Representations and Warranties will be Relied Upon by the Issuer. The Subscriber acknowledges and agrees that the representations and warranties contained in this Agreement and the Questionnaire, as applicable, are made by it with the intention that such representations and warranties may be relied upon by the Issuer and the Issuer’s Counsel in determining the Subscriber’s eligibility to purchase the Securities under applicable laws, or, if applicable, the eligibility of others on whose behalf the Subscriber is contracting hereunder to purchase the Securities under applicable laws. The Subscriber further agrees that, by accepting delivery of the certificate representing the Note, it will be representing and warranting that the representations and warranties contained herein are true and correct as at the Closing Date with the same force and effect as if they had been made by the Subscriber on the Closing Date and that they will survive the purchase by the Subscriber of the Securities and will continue in full force and effect notwithstanding any subsequent disposition by the Subscriber of such Securities.
Representations and Warranties will be Relied Upon by the Issuer. 7.1 The Subscriber acknowledges that the representations, warranties and covenants made by the Subscriber in this Agreement (including without limitation those made in each exhibit, as applicable, to be executed and delivered in accordance with this Agreement) are made with the intent that they may be relied upon by the Issuer and its counsel to, among other things, determine the Subscriber’s eligibility to purchase the Units, including, without limitation, the availability of exemptions from the registration and prospectus requirements of applicable Securities Laws in connection with the issuance of the Units to the Subscriber. The Subscriber further covenants to the Issuer that by accepting the Units, the Subscriber shall be representing and warranting that such representations and warranties are true as at the Closing Date with the same force and effect as if they had been made by the Subscriber at the Closing Date and that the covenants of the Subscriber made by it in this Agreement to be performed prior to the Closing Date have been performed. The Subscriber further agrees to indemnify the Issuer and each of its respective trustees, officers, employees, advisers, affiliates, unitholders and agents, and their respective counsel, against all losses, claims, costs, expenses, damages and liabilities which any of them may suffer or incur and which are caused by or arise from any inaccuracy in, or breach or misrepresentation by the Subscriber of, any such representations, warranties and covenants. The Subscriber undertakes to immediately notify the Issuer of any change in any statement or other information relating to the Subscriber set forth herein or in any Certificate, as applicable, that takes place prior to the Closing Date.
Representations and Warranties will be Relied Upon by the Issuer. 6.1 The Subscriber acknowledges that the representations and warranties contained herein are made by it with the intention that such representations and warranties may be relied upon by the Issuer and its legal counsel. The Subscriber further agrees that by accepting delivery of the certificates representing the Preferred Shares on the Closing Date, it will be representing and warranting that the representations and warranties contained herein are true and correct as at the Closing Date with the same force and effect as if they had been made by the Subscriber on the Closing Date and that they will survive the purchase by the Subscriber of the Securities and will continue in full force and effect notwithstanding any subsequent disposition by the Subscriber of such Securities.
