This excerpt taken from the GWW 10-Q filed Nov 2, 2007.
Securities Act), by virtue of Section 4(2) thereof Accordingly, each party represents and warrants to the other that (i) it has the financial ability to bear the economic risk of its investment in each Transaction and is able to bear a total loss of its investment, (ii) it is an accredited investor as that term is defined under Regulation D under the Securities Act and (iii) the disposition of each Transaction is restricted under this Master Confirmation, the Securities Act and state securities laws.
4. Additional Representations, Warranties and Covenants of Counterparty. In addition to the representations, warranties and covenants in the Agreement, Counterparty represents, warrants and covenants to GS&Co. that:
(a) The purchase or writing of each Transaction and the transactions contemplated hereby will not violate Rule 13e-1 under the Securities Exchange Act of 1934, as amended (the