Common use of Warranty as to Receipts Clause in Contracts

Warranty as to Receipts. The Corporation hereby represents and warrants that the Receipts, when issued against payment therefor in accordance with the Underwriting Agreement and this Deposit Agreement, will be entitled to the rights hereunder, and the benefits of this Deposit Agreement and will represent legal and valid interests in the Series D Preferred Stock. Such representation and warranty shall survive the deposit of the Series D Preferred Stock and the issuance of the Receipts.

Warranty as to Receipts. The Corporation hereby represents and warrants that the Receipts, when issued against payment therefor in accordance with the Underwriting Agreement and this Deposit Agreement, will be entitled to the rights hereunder, and the benefits of this Deposit Agreement and will represent legal and valid interests in the Series D A Convertible Preferred Stock. Such representation and warranty shall survive the deposit of the Series D A Convertible Preferred Stock and the issuance of the Receipts.

Warranty as to Receipts. The Corporation hereby represents and warrants that the Receipts, when issued against payment therefor in accordance with the Underwriting Agreement and this Deposit Agreement, will be entitled to the rights hereunder, and the benefits of this Deposit Agreement and will represent legal and valid interests in the Series D C Preferred Stock. Such representation and warranty shall survive the deposit of the Series D C Preferred Stock and the issuance of the Receipts.

Warranty as to Receipts. The Corporation hereby represents and warrants that the Receipts, when issued against payment therefor in accordance with the Underwriting Agreement and this Deposit Agreement, will be entitled to the rights hereunder, and the benefits of this Deposit Agreement and will represent legal and valid interests in the Series D E Preferred Stock. Such representation and warranty shall survive the deposit of the Series D E Preferred Stock and the issuance of the Receipts.

Warranty as to Receipts. The Corporation hereby represents and warrants that the Receipts, when issued against payment therefor in accordance with the Underwriting Agreement and this Deposit Agreement, will be entitled to the rights hereunder, and the benefits of this Deposit Agreement and will represent legal and valid interests in the Series D I Preferred Stock. Such representation and warranty shall survive the deposit of the Series D I Preferred Stock and the issuance of the Receipts.

Warranty as to Receipts. The Corporation hereby represents and warrants that the Receipts, when issued against payment therefor in accordance with the Underwriting Purchase Agreement and this Deposit Agreement, will be entitled to the rights hereunder, and the benefits of this Deposit Agreement and will represent legal and valid interests in the Series D B Convertible Preferred Stock. Such representation and warranty shall survive the deposit of the Series D B Convertible Preferred Stock and the issuance of the Receipts.

Warranty as to Receipts. The Corporation hereby represents and warrants that the Receipts, when issued and delivered against payment therefor in accordance with the Underwriting Agreement and this Deposit Agreement, will be entitled to the rights hereunder, and the benefits of this Deposit Agreement and will represent legal and valid interests in the Series D F Preferred Stock. Such representation and warranty shall survive the deposit of the Series D F Preferred Stock and the issuance of the Receipts.

Warranty as to Receipts. The Corporation hereby represents and warrants that the Receipts, when issued against payment therefor in accordance with this Deposit Agreement and the Underwriting Agreement and this Deposit or Stock Purchase Agreement, as the case may be, will be entitled to the rights hereunder, and the benefits of this Deposit Agreement and will represent legal and valid interests in the deposited shares of Series D E Preferred Stock. Such representation and warranty shall survive the deposit of the shares of Series D E Preferred Stock and the issuance of the Receipts.

Warranty as to Receipts. The Corporation hereby represents and warrants that the Receipts, when issued and delivered against payment therefor in accordance with the Underwriting Agreement and this Deposit Agreement, will be entitled to the rights hereunder, and the benefits of this Deposit Agreement and will represent legal and valid interests in the Series D Preferred Stock. Such representation and warranty shall survive the deposit of the Series D Preferred Stock and the issuance of the Receipts.

Warranty as to Receipts. The Corporation hereby represents and warrants that the Receipts, when issued against payment therefor in accordance with the Underwriting Agreement and this Deposit Agreement, will be entitled to the rights hereunder, and the benefits of this Deposit Agreement and will represent legal and valid interests in the deposited shares of the Series D A Preferred Stock. Such representation and warranty shall survive the deposit of the shares of the Series D A Preferred Stock and the issuance of the Receipts.

Warranty as to Receipts. The Corporation hereby represents and warrants that the Receipts, when issued and delivered against payment therefor in accordance with the Underwriting Agreement and this Deposit Agreement, will be entitled to the rights hereunder, and the benefits of this Deposit Agreement and will represent legal and valid interests in the Series D E Preferred Stock. Such representation and warranty shall survive the deposit of the Series D E Preferred Stock and the issuance of the Receipts.

Warranty as to Receipts. The Corporation hereby represents and warrants that the Receipts, when issued against payment therefor in accordance with the Underwriting Agreement and this Deposit Agreement, will be entitled to the rights hereunder, and the benefits of this Deposit Agreement and will represent legal and valid interests in the Series D J Preferred Stock. Such representation and warranty shall survive the deposit of the Series D J Preferred Stock and the issuance of the Receipts.

Warranty as to Receipts. The Corporation hereby represents and warrants that the Receipts, when issued and delivered against payment therefor in accordance with the Underwriting Agreement and this Deposit Agreement, will be entitled to the rights hereunder, and the benefits of this Deposit Agreement and will represent legal and valid interests in the Series D G Preferred Stock. Such representation and warranty shall survive the deposit of the Series D G Preferred Stock and the issuance of the Receipts.

Warranty as to Receipts. The Corporation hereby represents and warrants that the Receipts, when issued against payment therefor in accordance with the Underwriting Agreement and this Deposit Agreement, will be entitled to the rights hereunder, and the benefits of this Deposit Agreement and will represent legal and valid interests in the Series D G Preferred Stock. Such representation and warranty shall survive the deposit of the Series D G Preferred Stock and the issuance of the Receipts.

Warranty as to Receipts. The Corporation hereby represents and warrants that the Receipts, when issued against payment therefor in accordance with the Underwriting Agreement and this Deposit Agreement, will be entitled to the rights hereunder, and the benefits of this Deposit Agreement and will represent legal and valid interests in the Series D F Preferred Stock. Such representation and warranty shall survive the deposit of the Series D F Preferred Stock and the issuance of the Receipts.

Warranty as to Receipts. The Corporation hereby represents and warrants that the Receipts, when issued against payment therefor in accordance with the Underwriting Agreement and this Deposit Agreement, will be entitled to the rights hereunder, and the benefits of this Deposit Agreement and will represent legal and valid interests in the Series D H Preferred Stock. Such representation and warranty shall survive the deposit of the Series D H Preferred Stock and the issuance of the Receipts.

Warranty as to Receipts. The Corporation hereby represents and warrants that the Receipts, when issued against payment therefor in accordance with the Underwriting Agreement and this Deposit Agreement, will be entitled to the rights hereunder, and the benefits of this Deposit Agreement and will represent legal and valid interests in the Series D H Preferred Stock. Such representation and warranty shall survive the deposit of the Series D H Preferred Stock and the issuance of the Receipts.. -10- ActiveUS 167765364v.7