Common use of Representations and Warranties of each Lender Clause in Contracts

Representations and Warranties of each Lender. Each Lender (for itself, and not for any other Lender) represents and warrants to the L/C Issuers, the Co-Obligors and the Co-Obligors’ Agent: (a) Purchase for Investment. Such Lender is an institutional “accredited investor” within the meaning of subparagraphs (1), (2), (3) or (7) of Rule 501(a) promulgated under the Securities Act. Such Lender represents that it is purchasing its Participation in this Agreement, its Credit-Linked Note and its Term Notes, if any, for its own account or for one or more separate accounts maintained by it or for the account of one or more pension or trust funds and not with a view to the distribution thereof, provided that the disposition of its or their property shall at all times be within its or their control. Such Lender understands that the Credit-Linked Notes and Term Notes have not been registered under the Securities Act and may be resold only if registered pursuant to the provisions of the Securities Act or if an exemption from registration is available, except under circumstances where neither such registration nor such an exemption is required by law, and that the L/C Issuers, the Administrative Agent, the Co-Obligors and the Company are not required to register the Credit-Linked Notes and Term Notes.

Representations and Warranties of each Lender. Each Lender (for itself, and not for any other Lender) represents and warrants to the L/C Issuers, the Co-Obligors Issuer and the Co-Obligors’ AgentCompany: (a) Purchase for Investment. Such Lender is an institutional “accredited investor” within the meaning of subparagraphs (1), (2), (3) or (7) of Rule 501(a) promulgated under the Securities Act. Such Lender represents that it is purchasing its Participation in this Agreement, its Credit-Letter of Credit Linked Note and its Term Notes, if any, for its own account or for one or more separate accounts maintained by it or for the account of one or more pension or trust funds and not with a view to the distribution thereof, provided that the disposition of its or their property shall at all times be within its or their control. Such Lender understands that the Credit-Letter of Credit Linked Notes and Term Notes have not been registered under the Securities Act and may be resold only if registered pursuant to the provisions of the Securities Act or if an exemption from registration is available, except under circumstances where neither such registration nor such an exemption is required by law, and that the L/C IssuersIssuer, the Administrative Agent, the Co-Obligors Agent and the Company are not required to register the Credit-Letter of Credit Linked Notes and Term Notes.