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EFTA01450120

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DRAFT lax, business, investment, financial, or accounting objectives. [bleed to clarify that this refers to the economics of a trade, not the conduct of Party Al (iv)Party 13 entered into this Agreement and is entering into that Transaction for Party B's own account as principal (and not as agent or in any other capacity, fiduciary or otherwise). (v) pm 13 has, as of such date, (x) total assets; (y) net worth (for the purposes hereof, net worth equals the assets of Party B minus the liabilities of Party B as reflected in the most recent tinancial statements of Party B delivered to Party A); and (z) liquid assets at least equal to the amounts specified in Appendix H to the Schedule to the Agrecinent. Party B is prepared to bear, and will be capable of bearing (financially and otherwise) all risks associated with that Transaction and all other Transactions and has sufficient financial wherewithal to incur any loss associated with entering into and performing its obligations under that Transaction and all other Transactions. Sec modifications to Appendix II [needs to be at low-end, note each trade will be aixxmagnign by an IM anginal and an understanding, of needed collateral, which reduces risk for Party A( (vi)Pany 13's entrance into this Agreement and that Transaction complied and will comply in all respects with all applicable laws, rules, regulations, interpretations, guidelines, and governmental and regulatory authorities affecting Party B. (vii) The financial information of Party B heretofore furnished to Party A fairly presents the financial condition of Party B on the dates and for the periods covered thereby. As of the date of this Agreement, Party B does not have any material liability or contingent obligation not shown on such statements. Since the date of such financial information there has been no material adverse change in the financial condition, operations, assets, and prospects of Party B. (e) Sd Of Section 6(0 of this Agre

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