Basic Representations - ISDA Provision: Difference between revisions

no edit summary
m (1 revision)
 
No edit summary
Line 1: Line 1:
{{isdasnap|3(a)}}
{{isdaquote|
==[[2002 ISDA Master]] Agreement==
(a) '''Basic Representations'''.<br>
(a) '''Basic Representations'''.
<br>
(i) ''Status''. It is duly organised and validly existing under the laws of the jurisdiction of its organisation or incorporation
(i) ''Status''. It is duly organised and validly existing under the laws of the jurisdiction of its<br>
and, if relevant under such laws, in good standing;
organisation or incorporation and, if relevant under such laws, in good standing;<br>
(ii) ''Powers''. It has the power to execute this Agreement and any other documentation relating to this Agreement to which it is
<br>
a party, to deliver this Agreement and any other documentation relating to this Agreement that it is required by this
(ii) ''Powers''. It has the power to execute this Agreement and any other documentation relating to<br>
Agreement to deliver and to perform its obligations under this Agreement and any obligations it has under any  
this Agreement to which it is a party, to deliver this Agreement and any other documentation relating<br>
{{isdaprov|Credit Support Document}} to which it is a party and has taken all necessary action to authorise such execution, delivery
to this Agreement that it is required by this Agreement to deliver and to perform its obligations<br>
and performance;
under this Agreement and any obligations it has under any {{isdaprov|Credit Support Document}} to which it is<br>
(iii) ''No Violation or Conflict''. Such execution, delivery and performance do not violate or conflict with any law applicable
a party and has taken all necessary action to authorise such execution, delivery and performance;<br>
to it, any provision of its constitutional documents, any order or judgment of any court or other agency of government
<br>
applicable to it or any of its assets or any contractual restriction binding on or affecting it or any of its assets;
(iii) ''No Violation or Conflict''. Such execution, delivery and performance do not violate or conflict<br>
(iv) ''Consents''. All governmental and other consents that are required to have been obtained by it with respect to this
with any law applicable to it, any provision of its constitutional documents, any order or judgment<br>
Agreement or any {{isdaprov|Credit Support Document}} to which it is a party have been obtained and are in full force and effect and all
of any court or other agency of government applicable to it or any of its assets or any contractual<br>
conditions of any such consents have been complied with; and
restriction binding on or affecting it or any of its assets;<br>
(v) ''Obligations Binding''. Its obligations under this Agreement and any Credit Support Document to which it is a party
<br>
constitute its legal, valid and binding obligations, enforceable in accordance with their respective terms (subject to
(iv) ''Consents''. All governmental and other consents that are required to have been obtained by it<br>
applicable bankruptcy, reorganisation, insolvency, moratorium or similar laws affecting creditors’ rights generally and
with respect to this Agreement or any {{isdaprov|Credit Support Document}} to which it is a party have been<br>
subject, as to enforceability, to equitable principles of general application (regardless of whether enforcement is sought
obtained and are in full force and effect and all conditions of any such consents have been complied<br>
in a proceeding in equity or at law)).
with; and<br>
<br>
(v) ''Obligations Binding''. Its obligations under this Agreement and any {{isdaprov|Credit Support Document}}<br>
to which it is a party constitute its legal, valid and binding obligations, enforceable in accordance with<br>
their respective terms (subject to applicable bankruptcy, reorganisation, insolvency,<br>
moratorium or similar laws affecting creditors’ rights generally and subject, as to enforceability, to<br>
equitable principles of general application (regardless of whether enforcement is sought in a<br>
proceeding in equity or at law)).|3(a)|1992}}<br>
 
=={{2002ma}}==
{{isdaquote|
(a) '''Basic Representations'''.<br>
<br>
(i) ''Status''. It is duly organised and validly existing under the laws of the jurisdiction of its organisation<br>
or incorporation and, if relevant under such laws, in good standing;<br>
<br>
(ii) ''Powers''. It has the power to execute this Agreement and any other documentation relating to this<br>
Agreement to which it is a party, to deliver this Agreement and any other documentation relating to this<br>
Agreement that it is required by this Agreement to deliver and to perform its obligations under this<br>
Agreement and any obligations it has under any {{isdaprov|Credit Support Document}} to which it is a party and has<br>
taken all necessary action to authorise such execution, delivery and performance;<br>
<br>
(iii) ''No Violation or Conflict''. Such execution, delivery and performance do not violate or conflict with<br>
any law applicable to it, any provision of its constitutional documents, any order or judgment of any court or<br>
other agency of government applicable to it or any of its assets or any contractual restriction binding on or<br>
affecting it or any of its assets;<br>
<br>
(iv) ''Consents''. All governmental and other consents that are required to have been obtained by it with<br>
respect to this Agreement or any {{isdaprov|Credit Support Document}} to which it is a party have been obtained and are<br>
in full force and effect and all conditions of any such consents have been complied with; and<br>
<br>
(v) ''Obligations Binding''. Its obligations under this Agreement and any {{isdaprov|Credit Support Document}} to<br>
which it is a party constitute its legal, valid and binding obligations, enforceable in accordance with their<br>
respective terms (subject to applicable bankruptcy, reorganisation, insolvency, moratorium or similar laws<br>
affecting creditors’ rights generally and subject, as to enforceability, to equitable principles of general<br>
application (regardless of whether enforcement is sought in a proceeding in equity or at law)).|3(a)|2002}}<br>
{{isdaanatomy}}
{{isdaanatomy}}
*{{isdasplink2|Basic|Representations}}
*{{isdasplink2|Basic|Representations}}