Common use of Representations and Warranties of Member Clause in Contracts

Representations and Warranties of Member. Member represents and warrants that: (a) it has the power and capacity to enter into, and perform its obligations under, this Member Agreement and all necessary corporate and other actions and approvals have been taken or obtained to authorize the execution and delivery of this Member Agreement by Member and the performance of its obligations hereunder; (b) this Member Agreement is a valid and binding obligation of Member, enforceable against Member in accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency and other applicable laws affecting the rights of creditors generally and except that equitable remedies may be granted only in the discretion of a court of competent jurisdiction; (c) it is, and during the term of this Agreement will be, a dealer member in good standing of IIROC and will promptly notify the Exchange if it ceases to be so qualified; (d) it has obtained any consents as may be reasonably required from its clients; (e) it has received and reviewed the Trading Policies and will use reasonable efforts to ensure that it has, and enforces, procedures to monitor changes thereto; (f) it will be bound by, and will only use the Services and access the Exchange Systems in compliance with, the Exchange Requirements; (g) it has the authority, pursuant to all applicable laws and regulations, including the Exchange Requirements, to engage in the activities contemplated by this Member Agreement and will promptly notify the Exchange if it ceases to be so authorized; and (h) it has notified each Person for whom personal information has been or is being collected, used and disclosed to the Exchange: (i) that such personal information is being collected, used and disclosed for the purposes of this Member Agreement and the administration and enforcement of the Exchange Requirements and such Person has authorized such collection, use and disclosure; and (ii) of information regarding how to obtain the title, business address and business telephone number of the privacy officer at the Exchange who can answer questions about the Exchange’s collection, use and disclosure of such personal information.

Representations and Warranties of Member. Member represents and warrants that: (a) it has the power and capacity to enter into, and perform its obligations under, this Member Agreement and all necessary corporate and other actions and approvals have been taken or obtained to authorize the execution and delivery of this Member Agreement by Member and the performance of its obligations hereunder; (b) this Member Agreement is a valid and binding obligation of Member, enforceable against Member in accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency and other applicable laws affecting the rights of creditors generally and except that equitable remedies may be granted only in the discretion of a court of competent jurisdiction; (c) it is, and during the term of this Agreement will be, a dealer member in good standing of IIROC the Canadian Investment Regulatory Organization (“XXXX”) and will promptly notify the Exchange if it ceases to be so qualified; (d) it has obtained any consents as may be reasonably required from its clients; (e) it has received and reviewed the Trading Policies and will use reasonable efforts to ensure that it has, and enforces, procedures to monitor changes thereto; (f) it will be bound by, and will only use the Services and access the Exchange Systems in compliance with, the Exchange Requirements; (g) it has the authority, pursuant to all applicable laws and regulations, including the Exchange Requirements, to engage in the activities contemplated by this Member Agreement and will promptly notify the Exchange if it ceases to be so authorized; and (h) it has notified each Person for whom personal information has been or is being collected, used used, and disclosed to the Exchange: (i) that such personal information is being collected, used used, and disclosed for the purposes of this Member Agreement and the administration and enforcement of the Exchange Requirements and such Person has authorized such collection, use use, and disclosure; and (ii) of information regarding how to obtain the title, business address address, and business telephone number of the privacy officer at the Exchange who can answer questions about the Exchange’s collection, use use, and disclosure of such personal information.

Representations and Warranties of Member. Member represents and warrants that: (a) it has the power and capacity to enter into, and perform its obligations under, this Member Agreement and all necessary corporate and other actions and approvals have been taken or obtained to authorize the execution and delivery of this Member Agreement by Member and the performance of its obligations hereunder; (b) this Member Agreement is a valid and binding obligation of Member, enforceable against Member in accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency and other applicable laws affecting the rights of creditors generally and except that equitable remedies may be granted only in the discretion of a court of competent jurisdiction; (c) it is, and during the term of this Agreement will be, a dealer member in good standing of IIROC the Canadian Investment Regulatory Organization (“XXXX”) and will promptly notify the Exchange if it ceases to be so qualified; (d) it has obtained any consents as may be reasonably required from its clients; (e) it has received and reviewed the Trading Policies and will use reasonable efforts to ensure that it has, and enforces, procedures to monitor changes thereto; (f) it will be bound by, and will only use the Services and access the Exchange Systems in compliance with, the Exchange Requirements; (g) it has the authority, pursuant to all applicable laws and regulations, including the Exchange Requirements, to engage in the activities contemplated by this Member Agreement and will promptly notify the Exchange if it ceases to be so authorized; and (h) it has notified each Person for whom personal information has been or is being collected, used and disclosed to the Exchange: (i) that such personal information is being collected, used and disclosed for the purposes of this Member Agreement and the administration and enforcement of the Exchange Requirements and such Person has authorized such collection, use and disclosure; and (ii) of information regarding how to obtain the title, business address and business telephone number of the privacy officer at the Exchange who can answer questions about the Exchange’s collection, use and disclosure of such personal information.

Representations and Warranties of Member. Member represents and warrants that: (a) it has the power and capacity to enter into, and perform its obligations under, this Member Agreement and all necessary corporate and other actions and approvals have been taken or obtained to authorize the execution and delivery of this Member Agreement by Member and the performance of its obligations hereunder; (b) this Member Agreement is a valid and binding obligation of Member, enforceable against Member in accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency and other applicable laws affecting the rights of creditors generally and except that equitable remedies may be granted only in the discretion of a court of competent jurisdiction; (c) it is, and during the term of this Agreement will be, a dealer member in good standing of IIROC the Canadian Investment Regulatory Organization (“CIRO”) and will promptly notify the Exchange if it ceases to be so qualified; (d) it has obtained any consents as may be reasonably required from its clients; (e) it has received and reviewed the Trading Policies and will use reasonable efforts to ensure that it has, and enforces, procedures to monitor changes thereto; (f) it will be bound by, and will only use the Services and access the Exchange Systems in compliance with, the Exchange Requirements; (g) it has the authority, pursuant to all applicable laws and regulations, including the Exchange Requirements, to engage in the activities contemplated by this Member Agreement and will promptly notify the Exchange if it ceases to be so authorized; and (h) it has notified each Person for whom personal information has been or is being collected, used used, and disclosed to the Exchange: (i) that such personal information is being collected, used used, and disclosed for the purposes of this Member Agreement and the administration and enforcement of the Exchange Requirements and such Person has authorized such collection, use use, and disclosure; and (ii) of information regarding how to obtain the title, business address address, and business telephone number of the privacy officer at the Exchange who can answer questions about the Exchange’s collection, use use, and disclosure of such personal information.