Common use of Warranty as to Stock Clause in Contracts

Warranty as to Stock. The Company hereby represents and warrants to the Depositary that the Stock, when issued and delivered against payment therefor in accordance with the Underwriting Agreement and the Company’s Second Amended and Restated Certificate of Incorporation, as amended (including the Certificate of Designations), will be duly authorized, validly issued, fully paid and nonassessable. Such representation and warranty shall survive the deposit of shares of Stock and the issuance of the related Receipts.

Warranty as to Stock. The Company hereby represents and warrants to the Depositary that the Receipts, when issued, will evidence legal and valid interests in the Depositary Shares and that the Stock, when issued and delivered against payment therefor in accordance with the Underwriting Agreement and the Company’s Second Amended and Restated Certificate of Incorporation, as amended (including the Certificate of Designations)issued, will be duly authorized, validly issued, fully paid and nonassessable. Such representation and warranty shall survive the deposit of shares of Stock and the issuance of the related Receipts.

Warranty as to Stock. The Company hereby represents and warrants and each person so depositing Stock under this Deposit Agreement shall be deemed thereby to the Depositary represent and warrant that the StockStock and each certificate therefor, when issued and delivered against payment therefor in accordance with the Underwriting Agreement and the Company’s Second Amended and Restated Certificate of Incorporationissued, as amended (including the Certificate of Designations), will shall be duly authorized, validly issued, fully paid and nonassessable. Such representation and warranty shall survive the deposit of shares of the Stock and the issuance of the related Receipts.