FDICIA Representations Clause Samples
The FDICIA Representations clause requires parties to confirm their compliance with the Federal Deposit Insurance Corporation Improvement Act (FDICIA) and related regulations. In practice, this means that financial institutions or counterparties must affirm that their agreements, transactions, or operations do not violate FDICIA requirements, such as those concerning netting, insolvency, or recordkeeping. This clause ensures that all parties are legally able to enter into the agreement and that the enforceability of key provisions, like netting arrangements, is not compromised by regulatory restrictions, thereby reducing legal and operational risk.
FDICIA Representations. The following provisions shall not apply to this agreement. Each Party represents and warrants to the other Party that it is a financial institution under the provisions of Title IV of the Federal Deposit Insurance Corporation Improvement Act of 1991 ("FDICIA"), and the Parties agree that this agreement shall be a netting contract, as defined in FDICIA, and each receipt or payment or delivery obligation hereunder shall be a covered contractual payment entitlement or covered contractual payment obligations, respectively, as defined in and subject to FDICIA.
FDICIA Representations. The following provisions shall not apply to this MNA. Each Party represents and warrants to the other Party that it is a financial institution under the provisions of Title IV of the Federal Deposit Insurance Corporation Improvement Act of 1991 (“FDICIA”), and the Parties agree that this MNA shall be a netting contract, as defined in FDICIA, and each receipt or payment or delivery obligation hereunder shall be a covered contractual payment entitlement or covered contractual payment obligations, respectively, as defined in and subject to FDICIA.
FDICIA Representations. The provisions of Section 9.14 shall not apply to the Agreement.
FDICIA Representations. The following provisions shall not apply to this agreement. Each Party represents and warrants to the other Party that it is a financial institution under the provisions of Title IV of the Federal Deposit Insurance Corporation Improvement Act of 1991 (“FDICIA”), and the Parties agree that this agreement shall be a netting contract, as defined in FDICIA, and each receipt or payment or delivery obligation hereunder shall be a covered contractual payment entitlement or covered contractual payment obligations, respectively, as defined in and subject to FDICIA. ANNEX 2 TO MASTER NETTING AGREEMENT Specific Exchanges The following exchanges are Specified Exchanges for the purposes of Clause 1.1; Any Recognised Exchange, Recognised Investment Exchange, Designated Investment Exchange or Approved Exchange as defined by the Financial Services Authority or the Securities and Futures Authority and as amended from time to time. In witness whereof, this Agreement has been entered into on the date written in the Customer Signature pages, Signed on behalf of ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ & Co. International Limited -and- ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Securities Limited By: /s/ ▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇ Title: Authorised Signatory PART THREE SCHEDULE 1 SELECTED ASSOCIATED FIRMS OF ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ & CO. INTERNATIONAL LIMITED AND ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ SECURITIES LIMITED ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Group Inc. ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ & Co. Incorporated ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Market Products Inc. ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Capital Services Inc. ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Capital Group Inc. ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ & Co. International Limited Incorporated ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Japan Limited ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Bank AG* ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Asia Limited ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ & Co. Limited ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ & Co. International 1-loldings Limited Morstan Nominees Limited ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Services (UK) Limited ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Canada Limited ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Asset Management Singapore Limited ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Asset Management Limited ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Asset Management Inc. MS Securities Services Inc. ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ SpA ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Capital Group Singapore Pte Limited ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ Kong Securities Limited ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ Kong Nominees Limited ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Futures Hong Kong Limited ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Futures Singapore Limited ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Australia Limited ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Global Securities Services Incorporated Bank ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇* PART THREE SCHEDULE 2 ADDITIONAL PROVISIONS FOR LIFFE The provisions of this Schedule 2 apply where the Contract is a futures or options contractsubject to the R...
FDICIA Representations. The following provisions shall not apply to this agreement. Each Party represents and warrants to the other Party that it is a financial institution under the provisions of Title IV of the Federal Deposit Insurance Corporation Improvement Act of 1991 ("FDICIA"), and the Parties agree that this agreement shall be a netting contract, as defined in FDICIA, and each receipt or payment or delivery obligation hereunder shall be a covered contractual payment entitlement or covered contractual payment obligations, respectively, as defined in and subject to FDICIA. ANNEX 2 TO MASTER NETTING AGREEMENT SPECIFIC EXCHANGES The following exchanges are Specified Exchanges for the purposes of Clause 1.1; Any Recognised Exchange, Recognised Investment Exchange, Designated Investment Exchange or Approved Exchange as defined by the Financial Services Authority or the Securities and Futures Authority and as amended from time to time.