General Provisions In connection with any Registration Statement and any Prospectus required by this Agreement to permit the sale or resale of Transfer Restricted Securities (including, without limitation, any Registration Statement and the related Prospectus required to permit resales of Initial Securities by Broker-Dealers), each of the Company and the Guarantors shall:
Amendment This Warrant may be modified or amended or the provisions hereof waived with the written consent of the Company and the Holder.
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.
Survival The representations and warranties contained herein shall survive the Closing and the delivery of the Securities.
Definitions For purposes of this Agreement:
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.
Representations and Warranties Borrower represents and warrants as follows:
Confidentiality (a) Subject to Section 7.15(c), during the Term and for a period of three
Limitation of Liability No provision hereof, in the absence of any affirmative action by the Holder to exercise this Warrant to purchase Warrant Shares, and no enumeration herein of the rights or privileges of the Holder, shall give rise to any liability of the Holder for the purchase price of any Common Stock or as a stockholder of the Company, whether such liability is asserted by the Company or by creditors of the Company.
Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.
