Section # Brokers. No broker, finder or investment banker is entitled to any brokerage, finder's or other fee or commission in connection with the transactions contemplated by this Agreement based upon arrangements made by or on behalf of the Company.

Section # Brokers. The Company has taken no action which would give rise to any claim by any person for brokerage commissions, finders’ fees or similar payments by any Backstop Party relating to this Agreement or the transactions contemplated hereby.

“Selected Buyer Representations” means the warranties and representations of the Buyer contained in [Section 5.1] (Corporate Matters), [Section 5.2] (Authority), [Section 5.3] (excluding [subsections (b) and (c)])] thereof) (No Conflict), [Section 5.5] (Diligence; Securities Law Compliance) and [Section 5.6] (Brokers; Agents), above.

Commissions. Sellers and Purchaser mutually represent and warrant that no real estate commission, finders' or brokers' fee has been or will be incurred in connection with this Agreement for the sale of Assets contemplated hereby. Each Party agrees to indemnify and hold the other harmless from and against any and all real estate commissions, finders' fees or brokers' fees due or claimed to be due in connection with this transaction and attributable to the indemnifying Party, such indemnity to include reasonable attorneys' fees and costs incurred in connection with any such claim.

§6.22 Property Brokers. None of the Credit Parties has engaged or otherwise dealt with any broker, finder or similar entity in connection with this Agreement or the Loans contemplated hereunder.

“Fundamental Company Representations” means the representations and warranties contained in Section 4.1.2 (Restrictions on Transfer), [Section 4.1.3] (Organizational Matters), [Section 4.1.5] (Capitalization), [Section 4.1.12] (Taxes) and [Section 4.1.22] (Brokers; Agents).

“Federal Funds Rate” means, for any day, the weighted average of the rates on overnight federal funds transactions with members of the Federal Reserve System arranged by federal funds brokers, as published on the next succeeding Business Day by the Federal Reserve Bank of New York, or, if such rate is not so published for any day that is a Business Day, the average of the quotations for the day of such transactions received by SVB from three federal funds brokers of recognized standing selected by it.

The representations and warranties of Buyer contained in this Agreement (whether or not contained in Article 5), other than the representations and warranties set forth in [Section 5.1] (Organization), [Section 5.2] (Authority) and [Section 5.4] (Brokers) (the “Buyer Fundamental Representations”), shall survive the Closing until the General Survival Expiration Date at which time such representations shall terminate and thereafter be of no force and effect. The Buyer Fundamental Representations shall survive the Closing indefinitely.

Section # Finders; Brokers. Except for Bank of America Merrill Lynch, neither Seller nor its Affiliates has any liability or obligation to pay fees or commissions to any broker, finder or agent with respect to the transactions contemplated hereby for which ​ could become liable or obligated. All fees of Bank of America Merrill Lynch shall be paid by Seller, and no portion thereof shall be charged to or paid by the ​ or ​.

Section # Brokers and Other Advisors. Except as provided in Section 9.11, no broker, investment banker, financial advisor or other Person is entitled to any broker’s, finder’s, financial advisor’s or other similar fee or commission, or the reimbursement of expenses in connection therewith, in connection with this Agreement or the Exchanges based upon arrangements made by or on behalf of Deason, other than any arrangements for which Deason is solely responsible.