Common use of Representations and Warranties of the Customer Clause in Contracts

Representations and Warranties of the Customer. 4.1 The Customer hereby represents and warrants as of the date this Agreement come into effect and as of the date of each FX Transaction, (which representations and warranties the Customer acknowledges will be relied upon by RBCIS) that: (a) it has full power to enter into and to accept this Agreement and any other documentation relating to the provision of FX Services, and to perform its obligations thereunder; (b) all necessary approvals and consents and requirements necessary to permit the Customer to enter into and to accept this Agreement and any other documentation relating to the provision of FX Services and to perform its obligations thereunder, have been obtained or fulfilled, and such approvals and consents are in full force and effect and all conditions thereof have been complied with; (c) where applicable, all required disclosures have been made to the Customer’s unitholders or shareholders and/or underlying beneficiaries, the appropriate agencies, regulatory authorities and all other relevant parties in connection with the FX Services; (d) in respect of each FX Transaction: (i) the Customer is entering into each FX Transaction as principal and acting for its own account, and it has made its own independent decisions to enter into each FX Transaction and as to whether that FX Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisors as it has deemed necessary; (ii) the Customer is not relying on any communication (written or oral) from RBCIS as investment advice or as a recommendation to enter into such FX Transaction; it being understood that information and explanations related to the terms and conditions of a FX Transaction shall not be considered investment advice or a recommendation to enter into such FX Transaction and no communication (written or oral) received from RBCIS shall be deemed to be an assurance or guarantee as to the expected results of such FX Transaction; (iii) the Customer is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of such FX Transaction and it is also capable of assuming and assumes, the risks of such FX Transaction; and (iv) RBCIS is not acting as a fiduciary for or as an advisor to the Customer. (e) the Customer is not (and will not be while there are any FX Transactions outstanding) a “U.S. person” as that term is currently defined in the Final Exemptive Order Regarding Compliance with Certain Swap Regulations, 17 CFR Chapter 1 (December 21, 2012) proposed by the U.S. Commodity Futures Trading Commission; (f) this Agreement, any other documentation relating to the provision of FX Services and the Customer’s obligations thereunder do not and will not contravene or violate (i) any Applicable Regulations or (ii) any constating document, policy, guideline, contract or other document applicable to the Customer; and (g) it has received, read and agrees to all Annexes and Xxxxxxxxx as described herein that may be applicable to it. 4.2 The Customer shall advise RBCIS immediately should any of the above representations and warranties cease to be true.

Representations and Warranties of the Customer. 4.1 The Customer hereby represents and warrants as of the date this Agreement come into effect and as of the date of each FX Transaction, (which representations and warranties the Customer acknowledges will be relied upon by RBCIS) that: (a) it has full power to enter into and to accept this Agreement and any other documentation relating to the provision of FX Services, and to perform its obligations thereunder; (b) all necessary approvals and consents and requirements necessary to permit the Customer to enter into and to accept this Agreement and any other documentation relating to the provision of FX Services and to perform its obligations thereunder, have been obtained or fulfilled, and such approvals and consents are in full force and effect and all conditions thereof have been complied with; (c) where applicable, all required disclosures have been made to the Customer’s unitholders or shareholders and/or underlying beneficiaries, the appropriate agencies, regulatory authorities and all other relevant parties in connection with the FX Services; (d) in respect of each FX Transaction: (i) the Customer is entering into each FX Transaction as principal and acting for its own account, and it has made its own independent decisions to enter into each FX Transaction and as to whether that FX Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisors as it has deemed necessary; (ii) the Customer is not relying on any communication (written or oral) from RBCIS as investment advice or as a recommendation to enter into such FX Transaction; it being understood that information and explanations related to the terms and conditions of a FX Transaction shall not be considered investment advice or a recommendation to enter into such FX Transaction and no communication (written or oral) received from RBCIS shall be deemed to be an assurance or guarantee as to the expected results of such FX Transaction; (iii) the Customer is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of such FX Transaction and it is also capable of assuming and assumes, the risks of such FX Transaction; and (iv) RBCIS is not acting as a fiduciary for or as an advisor to the Customer. (e) the Customer is not (and will not be while there are any FX Transactions outstanding) a “U.S. person” as that term is currently defined in the Final Exemptive Order Regarding Compliance with Certain Swap Regulations, 17 CFR Chapter 1 (December 21, 2012) proposed by the U.S. Commodity Futures Trading Commission; (f) this Agreement, any other documentation relating to the provision of FX Services and the Customer’s obligations thereunder do not and will not contravene or violate (i) any Applicable Regulations or (ii) any constating document, policy, guideline, contract or other document applicable to the Customer; and (g) it has received, read and agrees to all Annexes and Xxxxxxxxx as described herein that may be applicable to it. 4.2 The Customer shall advise RBCIS immediately should any of the above representations and warranties cease to be true.

Representations and Warranties of the Customer. 4.1 The Customer hereby represents and warrants as of the date this Agreement come into effect and as of the date of each FX Transaction, (which representations and warranties the Customer acknowledges will be relied upon by RBCIS) that: (a) it has full power to enter into and to accept this Agreement and any other documentation relating to the provision of FX Services, and to perform its obligations thereunder; (b) all necessary approvals and consents and requirements necessary to permit the Customer to enter into and to accept this Agreement and any other documentation relating to the provision of FX Services and to perform its obligations thereunder, have been obtained or fulfilled, and such approvals and consents are in full force and effect and all conditions thereof have been complied with; (c) where applicable, all required disclosures have been made to the Customer’s unitholders or shareholders and/or underlying beneficiaries, the appropriate agencies, regulatory authorities and all other relevant parties in connection with the FX Services; (d) in respect of each FX Transaction: (i) the Customer is entering into each FX Transaction as principal and acting for its own account, and it has made its own independent decisions to enter into each FX Transaction and as to whether that FX Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisors as it has deemed necessary; (ii) the Customer is not relying on any communication (written or oral) from RBCIS as investment advice or as a recommendation to enter into such FX Transaction; it being understood that information and explanations related to the terms and conditions of a FX Transaction shall not be considered investment advice or a recommendation to enter into such FX Transaction and no communication (written or oral) received from RBCIS shall be deemed to be an assurance or guarantee as to the expected results of such FX Transaction; (iii) the Customer is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of such FX Transaction and it is also capable of assuming and assumes, the risks of such FX Transaction; and (iv) RBCIS is not acting as a fiduciary for or as an advisor to the Customer. (e) the Customer is not (and will not be while there are any FX Transactions outstanding) a “U.S. person” as that term is currently defined in the Final Exemptive Order Regarding Compliance with Certain Swap Regulations, 17 CFR Chapter 1 (December 21, 2012) proposed by the U.S. Commodity Futures Trading Commission;a (f) this Agreement, any other documentation relating to the provision of FX Services and the Customer’s obligations thereunder do not and will not contravene or violate (i) any Applicable Regulations or (ii) any constating document, policy, guideline, contract or other document applicable to the Customer; and (g) it has received, read and agrees to all Annexes and Xxxxxxxxx as described herein that may be applicable to it. 4.2 The Customer shall advise RBCIS immediately should any of the above representations and warranties cease to be true.

Representations and Warranties of the Customer. 4.1 The Customer hereby represents and warrants as of the date this Agreement come into effect and as of the date of each FX Transaction, (which representations and warranties the Customer acknowledges will be relied upon by RBCIS) that: (a) it has full power to enter into and to accept this Agreement and any other documentation relating to the provision of FX Services, and to perform its obligations thereunder; (b) all necessary approvals and consents and requirements necessary to permit the Customer to enter into and to accept this Agreement and any other documentation relating to the provision of FX Services and to perform its obligations thereunder, have been obtained or fulfilled, and such approvals and consents are in full force and effect and all conditions thereof have been complied with; (c) where applicable, all required disclosures have been made to the Customer’s unitholders or shareholders and/or underlying beneficiaries, the appropriate agencies, regulatory authorities and all other relevant parties in connection with the FX Services; (d) in respect of each FX Transaction: (i) the Customer is entering into each FX Transaction as principal and acting for its own account, and it has made its own independent decisions to enter into each FX Transaction and as to whether that FX Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisors as it has deemed necessary; (ii) the Customer is not relying on any communication (written or oral) from RBCIS as investment advice or as a recommendation to enter into such FX Transaction; it being understood that information and explanations related to the terms and conditions of a FX Transaction shall not be considered investment advice or a recommendation to enter into such FX Transaction and no communication (written or oral) received from RBCIS shall be deemed to be an assurance or guarantee as to the expected results of such FX Transaction; (iii) the Customer is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of such FX Transaction and it is also capable of assuming and assumes, the risks of such FX Transaction; and (iv) RBCIS is not acting as a fiduciary for or as an advisor to the Customer.; (e) the Customer is not (and will not be while there are any FX Transactions outstanding) a “U.S. person” as that term is currently defined in the Final Exemptive Order Regarding Compliance with Certain Swap Regulations, 17 CFR Chapter 1 (December 21, 2012) proposed by the U.S. Commodity Futures Trading Commission; (f) this Agreement, any other documentation relating to the provision of FX Services and the Customer’s obligations thereunder do not and will not contravene or violate (i) any Applicable Regulations or (ii) any constating document, policy, guideline, contract or other document applicable to the Customer; and (g) it has received, read and agrees to all Annexes and Xxxxxxxxx Schedules as described herein that may be applicable to it. 4.2 The Customer shall advise RBCIS immediately should any of the above representations and warranties cease to be true.

Representations and Warranties of the Customer. 4.1 The Customer hereby represents and warrants as of the date this Agreement come into effect and as of the date of each FX Transaction, (which representations and warranties the Customer acknowledges will be relied upon by RBCIS) that: (a) it has full power to enter into and to accept this Agreement and any other documentation relating to the provision of FX Services, and to perform its obligations thereunder; (b) all necessary approvals and consents and requirements necessary to permit the Customer to enter into and to accept this Agreement and any other documentation relating to the provision of FX Services and to perform its obligations thereunder, have been obtained or fulfilled, and such approvals and consents are in full force and effect and all conditions thereof have been complied with; (c) where applicable, all required disclosures have been made to the Customer’s unitholders or shareholders and/or underlying beneficiaries, the appropriate agencies, regulatory authorities and all other relevant parties in connection with the FX Services; (d) in respect of each FX Transaction: (i) the Customer is entering into each FX Transaction as principal and acting for its own account, and it has made its own independent decisions to enter into each FX Transaction and as to whether that FX Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisors as it has deemed necessary; (ii) the Customer is not relying on any communication (written or oral) from RBCIS as investment advice or as a recommendation to enter into such FX Transaction; it being understood that information and explanations related to the terms and conditions of a FX Transaction shall not be considered investment advice or a recommendation to enter into such FX Transaction and no communication (written or oral) received from RBCIS shall be deemed to be an assurance or guarantee as to the expected results of such FX Transaction; (iii) the Customer is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of such FX Transaction and it is also capable of assuming and assumes, the risks of such FX Transaction; and (iv) RBCIS is not acting as a fiduciary for or as an advisor to the Customer. (e) the Customer is not (and will not be while there are any FX Transactions outstanding) a “U.S. person” as that term is currently defined in the Final Exemptive Order Regarding Compliance with Certain Swap Regulations, 17 CFR Chapter 1 (December 21, 2012) proposed by the U.S. Commodity Futures Trading Commission;a (f) this Agreement, any other documentation relating to the provision of FX Services and the Customer’s obligations thereunder do not and will not contravene or violate (i) any Applicable Regulations or (ii) any constating document, policy, guideline, contract or other document applicable to the Customer; and (g) it has received, read and agrees to all Annexes and Xxxxxxxxx Schedules as described herein that may be applicable to it. 4.2 The Customer shall advise RBCIS immediately should any of the above representations and warranties cease to be true.

Representations and Warranties of the Customer. 4.1 The Customer hereby represents and warrants as of the date this Agreement come into effect and as of the date of each FX Transaction, (which representations and warranties the Customer acknowledges will be relied upon by RBCIS) that: (a) it has full power to enter into and to accept this Agreement and any other documentation relating to the provision of FX Services, and to perform its obligations thereunder; (b) all necessary approvals and consents and requirements necessary to permit the Customer to enter into and to accept this Agreement and any other documentation relating to the provision of FX Services and to perform its obligations thereunder, have been obtained or fulfilled, and such approvals and consents are in full force and effect and all conditions thereof have been complied with; (c) where applicable, all required disclosures have been made to the Customer’s unitholders or shareholders and/or underlying beneficiaries, the appropriate agencies, regulatory authorities and all other relevant parties in connection with the FX Services; (d) in respect of each FX Transaction: (i) the Customer is entering into each FX Transaction as principal and is acting for its own account, and it has made its own independent decisions to enter into each FX Transaction and as to whether that FX Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisors as it has deemed necessary; (ii) the Customer is not relying on any communication (written or oral) from RBCIS as investment advice or as a recommendation to enter into such FX Transaction; it being understood that information and explanations related to the terms and conditions of a FX Transaction shall not be considered investment advice or a recommendation to enter into such FX Transaction and no communication (written or oral) received from RBCIS shall be deemed to be an assurance or guarantee as to the expected results of such FX Transaction; (iii) the Customer is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of such FX Transaction and it is also capable of assuming and assumes, the risks of such FX Transaction; and (iv) RBCIS is not acting as a fiduciary for or as an advisor to the Customer.; (e) the Customer is not (and will not be while there are any FX Transactions outstanding) a “U.S. person” as that term is currently defined in the Final Exemptive Order Regarding Compliance with Certain Swap Regulations, 17 CFR Chapter 1 (December 21, 2012) proposed by the U.S. Commodity Futures Trading Commission; (f) this Agreement, any other documentation relating to the provision of FX Services and the Customer’s obligations thereunder do not and will not contravene or violate (i) any Applicable Regulations or (ii) any constating document, policy, guideline, contract or other document applicable to the Customer; and (g) it has received, read and agrees to all Annexes and Xxxxxxxxx Schedules as described herein that may be applicable to it. 4.2 The Customer shall advise RBCIS immediately should any of the above representations and warranties cease to be true.

Representations and Warranties of the Customer. 4.1 The Customer hereby represents and warrants as of the date this Agreement come into effect and as of the date of each FX Transaction, (which representations and warranties the Customer acknowledges will be relied upon by RBCIS) that: (a) it has full power to enter into and to accept this Agreement and any other documentation relating to the provision of FX Services, and to perform its obligations thereunder; (b) all necessary approvals and consents and requirements necessary to permit the Customer to enter into and to accept this Agreement and any other documentation relating to the provision of FX Services and to perform its obligations thereunder, have been obtained or fulfilled, and such approvals and consents are in full force and effect and all conditions thereof have been complied with; (c) where applicable, all required disclosures have been made to the Customer’s unitholders or shareholders and/or underlying beneficiaries, the appropriate agencies, regulatory authorities and all other relevant parties in connection with the FX Services; (d) in respect of each FX Transaction: (i) the Customer is entering into each FX Transaction as principal and is acting for its own account, and it has made its own independent decisions to enter into each FX Transaction and as to whether that FX Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisors as it has deemed necessary; (ii) the Customer is not relying on any communication (written or oral) from RBCIS as investment advice or as a recommendation to enter into such FX Transaction; it being understood that information and explanations related to the terms and conditions of a FX Transaction shall not be considered investment advice or a recommendation to enter into such FX Transaction and no communication (written or oral) received from RBCIS shall be deemed to be an assurance or guarantee as to the expected results of such FX Transaction; (iii) the Customer is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of such FX Transaction and it is also capable of assuming and assumes, the risks of such FX Transaction; and (iv) RBCIS is not acting as a fiduciary for or as an advisor to the Customer.; (e) the Customer is not (and will not be while there are any FX Transactions outstanding) a “U.S. person” as that term is currently defined in the Final Exemptive Order Regarding Compliance with Certain Swap Regulations, 17 CFR Chapter 1 (December 21, 2012) proposed by the U.S. Commodity Futures Trading Commission; (f) this Agreement, any other documentation relating to the provision of FX Services and the Customer’s obligations thereunder do not and will not contravene or violate (i) any Applicable Regulations or (ii) any constating document, policy, guideline, contract or other document applicable to the Customer; and (g) it has received, read and agrees to all Annexes and Xxxxxxxxx as described herein that may be applicable to it. 4.2 The Customer shall advise RBCIS immediately should any of the above representations and warranties cease to be true.

Representations and Warranties of the Customer. 4.1 The Customer hereby represents and warrants as of the date this Agreement come into effect and as of the date of each FX Transaction, (which representations and warranties the Customer acknowledges will be relied upon by RBCIS) that: (a) it has full power to enter into and to accept this Agreement and to enter into any other documentation relating to the provision of FX Services, and to perform its obligations thereunder; (b) all necessary approvals and consents and requirements necessary to permit the Customer to accept this Agreement, to enter into and to accept this Agreement and any other documentation relating to the provision of FX Services and to perform its obligations thereunder, have been obtained or fulfilled, and such approvals and consents are in full force and effect and all conditions thereof have been complied with; (c) where applicable, all required disclosures have been made to the Customer’s unitholders or shareholders and/or underlying beneficiaries, the appropriate agencies, regulatory authorities and all other relevant parties in connection with the FX Services; (d) in respect of each FX Transaction: (i) the Customer is entering into each FX Transaction as principal and acting for its own account, and it has made its own independent decisions to enter into each FX Transaction and as to whether that FX Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisors as it has deemed necessary; (ii) the Customer is not relying on any communication (written or oral) from RBCIS as investment advice or as a recommendation to enter into such FX Transaction; it being understood that information and explanations related to the terms and conditions of a FX Transaction shall not be considered investment advice or a recommendation to enter into such FX Transaction and no communication (written or oral) received from RBCIS shall be deemed to be an assurance or guarantee as to the expected results of such FX Transaction; (iii) the Customer is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of such FX Transaction and it is also capable of assuming and assumes, the risks of such FX Transaction; and (iv) RBCIS is not acting as a fiduciary for or as an advisor to the Customer.it in respect of such FX Transaction; (e) the Customer is not (and will not be while there are any FX Transactions outstanding) a “U.S. person” as that term is currently defined in the Final Exemptive Order Regarding Compliance with Certain Swap Regulations, 17 CFR Chapter 1 (December 21, 2012) proposed by the U.S. Commodity Futures Trading Commission; (f) this Agreement, any other documentation relating to the provision of FX Services and the Customer’s obligations thereunder do not and will not contravene or violate (i) any Applicable Regulations Law or (ii) any constating document, policy, guideline, contract or other document applicable to the Customer; and (g) it has received, read and agrees to all Annexes and Xxxxxxxxx as described herein that may be applicable to it. 4.2 The Customer shall advise RBCIS immediately should any of the above representations and warranties cease to be true.