Common use of Transaction Terms and Conditions Clause in Contracts

Transaction Terms and Conditions. Section 2.1 is amended by deleting the text therefrom and substituting the following in its stead: “The Transaction. The Transaction shall be entered into upon the execution by the Parties of this Agreement and the Amended and Restated Confirmation Agreement. Each Party agrees not to contest, or assert any defense to, the validity or enforceability of the Transaction, this Master Agreement or the Amended and Restated Confirmation Agreement based upon any lack of authority of the Party or any lack of authority of any employee of the Party to enter into the Transaction, this Master Agreement or the Amended and Restated Confirmation Agreement.”

Transaction Terms and Conditions. Section 2.1 is amended by deleting the text therefrom and substituting the following in its stead: “The Transaction. The Transaction shall be entered into upon the execution by the Parties of this Agreement and the Amended and Restated Confirmation Agreement. Each Party agrees not to contest, or assert any defense to, the validity or enforceability of the Transaction, this Master Agreement or the Amended and Restated Confirmation Agreement based upon any lack of authority of the Party or any lack of authority of any employee of the Party to enter into the Transaction, this Master Agreement or the Amended and Restated Confirmation Agreement.”