Representations and Agreements of Holders. Each Holder of a Purchase Contract by its acceptance thereof: (i) irrevocably authorizes the Purchase Contract Agent to enter into and perform this Agreement on its behalf as its attorney-in-fact; (ii) consents to the provisions hereof; (iii) represents that its acquisition of the Purchase Contracts and its holding of the same satisfy the applicable fiduciary requirements of ERISA, if any, and that it is entitled to exemption relief from the prohibited transaction provisions of ERISA and the Code in accordance with one or more prohibited transaction exemptions or that such acquisition otherwise will not result in a nonexempt prohibited transaction; (iv) in the case of a Holder that holds a Unit, agrees, for United States tax purposes, to treat (1) a Unit as an investment unit composed of two separate instruments, in accordance with its form and (2) the Notes as indebtedness; and (v) agrees to be bound by the terms and provisions thereof.
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Sources: Purchase Contract Agreement (Synovus Financial Corp), Purchase Contract Agreement (Citigroup Inc)
Representations and Agreements of Holders. Each Holder of a Purchase Contract by its acceptance thereof:
(i) irrevocably authorizes the Purchase Contract Agent to enter into and perform this Agreement on its behalf as its attorney-in-fact;
(ii) consents to the provisions hereof;
(iii) represents that its acquisition of the Purchase Contracts and its holding of the same satisfy the applicable fiduciary requirements of ERISA, if any, and that it is entitled to exemption relief from the prohibited transaction provisions of ERISA and the Code in accordance with one or more prohibited transaction exemptions or that such acquisition otherwise will not result in a nonexempt prohibited transaction;
(iv) in the case of a Holder that holds a Unit, agrees, for United States federal income tax purposes, to treat (1) a Unit as an investment unit composed of comprising two separate instruments, in accordance with its form and (2) the Notes as indebtedness; and
(v) agrees to be bound by the terms and provisions thereof.
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