Current Shareholders’ Representations and Warranties. (1) Subject to the following provisions of this § 8 as well as the provisions of § 10 below, each of the Current Shareholders severally and not jointly (als Einzelschuldner) hereby represents and warrants to each of the Series C Investors in the form of an independent guarantee (selbstständiges Garantieversprechen) within the meaning of § 311 (1) of the German Civil Code (BGB) and with the legal consequences, and only with the legal consequences, set forth in § 8(2) below, that all of the following statements are fully true and correct with respect to his capacity and his title to shares of the Company as of the date of the notarization of this Agreement (hereinafter collectively referred to as the “Current Shareholders’ Representations and Warranties” and each individually as a “Current Shareholders’ Representation and Warranty”):
