Common use of Safe Harbors Clause in Contracts

Safe Harbors. Each party to this Agreement acknowledges that: (i) [This Agreement, including any Credit Support Document, is a “master netting agreement” and a “swap agreement” as defined in the U.S. Bankruptcy Code (the “Code”), a “netting contract” as defined in Section 402 of the Federal Deposit Insurance Corporation Improvement Act of 1991, as amended (“FDICIA”) and a “swap agreement” as defined in Section 11(e)(8)(D) of the Federal Deposit Insurance Act, as amended (“FDIA”); (ii) Party A is a “master netting agreement participant,” a “financial institution,” a “financial participant” and a “swap participant” as defined in the Code, and a “financial institution” as defined in Section 402 of FDICIA; (iii) The rights provided to Party A herein, and in any Credit Support Document, are rights protected by Section 560, Section 561, Sections 362(b)(17) and (27), and Section 362(o) of the Code, Sections 403 through 405 of FDICIA and Section 11(e)(8)(A) of FDIA; (iv) All transfers of cash, securities or other property under or in connection with this Agreement, any Credit Support Document or any Transaction hereunder are transfers protected by Sections 546(e), (f), (g) and (j) of the Code, Section 11(e)(8)(C) of FDIA, and Sections 403(f) and 404(h) of FDICIA; and (v) All obligations under or in connection with this Agreement, any Credit Support Document or any Transaction hereunder represent obligations in respect of “termination values”, “payment amounts” or “transfer obligations” within the meaning of the Code and FDIA.]

Safe Harbors. Each party to this Agreement acknowledges that: (i) [This Agreement, including any Credit Support Document, is a “master netting agreement” and a “swap agreement” as defined in the U.S. Bankruptcy Code (the “Code”), and a “netting contract” as defined in Section 402 the netting provisions of the Federal Deposit Insurance Corporation Improvement Act of 1991, as amended 1991 (“FDICIA”) ), and this Agreement, including any Credit Support Document, and each Transaction hereunder is of a “swap agreement” as defined type set forth in Section 11(e)(8)(D561(a)(1)-(5) of the Federal Deposit Insurance Act, as amended (“FDIA”)Code; (ii) Party A is a “master netting agreement participant,” a “financial institution,” a “financial participant,” a “forward contract merchant” and a “swap participant” as defined in the Code, and a “financial institution” as defined in Section 402 the netting provisions of FDICIA; (iii) The rights remedies provided to Party A herein, and in any Credit Support Document, are rights protected by the remedies referred to in Section 560, Section 561561(a), Sections 362(b)(17362(b)(6), (7), (17) and (27), and Section 362(o) of the Code, Sections 403 through 405 of FDICIA and in Section 11(e)(8)(A) and (C) of FDIAthe Federal Deposit Insurance Act; (iv) All transfers of cash, securities or other property under or in connection with this Agreement, any Credit Support Document or any Transaction hereunder are transfers protected by “margin payments,” “settlement payments” and “transfers” under Sections 546(e), (f), (g) and or (j), and under Section 548(d)(2) of the Code, Section 11(e)(8)(C) of FDIA, and Sections 403(f) and 404(h) of FDICIA; and (v) All obligations Each obligation under or in connection with this Agreement, any Credit Support Document or any Transaction hereunder represent obligations in respect of is an obligation to make a “termination values”, margin payment,” “payment amountssettlement payment” or and “transfer obligationspayment” within the meaning of Sections 362, 560 and 561 of the Code and FDIACode.]

Safe Harbors. Each party to this Agreement acknowledges that: (i) [This Agreement, including any Credit Support Document, is a “master netting agreement” and a “swap agreement” as defined in the U.S. Bankruptcy Code (the “Code”), and a “netting contract” as defined in Section 402 the netting provisions of the Federal Deposit Insurance Corporation Improvement Act of 1991, as amended 1991 (“FDICIA”) ), and this Agreement, including any Credit Support Document, and each Transaction hereunder is of a “swap agreement” as defined type set forth in Section 11(e)(8)(D561(a)(1)-(5) of the Federal Deposit Insurance Act, as amended (“FDIA”)Code; (ii) Party A Counterparty is a “master netting agreement participant,” a “financial institution,” a “financial participant,” a “forward contract merchant” and a “swap participant” as defined in the Code, and a “financial institution” as defined in Section 402 the netting provisions of FDICIA; (iii) The rights remedies provided to Party A herein, and in any Credit Support Document, are rights protected by the remedies referred to in Section 560, Section 561561(a), Sections 362(b)(17362(b)(6), (7), (17) and (27), and Section 362(o) of the Code, Sections 403 through 405 of FDICIA and in Section 11(e)(8)(A) and (C) of FDIAthe Federal Deposit Insurance Act; (iv) All transfers of cash, securities or other property under or in connection with this Agreement, any Credit Support Document or any Transaction hereunder are transfers protected by “margin payments,” “settlement payments” and “transfers” under Sections 546(e), (f), (g) and or (j), and under Section 548(d)(2) of the Code, Section 11(e)(8)(C) of FDIA, and Sections 403(f) and 404(h) of FDICIA; and (v) All obligations Each obligation under or in connection with this Agreement, any Credit Support Document or any Transaction hereunder represent obligations in respect of is an obligation to make a “termination values”, margin payment,” “payment amountssettlement payment” or and “transfer obligationspayment” within the meaning of Sections 362, 560 and 561 of the Code and FDIACode.]

Safe Harbors. Each party to this Agreement acknowledges that: (i) [This Agreement, including any Credit Support Document, is a “master netting agreement” and a “swap agreement” as defined in the U.S. Bankruptcy Code (the “Code”), a “netting contract” as defined in Section 402 of the Federal Deposit Insurance Corporation Improvement Act of 1991, as amended (“FDICIA”” ) and a “swap agreement” as defined in Section 11(e)(8)(D) of the Federal Deposit Insurance Act, as amended (“FDIA”); (ii) Party A is a “master netting agreement participant,” a “financial institution,” a “financial participant” and a “swap participant” as defined in the Code, and a “financial institution” as defined in Section 402 of FDICIA; (iii) The rights provided to Party A herein, and in any Credit Support Document, are rights protected by Section 560, Section 561, Sections 362(b)(17) and (27), and Section 362(o) of the Code, Sections 403 through 405 of FDICIA and Section 11(e)(8)(A) of FDIA; (iv) All transfers of cash, securities or other property under or in connection with this Agreement, any Credit Support Document or any Transaction hereunder are transfers protected by Sections 546(e), (f), (g) and (j) of the Code, Section 11(e)(8)(C) of FDIA, and Sections 403(f) and 404(h) of FDICIA; and (v) All obligations under or in connection with this Agreement, any Credit Support Document or any Transaction hereunder represent obligations in respect of “termination values”, “payment amounts” or “transfer obligations” within the meaning of the Code and FDIA.]

Safe Harbors. Each party to this Agreement acknowledges that: (i) [This Agreement, including any Credit Support Document, is a “master netting agreement” and a “swap agreement” as defined in the U.S. Bankruptcy Code (the “Code”), a “netting contract” as defined in Section 402 of the Federal Deposit Insurance Corporation Improvement Act of 1991, as amended (“FDICIA”) and a ““ swap agreement” as defined in Section 11(e)(8)(D) of the Federal Deposit Insurance Act, as amended (“FDIA”); (ii) Party A is a “master netting agreement participant,” a “financial institution,” a “financial participant” and a “swap participant” as defined in the Code, and a “financial institution” as defined in Section 402 of FDICIA; (iii) The rights provided to Party A herein, and in any Credit Support Document, are rights protected by Section 560, Section 561, Sections 362(b)(17) and (27), and Section 362(o) of the Code, Sections 403 through 405 of FDICIA and Section 11(e)(8)(A) of FDIA; (iv) All transfers of cash, securities or other property under or in connection with this Agreement, any Credit Support Document or any Transaction hereunder are transfers protected by Sections 546(e), (f), (g) and (j) of the Code, Section 11(e)(8)(C) of FDIA, and Sections 403(f) and 404(h) of FDICIA; and (v) All obligations under or in connection with this Agreement, any Credit Support Document or any Transaction hereunder represent obligations in respect of “termination values”, “payment amounts” or “transfer obligations” within the meaning of the Code and FDIA.]

Safe Harbors. (1) Each party to this Agreement acknowledges that: (i) [This Agreement, including any Credit Support Document, is a “master netting agreement” and a “swap agreement” as defined in the U.S. Bankruptcy Code (the “Code”), and a “netting contract” as defined in Section 402 the netting provisions of the Federal Deposit Insurance Corporation Improvement Act of 1991, as amended 1991 (“FDICIA”) ), and this Agreement, including any Credit Support Document, and each Transaction hereunder is of a “swap agreement” as defined type set forth in Section 11(e)(8)(D561(a)(1)-(5) of the Federal Deposit Insurance Act, as amended (“FDIA”)Code; (ii) Party A is a “master netting agreement participant,” a “financial institution,” a “financial participant,” a “forward contract merchant” and a “swap participant” as defined in the Code, and a “financial institution” as defined in Section 402 the netting provisions of FDICIA; (iii) The rights remedies provided to Party A herein, and in any Credit Support Document, are rights protected by the remedies referred to in Section 560, Section 561561(a), Sections 362(b)(17362(b)(6), (7), (17) and (27), and Section 362(o) of the Code, Sections 403 through 405 of FDICIA and in Section 11(e)(8)(A) and (C) of FDIAthe Federal Deposit Insurance Act; (iv) All transfers of cash, securities or other property under or in connection with this Agreement, any Credit Support Document or any Transaction hereunder are transfers protected by “margin payments,” “settlement payments” and “transfers” under Sections 546(e), (f), (g) and or (j), and under Section 548(d)(2) of the Code, Section 11(e)(8)(C) of FDIA, and Sections 403(f) and 404(h) of FDICIA; and (v) All obligations Each obligation under or in connection with this Agreement, any Credit Support Document or any Transaction hereunder represent obligations in respect of is an obligation to make a “termination values”, margin payment,” “payment amountssettlement payment” or and “transfer obligationspayment” within the meaning of Sections 362, 560 and 561 of the Code Code. (2) Party B acknowledges and FDIAagrees that this Agreement and all Transactions, related guarantee or other credit support arrangements, each and together constitute an "eligible financial contract" under the Bankruptcy and Insolvency Act (Canada), the Companies' Creditors Arrangement Act (Canada) and the Winding up and Restructuring Act (Canada), as the same may be amended, restated, replaced or re enacted from time to time, and will be similarly treated under and in all proceedings related to bankruptcy or insolvency of a party.]