Common use of Continuing Representation; Reliance Clause in Contracts

Continuing Representation; Reliance. The Investor acknowledges and agrees that the representations contained in this Agreement shall be deemed made on each day from the date it makes such representations through and including the date on which it disposes of all interests in the Subject Notes. It understands and agrees that the information supplied in this Agreement will be used and relied upon by the Issuer and the Trustee to determine that (i) the purchase, holding, or disposition of any Subject Notes will not result in a non-exempt prohibited transaction under ERISA or the Code and will not result in a non-exempt violation of any applicable Other Plan Law, and (ii) no Affected Bank, directly or in conjunction with its affiliates, owns or holds any Subject Notes at any time.

Appears in 3 contracts

Sources: Subscription Agreement (Business Development Corp of America), Subscription Agreement (Business Development Corp of America), Subscription Agreement (Business Development Corp of America)