Effectiveness of Representations; Survival. Each party is entitled to rely on the representations, warranties and agreements of each of the other parties and all such representation, warranties and agreement will be effective regardless of any investigation that any party has undertaken or failed to undertake. Unless otherwise stated in this Agreement the representations, warranties and agreements will survive the Closing and continue in full force and effect until one (1) year after the Closing, except for instances of fraud, which shall survive indefinitely.

EXECUTION, EFFECTIVENESS, SURVIVAL. This Agreement may be executed in counterparts (and by different parties hereto in different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. This Agreement and the other documents executed in connection herewith constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Delivery of an executed counterpart of a signature page of this Agreement by telecopy shall be effective as delivery of a manually executed counterpart of this Agreement. This Agreement shall become effective upon the execution and delivery hereof by ​ and ​ and shall continue in full force and effect until the Maturity Date and thereafter so long as any Obligations remain outstanding hereunder. ​ reserves the right to issue press releases, advertisements, and other promotional materials describing any successful outcome of services provided on ​’s behalf. ​ agrees that ​ shall have the right to identify ​ by name in those materials.

Survival of Representations. All representations and warranties of the Company contained in this Agreement shall survive delivery of this Agreement and the making of the Loans herein contemplated so long as any principal, accrued interest, fees, or any other amount due and payable under any Loan Document is outstanding and unpaid (other than contingent reimbursement and indemnification obligations).

Survival of Representations. All representations and warranties by ​ herein shall survive the termination or expiration of this Agreement and the making of any and all Advances. Any and all investigations at any time made by or on behalf of ​ shall not limit, impair or diminish ​’s right to rely on any and all representations and warranties by ​ herein.

Section # Survival of Representations and Warranties 197195

Survival of Representations and Warranties; Indemnification. 15

Section # Survival of Representations and Warranties; Entire Agreement.

SECTION #Survival of Representations and Warranties, Etc.‌7178

168 SECTION 10.13 Survival of Representations and Warranties

Effectiveness. This Amendment shall become effective on the date on which the following conditions precedent have been satisfied or waived (the “First Amendment Effective Date”):