Accuracy of Representations and Warranties. Each of the representations and warranties of the Purchaser set forth in Article 5 hereof shall be true and correct in all material respects (without giving effect to such materiality qualifier to the extent such representation or warranty is already qualified as to “material”, “materiality” or “Material Adverse Effect”) as of the date of this Agreement and as of the Initial Closing Date (except to the extent that such representation or warranty speaks to an earlier date, in which case such representation or warranty shall be true and correct as of such earlier date).

Accuracy of Representations and Warranties. Each of # the representations and warranties of the Company Group set forth in Article 4 hereof (other than the Fundamental Representations) shall be true and correct in all material respects (without giving effect to such materiality qualifier to the extent such representation or warranty is already qualified as to “material”, “materiality” or “Material Adverse Effect”) as of the date hereof and as of the Initial Closing Date (except to the extent that such representation or warranty speaks to a different place or time, in which case such representation or warranty shall be been true and correct as of such other date or time) and # the Fundamental Representations shall be true and correct in all respects as of the date hereof and as of the Initial Closing Date.

Accuracy of Representations and Warranties. Each of the representations and warranties of the Purchaser set forth in Article 5 hereof shall be true

Accuracy of Representations of BUTTE. The representations and warranties of BUTTE contained in this Agreement (including the exhibits hereto and the BUTTE Disclosure Schedule) or any schedule, certificate, or other instrument delivered pursuant to the provisions hereof or in connection with the transactions contemplated hereby shall be true and correct in all material respects at and as of the Closing Date (except for changes permitted by this Agreement) and shall be deemed to be made again as of the Closing Date.

List of Exhibits and Exhibit Pages. The reference to “each Additional Closing” under the headings “List of Exhibits” and “Exhibit B-22]” in the Purchase Agreement shall be replaced with “the Additional Closing.”

#Appendix A: Form of LDI Note

#Exhibit A: Amended and Restated Senior Note

#Exhibit A: A&R ​ Secured Note

Exhibit # Form of Instrument of Transfer

All references to particular Exhibits, Articles, or Sections shall mean the Exhibits to, and Articles and Sections of this Agreement, unless otherwise specified. For the purposes of this Agreement and the Exhibits hereto, the following words and phrases shall have the following meanings: