Template:ISDA Master Agreement 2002 3(a): Difference between revisions

no edit summary
(Created page with "{{isdaprov|3(a)}} '''{{isdaprov|Basic Representations}}'''. <br> :{{isdaprov|3(a)(i)}} ''{{isdaprov|Status}}''. It is duly organised and validly existing under the laws of th...")
 
No edit summary
Line 1: Line 1:
{{isdaprov|3(a)}} '''{{isdaprov|Basic Representations}}'''. <br>  
{{isdaprov|3(a)}} '''{{isdaprov|Basic Representations}}'''. <br>  
:{{isdaprov|3(a)(i)}} ''{{isdaprov|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>
:{{isdaprov|3(a)(i)}} '''{{isdaprov|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>
:{{isdaprov|3(a)(ii)}} ''{{isdaprov|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>
:{{isdaprov|3(a)(ii)}} '''{{isdaprov|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>
:{{isdaprov|3(a)(iii)}} ''{{isdaprov|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>
:{{isdaprov|3(a)(iii)}} '''{{isdaprov|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>
:{{isdaprov|3(a)(iv)}} ''{{isdaprov|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>
:{{isdaprov|3(a)(iv)}} '''{{isdaprov|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>
:{{isdaprov|3(a)(v)}} ''{{isdaprov|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)). <br>
:{{isdaprov|3(a)(v)}} '''{{isdaprov|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)). <br>