Representations of the Customer Sample Clauses

Representations of the Customer. 1. The Customer hereby represents that it has obtained and that it processesPersonal Data in accordance with applicable laws, including GDPR. The Customer confirms in particular that it has: (i) obtained and holds the legally required direct marketing consents, including consents to send commercial information by e-mail or telephone and to use telecommunications terminal equipment and automated phone call systems for direct marketing purposes –if the Customer carries out such activities, (ii) informed the data subjects about the processing of the data to the extent and in a manner required under the GDPR, (iii) has the right to process Personal Data and engage GetResponse for carrying out processing activities to the extent and for the purpose defined in Annex 1 hereto. Notwithstanding the foregoing, if the Customer is not the Personal Data controller, it confirms that it has received the permission of the respective controller as required under the GDPR to engage GetResponse for carrying out processing for the purpose and to the extent in question.
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Representations of the Customer. The Customer represents and warrants to the Bank as of the date of the Agreement and as of the date of each Transaction governed by the Agreement that: (i) the Customer is a sophisticated investor able to evaluate the risks of foreign exchange transactions; (ii) the Customer understands and is able to assume the risk of loss associated with foreign exchange transactions; (iii) the Customer is the sole, absolute owner of the Collateral; (iv) the Collateral is not and will not at any time be subject to any adverse claim or any lien except for the security interest granted to the Bank hereby (unless otherwise expressly agreed in writing by the Bank and the Customer); (v) all authorizations, consents, approvals and licenses of, and filings and registrations with, any governmental authority required under applicable law or regulations for the Customer to pledge the Collateral as provided herein and to make and perform this Agreement have been obtained and are in full force and effect; (vi) the obligation of the Customer to pledge Collateral hereunder constitutes the legal, valid and binding obligation of the Customer, and is enforceable against the Customer in accordance with the terms of this Agreement; (vii) Customer has made and will make (or has authorized Advisor to make) its own investment, hedging and trading decisions (including decisions regarding the suitability of any Transaction pursuant to this Agreement) based upon its own judgment and upon any advice from such advisors as it has deemed necessary, and not upon advice of or actions in foreign exchange markets by the Bank or its affiliates; (viii) Customer has notified the Bank of any material adverse change in its financial condition since the date of the most recent financial statement or report that it has provided to the Bank; (ix) Customer has sufficient assets (and in the applicable Currencies) as necessary to effect settlement of all Transactions governed by this Agreement; (x) it is in compliance with, and its assets are being invested in accordance with, all investment policies and restrictions applicable to it in its most recent prospectus and statement of additional information; and (xi) it is not, nor is it "controlled" by an "investment company", each within the meaning of the Investment Company Act of 1940; (xii) the assets of the Customer are not comprised of plan assets subject to the Employee Retirement Income Security Act of 1974, as amended; (xiii) the Advisor has the full power a...
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Representations of the Customer. 9.1 The Customer represents and warrants that it will not remove or alter any copyright or trademark notice in the Xxxxxx Software.
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Representations of the Customer. 4.1. By signing the Agreement, the Customer represents that:
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Representations of the Customer 
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Related to Representations of the Customer

  • Representations of the Custodian The Custodian hereby represents that it is a depository institution subject to supervision or examination by a federal or state authority, has a combined capital and surplus of at least $15,000,000 and is qualified to do business in the jurisdictions in which it will hold any Mortgage File.

  • Representations of the Company The Company represents and warrants to the Purchaser that:

  • Representations and Warranties of the Custodian The Custodian hereby represents and warrants to the Trust, which representations and warranties shall be deemed to be continuing throughout the term of this Agreement, that:

  • Representations of the Servicer The Servicer hereby represents and warrants to the Indenture Trustee, the Depositor, the Collateral Agent, the Trust, the Note Insurer and the Noteholders as of the Closing Date and during the term of this Agreement that:

  • Representations of the Buyer The Buyer represents and warrants to the Seller as follows:

  • REPRESENTATIONS OF THE ADVISOR (a) The Advisor shall use its best judgment and efforts in rendering the advice and services to the Fund as contemplated by this Agreement.

  • Representations of the Parties Each party hereto hereby further represents and warrants to the other that: (i) it is registered as an investment adviser under the Advisers Act and is registered or licensed as an investment adviser under the laws of all jurisdictions in which its activities require it to be so registered or licensed; and (ii) it will use its reasonable best efforts to maintain each such registration or license in effect at all times during the term of this Agreement; and (iii) it will promptly notify the other if it ceases to be so registered, if its registration is suspended for any reason, or if it is notified by any regulatory organization or court of competent jurisdiction that it should show cause why its registration should not be suspended or terminated; and (iv) it is duly authorized to enter into this Agreement and to perform its obligations hereunder. The Sub-Adviser further represents that it has adopted a written Code of Ethics in compliance with Rule 17j-1(b) of the ICA. The Sub-Adviser shall be subject to such Code of Ethics and shall not be subject to any other Code of Ethics, including the Investment Manager's Code of Ethics, unless specifically adopted by the Sub-Adviser. The Investment Manager further represents and warrants to the Sub-Adviser that (i) the appointment of the Sub-Adviser by the Investment Manager has been duly authorized and (ii) it has acted and will continue to act in connection with the transactions contemplated hereby, and the transactions contemplated hereby are, in conformity with the ICA, the Company's governing documents and other applicable law.

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