Common use of STATUS OF SUBJECT AGREEMENT Clause in Contracts

STATUS OF SUBJECT AGREEMENT. (a) Buyer represents that: (i) as of the date hereof, Buyer is not in default of any of its obligations under the Subject Agreement, (ii) as of the date hereof, to Buyer’s actual knowledge, Seller is not in default of any of its obligations under the Subject Agreement and the Performance Assurance required under the Subject Agreement has been provided by Seller to Buyer, (iii) as of the date hereof, Buyer and, to Buyer’s actual knowledge, Seller, has complied with all conditions precedent to the respective obligations of such party to perform under the Subject Agreement, except to the extent any such conditions precedent have been waived by the party or parties to the Subject Agreement not obligated by such conditions precedent and (iv) the Subject Agreement has not been amended or modified.

STATUS OF SUBJECT AGREEMENT. (a) Buyer represents that: (i) as of the date hereof, Buyer is not in default of any of its obligations under the Subject Agreement, (ii) as of the date hereof, to Buyer’s actual knowledge, Seller Subscriber Organization is not in default of any of its obligations under the Subject Agreement and the Performance Assurance Security required under the Subject Agreement has been provided by Seller Subscriber Organization to Buyer, (iii) as of the date hereof, Buyer and, to Buyer’s actual knowledge, SellerSubscriber Organization, has complied with all conditions precedent to the respective obligations of such party to perform under the Subject Agreement, except to the extent any such conditions precedent have been waived by the party or parties to the Subject Agreement not obligated by such conditions precedent and (iv) the Subject Agreement has not been amended or modified.