Representations and Warranties Borrower represents and warrants as follows:
Term The term of this Agreement will be ten (10) years from the Effective Date (as such term may be extended pursuant to Section 4.2, the “Term”).
Amendment This Warrant may be modified or amended or the provisions hereof waived with the written consent of the Company and the Holder.
Amendments This Agreement may not be amended, modified or waived as to any particular provision, except by a written instrument executed by all parties hereto.
Definitions For purposes of this Agreement:
Survival The representations and warranties contained herein shall survive the Closing and the delivery of the Securities.
Termination This Agreement may be terminated at any time prior to the Closing:
Waiver The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.
Indemnification In the event any Registrable Securities are included in a Registration Statement under this Agreement:
Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.