THE PARTIES HERETO CONFIRM THAT EACH SIGNATORY PARTY TO THIS AGREEMENT IS FULLY EMPOWERED, LEGALLY QUALIFIED AND DULY AUTHORIZED TO EXECUTE AND DELIVER THIS DOCUMENT AND AS SUCH BE LEGALLY BOUND BY ITS TERMS AND CONDITIONS. THE CONTEMPLATED TRANSACTION CONSTITUTES A TRUNCATION AS PER THE ACQUISITION OF A SWIFT MT110 DULY AGREED BY AND BETWEEN THE TWO PRINCIPAL ENTITIES HERETO, AND, AS SUCH IS NOT INTENDED TO BE NOR TO BE CONSTRUED TO BE A “SECURITIES TRANSACTION” WITHIN THE MEANING OF THE UNITED STATES SECURITIES ACT OF 1934, AS, AMENDED, OR RULES AND/OR REGULATIONS PROMULGATED THEREIN AND/OR THERE UNDER THE LAWS, STATUTES, RULES AND REGULATIONS OR ANY OTHER JURISDICTION