Representations and Warranties Borrower represents and warrants as follows:
Amendment This Warrant may be modified or amended or the provisions hereof waived with the written consent of the Company and the Holder.
WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and
Survival The representations and warranties contained herein shall survive the Closing and the delivery of the Securities.
Entire Agreement This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement and supersedes all prior agreements, understandings and negotiations between the parties.
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”).
Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.
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.
NOW, THEREFORE the parties hereto agree as follows:
Definitions For purposes of this Agreement:
