to which such Initial Purchaser is subject, without recourse to provisions (such as section 1405(a)(8) of the New York Insurance Law) permitting limited investments by insurance companies without restriction as to the character of the particular investment, (b) not violate any applicable law or regulation (including, without limitation, Regulation T, U or X of the Board of Governors of the Federal Reserve System) and (c) not subject such Initial Purchaser to any Taxtax, penalty or liability under or pursuant to any applicable law or regulation, which applicable law or regulation was not in effect on the date hereofof this Agreement. If requested by such Initial Purchaser, such Initial Purchaser shall have received an Officer’s Certificate from the Issuer certifying as to such matters of fact relating to the Obligors as such Initial Purchaser may reasonably specify to enable such Initial Purchaser to determine whether such purchase is so permitted.

Purchase Permitted By Applicable Law, Etc. On the date of the such Closing such Initial Purchaser’s purchase of Initial Notes shall (a) be permitted by the laws and regulations of each jurisdiction to which such Initial Purchaser is subject, without recourse to provisions (such as section 1405(a)(8) of the New York Insurance Law) permitting limited investments by insurance companies without restriction as to the character of the particular investment, (b) not violate any applicable law or regulation (including, without limitation, Regulation T, U or X of the Board of Governors of the Federal Reserve System) assuming the required preparation, execution, delivery and filing of the applicable Federal Reserve Board forms (such as Forms U-1 and G-1 through 4) and (c) not subject such Initial Purchaser to any Taxtax, penalty or liability under or pursuant to any applicable law or regulation, which applicable law or regulation was not in effect on the date hereof. If requested by such Initial Purchaser, such Initial Purchaser shall have received an Officer’s Certificate certifying as to such matters of fact relating to the Obligors as such Initial Purchaser may reasonably specify to enable such Initial Purchaser to determine whether such purchase is so permitted.

Purchase Permitted By Applicable Law, Etc. On the date of the Closing such Initial Purchaser’s purchase of Initial Notes shall (a) be permitted by the laws and regulations of each jurisdiction to which such Initial Purchaser is subject, without recourse to provisions (such as section Section 1405(a)(8) of the New York Insurance Law) permitting limited investments by insurance companies without restriction as to the character of the particular investment, (b) not violate any applicable law or regulation (including, without limitation, Regulation T, U or X of the Board of Governors of the Federal Reserve System) assuming the required preparation, execution, delivery and filing of the applicable Federal Reserve Board forms (such as Forms U-1 and G-1 through 4) and (c) not subject such Initial Purchaser to any Taxtax, penalty or liability under or pursuant to any applicable law or regulation, which applicable law or regulation was not in effect on the date hereof. If requested by such Initial Purchaser, such Initial Purchaser shall have received an Officer’s Certificate certifying as to such matters of fact relating to the Obligors as such Initial Purchaser may reasonably specify to enable such Initial Purchaser to determine whether such purchase is so permitted.

Purchase Permitted By Applicable Law, Etc. On the date of the Closing such Initial Purchaser’s 's purchase of Initial the Series 2017 Notes shall (a) be permitted by the laws and regulations of each jurisdiction to which such Initial Purchaser is subject, without recourse to provisions (such as section 1405(a)(8) of the New York Insurance Law) permitting limited investments by insurance companies without restriction as to the character of the particular investment, (b) not violate any applicable law or regulation (including, without limitation, Regulation T, U or X of the Board of Governors of the Federal Reserve System) (assuming the preparation, execution, delivery and filing of the applicable Federal Reserve Board forms, if required) and (c) not subject such Initial Purchaser to any Taxtax, penalty or liability under or pursuant to any applicable law or regulation, which applicable law or regulation was not in effect on the date hereof. If requested by such Initial Purchaser, such Initial Purchaser shall have received an Officer’s 's Certificate certifying as to such matters of fact relating to the Obligors as such Initial EXHIBIT A (to First Supplement) Purchaser may reasonably specify to enable such Initial Purchaser to determine whether such purchase is so permitted.

Purchase Permitted By Applicable Law, Etc. On the date Closing Date, such Purchaser shall have received evidence in form and substance satisfactory to such Purchaser that all material Approvals necessary as of the Closing Date for the transactions contemplated under this Agreement and the other Transaction Documents then required to be issued or obtained, shall have been issued or duly obtained and are in full force and effect, not subject to appeal. On the Closing Date, such Initial Purchaser’s purchase of Initial Notes shall (ai) be permitted by the laws and regulations of each jurisdiction to which such Initial Purchaser is subject, without recourse to provisions (such as section Section 1405(a)(8) of the New York Insurance Law) permitting limited investments by insurance companies without restriction as to the character of the particular investment, (bii) not violate any applicable law or regulation (including, without limitation, Regulation Regulation, T, U or X of the Board of Governors of the Federal Reserve System) and (ciii) not subject such Initial Purchaser to any Taxtax, penalty or liability under or pursuant to any applicable law or regulation, which applicable law or regulation was not in effect on the date hereof. If requested by such Initial Purchaser, such Initial Purchaser shall have received an Officer’s Certificate certifying as to such matters of fact relating to the Obligors as such Initial Purchaser may reasonably specify to enable such Initial Purchaser to determine whether such purchase is so permitted.

Purchase Permitted By Applicable Law, Etc. On the date of the Closing Closing, such Initial Purchaser’s Purchaser shall have determined that its purchase of Initial Notes shall (a) be permitted by the laws and regulations of each jurisdiction to which such Initial Purchaser is subject, without recourse to provisions (such as section 1405(a)(8) of the New York Insurance Law) permitting limited investments by insurance companies without restriction as to the character of the particular investment, (b) not violate any applicable law or regulation (including, without limitation, including Regulation T, U or X of the Board of Governors of the Federal Reserve System) and (c) not subject such Initial Purchaser to any Taxtax, penalty or liability under or pursuant to any applicable law or regulation, which applicable law or regulation was not in effect on the date hereofof this Agreement. If requested by such Initial Purchaser, such Initial Purchaser shall have received an Officer’s Certificate from the Issuer certifying as to such matters of fact relating to the Obligors as such Initial Purchaser may reasonably specify to enable such Initial Purchaser to determine whether such purchase is so permitted.

Purchase Permitted By Applicable Law, Etc. On the date of the Closing such Initial Purchaser’s purchase of Initial Notes shall (a) be permitted by the laws and regulations of each jurisdiction to which such Initial Purchaser is subject, without recourse to provisions (such as section 1405(a)(8) of the New York Insurance Law) permitting limited investments by insurance companies without restriction as to the character of the particular investment, (b) not violate any applicable law or regulation (including, without limitation, Regulation T, U or X of the Board of Governors of the Federal Reserve System) assuming the required preparation, execution, delivery and filing of the applicable Federal Reserve Board forms (such as Forms U-1 and G-l through 4) and (c) not subject such Initial Purchaser to any Taxtax, penalty or liability under or pursuant to any applicable law or regulation, which applicable law or regulation was not in effect on the date hereof. If requested by such Initial Purchaser, such Initial Purchaser shall have received an Officer’s Certificate certifying as to such matters of fact relating to the Obligors as such Initial Purchaser may reasonably specify to enable such Initial Purchaser to determine whether such purchase is so permitted.. Highland Credit Strategies Fund Note Purchase Agreement

Purchase Permitted By Applicable Law, Etc. On the date of the Closing such Initial Purchaser’s purchase of Initial Notes MRP Shares shall (a) be permitted by the laws and regulations of each jurisdiction to which such Initial Purchaser is subject, without recourse to provisions (such as section 1405(a)(8) of the New York Insurance Law) permitting limited investments by insurance companies without restriction as to the character of the particular investment, (b) not violate any applicable law or regulation (including, without limitation, Regulation T, U or X of the Board of Governors of the Federal Reserve System) assuming the required preparation, execution, delivery and filing of the applicable Federal Reserve Board forms (such as Forms U-1 and G-1 through 4) and (c) not subject such Initial Purchaser to any Taxtax, penalty or liability under or pursuant to any applicable law or regulation, which applicable law or regulation was not in effect on the date hereof. If requested by such Initial Purchaser, such Initial Purchaser shall have received an Officer’s Certificate certifying as to such matters of fact relating to the Obligors as such Initial Purchaser may reasonably specify to enable such Initial Purchaser to determine whether such purchase is so permitted.. Xxxxx Xxxxxxxx Energy Infrastructure Fund, Inc. Securities Exchange Agreement