Merrill Lynch Sample Clauses

Merrill Lynch. 21 MGBCL . . . . . . . . . . . . . . . . . . . . . . . . 6
Merrill Lynch. 17 MGBCL....................................................................... 2 NRC......................................................................... 9 PBGC........................................................................ 13 PCBs........................................................................ 16 Person...................................................................... 5
Merrill Lynch. 36 NYSE.............................................................................................................15
Merrill Lynch. 1 Notes........................................................................ 1
Merrill Lynch. 26 Newco...............................................................
Merrill Lynch. 1 Notes........................................................................1
Merrill Lynch. Client to the contrary; (b) regardless of any subsequent determination to the contrary, Client is a sophisticated user of the futures markets and is aware of the risks and obligations of Futures Contracts and is fully prepared to assume such risks and obligations; (c) trading in Futures Contracts is within the power of Client and such activity will in no manner contravene the provisions of any corporate resolutions, by-laws, statutes, rules, regulations, operating agreement, partnership agreements, plan documents, trust agreements or any judgments, orders or other agreements to which Client is bound; (d) Client is duly organized and in good standing under the laws of the jurisdiction in which it was organized and in all jurisdictions where it is qualified to do business; (e) Client is acting as principal and not as agent in transactions under this Agreement and no person other than Client has or will have an interest in Client’s Account except as otherwise disclosed to Merrill Lynch herein; and (f) Merrill Lynch is authorized to follow the instructions of the undersigned in every respect concerning this Account, including, but not limited to, payment of monies. With respect to activity in the Account, Merrill Lynch may rely upon the instructions of the above referenced individuals or any individuals subsequently authorized by Client until Client notifies Merrill Lynch to the contrary. If Client engages in exchange of futures for physical (“EFP”) transactions, Client acknowledges and agrees that, in connection with any EFP that (a) if Client is the seller of the cash contract(s) then Client is the buyer of the futures contract(s) being exchanged in the EFP, and Client has an ownership interest in the contract(s) sufficient to allow the delivery in satisfaction of Client’s obligations resulting from the execution of the EFP; and (b) if Client is the buyer of the cash contract(s) then Client is the seller of the futures contract(s) being exchanged in the EFP. Upon request by Merrill Lynch, Client agrees to provide documentation sufficient to verify its purchase or sale of the cash contract.
Merrill Lynch. 21 MGBCL.........................................................................6
Merrill Lynch. The Lenders shall have received satisfactory evidence that Merrill Lynch Business Financial Services, Inc. ("MLBFS") and the Company have amended the WCMA Note, Loan and Security Agreement, dated as of October 26, 1994, as amended, and the term WCMA Loan and Security Agreement, dated as of March 28, 1995, between the Company and MLBFS to extend the maturity dates thereof by 90 days.
Merrill Lynch. Notwithstanding anything to the contrary herein, Merrill Lynch, Pierce, Fenner & Smith Incorporated may, without notice to the Parent Borrower, assign its rights and obligations under this Agreement to any other registered broker-dealer wholly-owned by Bank of America Corporation to which all or substantially all of Bank of America Corporation’s or any of its subsidiariesinvestment banking, commercial lending services or related businesses may be transferred following the date of this Agreement. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections 3.01, 3.04, 3.05, and 10.04 with respect to facts and circumstances occurring prior to the effective date of such assignment. Upon request, each Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section. -156- US-DOCS\97384607.24