Common use of Representations, Warranties and Agreements of Counterparty Clause in Contracts

Representations, Warranties and Agreements of Counterparty. Each of the representations and warranties of Counterparty set forth in Section 1 of the Purchase Agreement (the “Purchase Agreement”), dated as of October 10, 2013, between Counterparty and Xxxxxx Xxxxxxx & Co. LLC, Citigroup Global Markets Inc. and X.X. Xxxxxx Securities LLC, as representatives of the Initial Purchasers party thereto (the “Initial Purchasers”), are true and correct and are hereby deemed to be repeated to Dealer as if set forth herein. Counterparty hereby further represents and warrants to, and agrees with, Dealer as of the date hereof and on and as of the Premium Payment Date that: