REPRESENTATIONS AND WARRANTIES OF THE FUND AND THE EXECUTIVES. Pursuant to Section 5.1 of the Original Agreement, the Fund and the Initial Stockholders made certain representations and warranties, each of which representations and warranties will survive and be unaffected by the execution and delivery of this Agreement and the Contribution Agreement and the consummation of the contributions and issuances contemplated by the Contribution Agreement. In addition, as an inducement to each other party to enter into this Agreement and the Contribution Agreement and to consummate the transactions contemplated by the Contribution Agreement, each of the Fund, Wolsey, Dell'Apa, Xxxxx and the Xxxxx Trust represents and warrants to the others and to the Company and Pinnacle Towers, effective as of the time of and immediately after giving effect to the execution and delivery of this Agreement and the Contribution Agreement and the consummation of the contributions and issuances contemplated by the Contribution Agreement (as if such representations and warranties were made at such time), and with respect to itself or himself and not with respect to any other Person, that:
