Common use of The Lender Clause in Contracts

The Lender. The Lender hereby represents, warrants and undertakes that: (i) it is duly authorised and empowered to perform its duties and obligations under this Agreement; (ii) it has valid title to the Borrowed Shares to be lent by it under this Agreement and the legal right and power to lend, and deliver such Borrowed Shares in accordance with the terms of this Agreement; (iii) the Borrowed Shares will be delivered by the Lender to the Company, at the Company’s direction, free and clear of any security interest, claims, liens, equities and other encumbrances; and (iv) it will not sell any of the Borrowed Shares lent by it under this Agreement while the shares are being borrowed by the Company.

The Lender. The Lender hereby represents, warrants and undertakes to SEB and the Company that: (i) it is duly authorised and empowered to perform its duties and obligations under this Agreement; (ii) it has valid title to the Borrowed Shares to be lent by it under this Agreement and the legal right and power to lend, and deliver such Borrowed Shares in accordance with the terms of this Agreement; (iii) the Borrowed Shares will be delivered by the Lender to the CompanyManagers, at the Company’s direction, Managers’ direction free and clear of any security interest, claims, liens, equities and other encumbrances; and (iv) it will not sell any of the Borrowed Shares lent by it under this Agreement while the shares are being borrowed by the CompanyManagers.