Your Representations. Upon execution of this agreement and with each notice or instruction that you give hereunder you represent and warrant and covenant to us that: (a) you have all necessary authority, powers, consents, licences and authorisations and have taken all necessary action to enable you lawfully to enter into and perform your duties and obligations under this agreement; (b) you are a Participant as defined in the Trust Indenture and are not in breach of the Participant Agreement; (c) you are in compliance with the money laundering and related provisions of (i) the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT Act) Act of 2001 enacted by the United States of America, and the regulations promulgated thereunder, if you are subject to the requirements of the USA PATRIOT Act, and (ii) such other laws to which you are subject; (d) the persons entering into this agreement on your behalf have been duly authorised to do so; and (e) this agreement and the obligations created under it are binding upon you and enforceable against you in accordance with its terms (subject to applicable principles of equity) and do not and will not violate the terms of the Rules or any order, charge or agreement by which you are bound.
Appears in 9 contracts
Samples: Spdr® Gold Trust Participant Agreements (SPDR Gold Trust), Participant Agreement (SPDR Gold Trust), Spdr® Gold Trust Participant Agreements (SPDR Gold Trust)
Your Representations. Upon execution of this agreement and with each notice or instruction that you give hereunder you represent and warrant and covenant to us that:
(a) you have all necessary authority, powers, consents, licences and authorisations and have taken all necessary action to enable you lawfully to enter into and perform your duties and obligations under this agreement;
(b) you are a Participant as defined in the Trust Indenture and are not in breach of the Participant Agreement;
(c) you are in compliance with the money laundering and related provisions of (i) the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT Act) Act of 2001 enacted by the United States of America, and the regulations promulgated thereunder, if you are subject to the requirements of the USA PATRIOT Act, and (ii) such other laws to which you are subject;
(d) the persons entering into this agreement on your behalf have been duly authorised to do so; and
(e) this agreement and the obligations created under it are binding upon you and enforceable against you in accordance with its terms (subject to applicable principles of equity) and do not and will not violate the terms of the Rules or any order, charge or agreement by which you are bound.
Appears in 3 contracts
Samples: Authorized Participant Agreement (World Gold Trust), Authorized Participant Agreement (World Currency Gold Trust), Authorized Participant Agreement (World Currency Gold Trust)