Assignment This Agreement and all rights and obligations hereunder may not be assigned without the written consent of the other party.
AGREEMENT The parties agree as follows:
WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and
Confidentiality (a) Subject to Section 7.15(c), during the Term and for a period of three
Representations and Warranties Borrower represents and warrants as follows:
NOW, THEREFORE the parties hereto agree as follows:
No Third Party Beneficiaries This Agreement is intended for the benefit of the parties hereto and their respective permitted successors and assigns, and is not for the benefit of, nor may any provision hereof be enforced by, any other person.
Indemnification In the event any Registrable Securities are included in a Registration Statement under this Agreement:
Indemnity The Warrant Agent shall be liable hereunder only for its own gross negligence, willful misconduct or bad faith. The Company agrees to indemnify the Warrant Agent and save it harmless against any and all liabilities, including judgments, costs and reasonable counsel fees, for anything done or omitted by the Warrant Agent in the execution of this Agreement, except as a result of the Warrant Agent’s gross negligence, willful misconduct or bad faith.
Waiver The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.
