From The Jolly Contrarian
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- Subsection-by-subsection discussion of the Section 3(a) basic reps
- “... or Potential Event of Default” — and why this can run a truck over your carefully negotiated grace periods
- “... or would occur as a result of entering into this agreement” — say, what is that all about?
- More information, should you want it, as to why people ask for this clause, what it is driving at, why it does not make much difference.
- On being “covered by the Section 3(d) Representation” in that little table in the Schedule
- Should legal opinions be covered by the Section 3(d) rep?
- Should credit support documents be covered by the Section 3(d) rep?
- Should audited financial statements be covered by the Section 3(d) rep?
- Does it matter? Does any of this matter? Does life matter?
- A canter through the withholding terms under the ISDA, TLDR style.