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” as defined in the U.S. Bankruptcy Code (the “Code”), and a “netting contract” as defined in the netting provisions of the Federal Deposit Insurance Corporation Improvement Act of 1991 (“FDICIA”), and this Agreement, including any Credit Support Document, and each Transaction hereunder is of a type set forth in Section 561(a)(1)-(5) of the 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 the netting provisions of FDICIA; (iii) The remedies provided herein, and in any Credit Support Document, are the remedies referred to in Section 561(a), Sections 362(b)(6), (7), (17) and (27), and Section 362(o) of the Code, and in Section 11(e)(8)(A) and (C) of the 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 “margin payments,” “settlement payments” and “transfers” under Sections 546(e), (f), (g) or (j), and under Section 548(d)(2) of the Code; and (v) Each obligation under this Agreement, any Credit Support Document or any Transaction hereunder is an obligation to make a “margin payment,” “settlement payment” and “payment” within the meaning of Sections 362, 560 and 561 of the Code.

Safe Harbors. Each party to this Agreement acknowledges that: (i) This Agreement, including any Credit Support Document, is a “master netting agreement” as defined in the U.S. Bankruptcy Code (the “Code”), and a “netting contract” as defined in the netting provisions of the Federal Deposit Insurance Corporation Improvement Act of 1991 (“FDICIA”), and this Agreement, including any Credit Support Document, and each Transaction hereunder is of a type set forth in Section 561(a)(1)-(5) of the 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 the netting provisions of FDICIA; (iii) The remedies provided herein, and in any Credit Support Document, are the remedies referred to in Section 561(a), Sections 362(b)(6), (7), (17) and (27), and Section 362(o) of the Code, and in Section 11(e)(8)(A) and (C) of the 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 “margin payments,” “settlement payments” and “transfers” under Sections 546(e), (f), (g) or (j), and under Section 548(d)(2) of the Code; and (v) Each obligation under this Agreement, any Credit Support Document or any Transaction hereunder is an obligation to make a “margin payment,” “settlement payment” and “payment” within the meaning of Sections 362, 560 and 561 of the Code.

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 the netting provisions Section 402 of the Federal Deposit Insurance Corporation Improvement Act of 1991 1991, as amended (“FDICIA”), ) and this Agreement, including any Credit Support Document, and each Transaction hereunder is of a type set forth “ swap agreement” as defined in Section 561(a)(1)-(511(e)(8)(D) of the CodeFederal Deposit Insurance Act, as amended (“FDIA”); (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 the netting provisions Section 402 of FDICIA; (iii) The remedies rights provided to Party A herein, and in any Credit Support Document, are the remedies referred to in rights protected by Section 561(a)560, Section 561, Sections 362(b)(6), (7), (17362(b)(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 the Federal Deposit Insurance ActFDIA; (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 “margin payments,” “settlement payments” and “transfers” under transfers protected by Sections 546(e), (f), (g) or and (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) Each obligation All obligations under or in connection with this Agreement, any Credit Support Document or any Transaction hereunder is an obligation to make a represent obligations in respect of “margin payment,termination values”, “payment amounts” or “settlement payment” and “paymenttransfer obligations” within the meaning of Sections 362, 560 the Code and 561 of the CodeFDIA.]

Safe Harbors. (1) Each party to this Agreement acknowledges that: (i) This Agreement, including any Credit Support Document, is a “master netting agreement” as defined in the U.S. Bankruptcy Code (the “Code”), and a “netting contract” as defined in the netting provisions of the Federal Deposit Insurance Corporation Improvement Act of 1991 (“FDICIA”), and this Agreement, including any Credit Support Document, and each Transaction hereunder is of a type set forth in Section 561(a)(1)-(5) of the 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 the netting provisions of FDICIA; (iii) The remedies provided herein, and in any Credit Support Document, are the remedies referred to in Section 561(a), Sections 362(b)(6), (7), (17) and (27), and Section 362(o) of the Code, and in Section 11(e)(8)(A) and (C) of the 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 “margin payments,” “settlement payments” and “transfers” under Sections 546(e), (f), (g) or (j), and under Section 548(d)(2) of the Code; and (v) Each obligation under this Agreement, any Credit Support Document or any Transaction hereunder is an obligation to make a “margin payment,” “settlement payment” and “payment” within the meaning of Sections 362, 560 and 561 of the Code. (2) Party B acknowledges and agrees 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.

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 the netting provisions Section 402 of the Federal Deposit Insurance Corporation Improvement Act of 1991 1991, as amended (“FDICIA”), ) and this Agreement, including any Credit Support Document, and each Transaction hereunder is of a type set forth “swap agreement” as defined in Section 561(a)(1)-(511(e)(8)(D) of the CodeFederal Deposit Insurance Act, as amended (“FDIA”); (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 the netting provisions Section 402 of FDICIA; (iii) The remedies rights provided to Party A herein, and in any Credit Support Document, are the remedies referred to in rights protected by Section 561(a)560, Section 561, Sections 362(b)(6), (7), (17362(b)(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 the Federal Deposit Insurance ActFDIA; (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 “margin payments,” “settlement payments” and “transfers” under transfers protected by Sections 546(e), (f), (g) or and (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) Each obligation All obligations under or in connection with this Agreement, any Credit Support Document or any Transaction hereunder is an obligation to make a represent obligations in respect of “margin payment,termination values”, “payment amounts” or “settlement payment” and “paymenttransfer obligations” within the meaning of Sections 362, 560 the Code and 561 of the CodeFDIA.]

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 the netting provisions Section 402 of the Federal Deposit Insurance Corporation Improvement Act of 1991 1991, as amended (“FDICIA”), ” ) and this Agreement, including any Credit Support Document, and each Transaction hereunder is of a type set forth “swap agreement” as defined in Section 561(a)(1)-(511(e)(8)(D) of the CodeFederal Deposit Insurance Act, as amended (“FDIA”); (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 the netting provisions Section 402 of FDICIA; (iii) The remedies rights provided to Party A herein, and in any Credit Support Document, are the remedies referred to in rights protected by Section 561(a)560, Section 561, Sections 362(b)(6), (7), (17362(b)(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 the Federal Deposit Insurance ActFDIA; (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 “margin payments,” “settlement payments” and “transfers” under transfers protected by Sections 546(e), (f), (g) or and (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) Each obligation All obligations under or in connection with this Agreement, any Credit Support Document or any Transaction hereunder is an obligation to make a represent obligations in respect of “margin payment,termination values”, “payment amounts” or “settlement payment” and “paymenttransfer obligations” within the meaning of Sections 362, 560 the Code and 561 of the CodeFDIA.]