Events of Default Any of the following shall constitute an Event of Default:
Amendment This Warrant may be modified or amended or the provisions hereof waived with the written consent of the Company and the Holder.
Use of Proceeds The Company will use the net proceeds received by it from the sale of the Securities in the manner specified in the Prospectus under “Use of Proceeds.”
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”).
Definitions For purposes of this Agreement:
Representations and Warranties of the Company The Company represents and warrants to each Underwriter that:
Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.
Defined Terms As used in this Agreement, the following terms have the meanings specified below:
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.
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.