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

REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. All representations and warranties of the Company 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 Sales Agent, the Forward Seller or the Forward Purchaser or any of their respective officers, directors, employees and agents and any Controlling Persons, (ii) delivery and acceptance of the Shares and payment therefor, (iii) the settlement of any Forward Contract or (iv) any termination of this Agreement or the Master Forward Confirmation and any “Supplemental Confirmation” executed in connection with the Master Forward Confirmation.

REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. All representations and warranties of the Company 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 the Sales Agent, the Forward Seller or the Forward Purchaser or any of their the respective officers, directors, employees and agents and any Controlling Persons, (ii) delivery and acceptance of the Shares and payment therefor, (iii) the settlement of any Forward Contract or (iv) any termination of this Agreement or the Master Forward Confirmation and any “Supplemental Confirmation” executed in connection with the Master Forward Confirmation.

REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. All representations and warranties of the Company 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 Sales Agent, the Forward Seller or the Forward Purchaser or any of their respective officers, directors, employees and agents and any Controlling Persons, (ii) delivery and acceptance of the Shares and payment therefor, (iii) the settlement of any Forward Contract Confirmation or (iv) any termination of this Agreement or the Master Forward Confirmation and any “Supplemental Confirmation” executed in connection with the Master Forward Confirmation.

REPRESENTATIONS AND WARRANTIES TO SURVIVE DELIVERY. All representations and warranties of the Company 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 each Sales Agent, the each Forward Seller or the and each Forward Purchaser or and any of their respective officers, directors, employees and agents and any Controlling Persons, (ii) delivery and acceptance of the Shares and payment therefor, therefor (iii) the settlement of any Forward Contract Confirmation or (iv) any termination of this Agreement or the Agreement, any Terms Agreement, any Master Forward Confirmation and any “Supplemental Confirmation” executed in connection with the Master Forward ConfirmationConfirmations.