Representations and Warranties of CIBC. CIBC represents and warrants to, and agrees with, the Agent as of the date hereof (the “Commencement Date”), as of each date the Agent solicits offers to purchase Securities, as of the date of each acceptance by CIBC of an offer for the purchase of Securities (whether to the Agent as principal or through the Agent as agent) (the “Acceptance Date”), as of the Time of Sale (as defined below), as of the date of each delivery of Securities (whether to the Agent as principal or through the Agent as agent) (the “Settlement Date”), and as of any time that the Registration Statement (as defined below) or the Prospectus (as defined below) shall be amended or supplemented (other than by an amendment or supplement providing solely for the establishment of or a change in the interest rates, maturity or price of Securities or similar changes), or there is filed with the Commission any document incorporated by reference into the Prospectus (other than any Form 6-K relating exclusively to the issuance of debt securities under the Registration Statement other than the Securities) (each of the times referenced above being referred to herein as a “Representation Date”) as follows: provided, however, that as of the Commencement Date (as defined below) CIBC does not represent and warrant with respect to the Time of Sale, the Time of Sale Information (as defined below) or the Issuer Free Writing Prospectus (as defined below) that:
Representations and Warranties of CIBC. CIBC represents and warrants to the Purchaser as follows:
Representations and Warranties of CIBC. As a material inducement to the Issuer entering into this Agreement and issuing the Shares, CIBC represents and warrants to the Issuer, as of the date hereof and as of the Closing Date, and covenants with the Issuer, as follows:
Representations and Warranties of CIBC. CIBC hereby represents and warrants to each of the Parent and the Company as of the date of this Agreement, as of the Initial Closing Date and as of the Subsequent Closing Date, as follows: 588275.26-New York Server 6A - MSW
