Representations and Warranties of SMGI. SMGI represents and warrants as follows to the Company as of the date hereof and as of the Closing Date and acknowledges and confirms that the Company is relying on such representations and warranties in connection with the sale by the Company of the Preferred Shares and the other transactions contemplated hereby (it being understood that no investigations made by or on behalf of the Company shall have the effect of waiving, diminishing the scope of, or otherwise affecting any such representations and warranties):
Representations and Warranties of SMGI. SMGI hereby represents and warrants to TRINITY and the TRINITY Member as follows:
