Reliance on and Survival of Representations. All agreements, covenants, representations and warranties of the Company herein or of (or on behalf of) the Company in any Exhibit or in any certificate or other instrument delivered pursuant hereto or thereto shall: (a) be deemed to be material and to have been relied upon by each Purchaser, notwithstanding any investigation heretofore or hereafter made by each Purchaser or on his or its behalf, and (b) survive the execution and delivery of this Agreement and the execution and delivery of the Securities to each Purchaser and any investigation made at any time by him or it or on his or its behalf or any disposition of any of the Securities, until the expiration of any applicable statute of limitations.
Appears in 2 contracts
Samples: Securities Purchase and Exchange Agreement (White Owl Investors LLC), Securities Purchase and Exchange Agreement (Ponder Industries Inc)
Reliance on and Survival of Representations. All agreements, covenants, representations and warranties of the Company herein or in any Exhibit or of (or on behalf of) the Company in any Exhibit or in any certificate or other instrument delivered pursuant hereto or thereto shall: (a) be deemed to be material and to have been relied upon by each Purchaser, notwithstanding any investigation heretofore or hereafter made by each Purchaser or on his or its behalf, and (b) survive the execution and delivery of this Agreement and the execution and delivery of the Securities Senior Notes to each Purchaser and any investigation made at any time by him or it or on his or its behalf or any disposition of any of the SecuritiesSenior Notes, until and all representations and warranties contained in Article II hereof and in any Exhibit hereto and in any Financing Document shall expire and terminate upon payment in full of the expiration of any applicable statute of limitationsSenior Notes including all accrued interest thereon.
Appears in 2 contracts
Samples: Securities Purchase Agreement (White Owl Capital Partners), Securities Purchase Agreement (Ponder Industries Inc)