Representation of the Underwriter Sample Clauses

Representation of the Underwriter. The Underwriter represents --------------------------------- and warrants to, and agrees with, the Bank that (w) it has only issued or passed on and shall only issue or pass on in the United Kingdom any document received by it in connection with the issue of the Certificates to a person who is of a kind described in Article 11(3) of the Financial Services Act 1986 (Investment Advertisements) (Exemptions) Order 1996 (as amended) or who is a person to whom the document may otherwise lawfully be issued or passed on, (x) it has complied and shall comply with all applicable provisions of the Financial Services Act 1986 and other applicable laws and regulations with respect to anything done by it in relation to the Certificates in, from or otherwise involving the United Kingdom and (y) if the Underwriter is an authorized person under the Financial Services Act 1986, it has only promoted and shall only promote (as that term is defined in Regulation 1.02 of the Financial Services (Promotion of Unregulated Schemes) Regulations 1991) to any person in the United Kingdom the scheme described in the Prospectus if that person is of a kind described either in Section 76(2) of the Financial Services Act 1986 or in Regulation 1.04 of the Financial Services (Promotion of Unregulated Schemes) Regulations 1991.

Representation of the Underwriter. The Representative will act for the Underwriter in connection with this financing, and any action under this Agreement taken by the Representative will be binding upon the Underwriter.

Representation of the Underwriter. The Underwriter hereby represents and warrants to the Company that it and its affiliates, collectively, beneficially own less than 9.9% of the Company's outstanding Common Shares. CLOSING DATE AND LOCATION: February 18, 1998 ▇▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇▇▇▇, P.C., ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇. All the provisions contained in the document attached as ANNEX A hereto entitled "Equity Residential Properties Trust (a Maryland real estate investment trust) -- Common Shares of Beneficial Interest, Preferred Shares of Beneficial Interest and Depositary Shares -- Standard Underwriting Provisions," dated May 16, 1997 (the "Standard Underwriting Provisions"), are hereby incorporated by reference in their entirety herein and shall be deemed to be a part of this Terms Agreement to the same extent as if such provisions had been set forth in full herein. Terms defined in such document are used herein as therein defined.

Representation of the Underwriter. The Underwriter represents to the Company that on the Closing Date the Underwriter will deliver the Outstanding Notes to the Company free and clear of any pledge, lien, security interest, encumbrance or claim that the Underwriter created, permitted or imposed on the Outstanding Notes from September 17, 2001 to the Closing Date; and to the knowledge of the Underwriter, the Outstanding Notes to be delivered by the Underwriter pursuant to this Agreement were at the time acquired by the Underwriter free of any pledges, liens, security interests, encumbrances or claims; and the Underwriter has full power and authority to effect the delivery of the Outstanding Notes as contemplated by this Agreement.

Representation of the Underwriter. The Underwriter ---------------------------------- represents and warrants to, and agrees with, the Bank that (w) it has only issued or passed on and shall only issue or pass on in the United Kingdom any document received by it in connection with the issue of

Representation of the Underwriter. The Underwriter is registered as a municipal securities dealer under the Securities Exchange Act of 1934, as amended, and is a member in good standing of the Financial Industry Regulatory Authority and the Municipal Securities Rulemaking Board (the “MSRB”).