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.
Appears in 30 contracts
Sources: Customer Agreement (Witter Dean Spectrum Strategic Lp), Escrow Agreement (Morgan Stanley Dean Witter Charter Grahm Lp), Customer Agreement (Witter Dean Cornerstone Fund Iii)