Common use of REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY Clause in Contracts

REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. The indemnity and contribution agreements contained in Section 9 and all representations and warranties of the Fund, the Adviser and KACALP herein or in certificates delivered pursuant hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of [-], any controlling persons, or the Fund, the Adviser and KACALP (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. The indemnity and contribution agreements contained in Section 9 and all representations and warranties of the Fund, the Adviser and KACALP herein or in certificates delivered pursuant hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of [-]CF&Co, any controlling persons, or the Fund, the Adviser and KACALP (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. The indemnity and contribution agreements contained in Section 9 of this Agreement and all representations and warranties of the Fund, the Adviser and KACALP herein or in certificates delivered pursuant hereto shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of [-]CF&Co, any controlling persons, or the Fund, the Adviser and KACALP (or any of their respective officers, directors or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.