Common use of Nature of this Agreement Clause in Contracts

Nature of this Agreement. It is the type of financial institution set forth under its name in Schedule 1, or in the Participation Agreement Schedule which made it a party to this Agreement, and it is entering into this Agreement for its own account in respect of a commercial transaction made in ordinary course of its business and not with a view to or in connection with any subparticipation, sale or distribution to any Person (other than its Affiliates). Such Participant does not consider the acceptance of the risk participation hereunder to constitute the “purchase” or “sale” of a “security” within the meaning of any federal or state securities statute or law, or any rule or regulations under any of the foregoing.

Appears in 4 contracts

Samples: Participation Agreement (Network Appliance Inc), Participation Agreement (Network Appliance Inc), Participation Agreement (Lam Research Corp)

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