Common use of Accuracy of the Investor’s Representations and Warranties Clause in Contracts

Accuracy of the Investor’s Representations and Warranties. The representations and warranties of the Investor contained in this Agreement (i) that are not qualified by “materiality” shall have been true and correct in all material respects when made and shall be true and correct in all material respects as of the applicable Fixed Request Exercise Date and the applicable Settlement Date with the same force and effect as if made on such dates, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct in all material respects as of such other date and (ii) that are qualified by “materiality” shall have been true and correct when made and shall be true and correct as of the applicable Fixed Request Exercise Date and the applicable Settlement Date with the same force and effect as if made on such dates, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct as of such other date.

Accuracy of the Investor’s Representations and Warranties. The representations and warranties of the Investor contained in this Agreement (ia) that are not qualified by “materiality” shall have been true and correct in all material respects when made and shall be true and correct in all material respects as of the applicable Fixed Request Exercise Date and the applicable Settlement Date with the same force and effect as if made on such dates, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct in all material respects as of such other date and (iib) that are qualified by “materiality” shall have been true and correct when made and shall be true and correct as of the applicable Fixed Request Exercise Date and the applicable Settlement Date with the same force and effect as if made on such dates, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct as of such other date.

Accuracy of the Investor’s Representations and Warranties. The representations and warranties of the Investor contained in this Agreement (ia) that are not qualified by “materiality” shall have been true and correct in all material respects when made and shall be true and correct in all material respects as of the applicable Fixed Request Exercise Put Date and the applicable Settlement Closing Date with the same force and effect as if made on such dates, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct in all material respects as of such other date and (iib) that are qualified by “materiality” shall have been true and correct when made and shall be true and correct as of the applicable Fixed Request Exercise Put Date and the applicable Settlement Closing Date with the same force and effect as if made on such dates, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct as of such other date.

Accuracy of the Investor’s Representations and Warranties. The representations and warranties of the Investor contained in this Agreement (i) that are not qualified by “materiality” shall have been true and correct in all material respects when made and shall be true and correct in all material respects as of at the applicable Fixed Request Exercise Date and the applicable Settlement Date Purchase Condition Satisfaction Time with the same force and effect as if made on at such datestime, except to the extent such representations and warranties are as of another datedate or time, in which case, such representations and warranties shall be true and correct in all material respects as of such other date or time and (ii) that are qualified by “materiality” shall have been true and correct when made and shall be true and correct as of at the applicable Fixed Request Exercise Date and the applicable Settlement Date Purchase Condition Satisfaction Time with the same force and effect as if made on at such datestime, except to the extent such representations and warranties are as of another datedate or time, in which case, such representations and warranties shall be true and correct as of such other datedate or time.

Accuracy of the Investor’s Representations and Warranties. The representations and warranties of the Investor contained in this Agreement (ia) that are not qualified by “"materiality” " shall have been true and correct in all material respects when made and shall be true and correct in all material respects as of the applicable Fixed Request Exercise Date and the applicable Settlement Date with the same force and effect as if made on such dates, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct in all material respects as of such other date and (iib) that are qualified by “"materiality” " shall have been true and correct when made and shall be true and correct as of the applicable Fixed Request Exercise Date and the applicable Settlement Date with the same force and effect as if made on such dates, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct as of such other date.

Accuracy of the Investor’s Representations and Warranties. The representations and warranties of the Investor contained in this Agreement (ia) that are not qualified by “materiality” shall have been true and correct in all material respects when made and shall be true and correct in all material respects as of the applicable Fixed Draw Down Request Exercise Date and the applicable Settlement Closing Date or Subsequent Funding Date, as applicable, with the same force and effect as if made on such dates, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct in all material respects as of such other date and (iib) that are qualified by “materiality” shall have been true and correct when made and shall be true and correct as of the applicable Fixed Draw Down Request Exercise Date and the applicable Settlement Closing Date or Subsequent Funding Date, as applicable, with the same force and effect as if made on such dates, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct as of such other date.

Accuracy of the Investor’s Representations and Warranties. The representations and warranties of the Investor contained in this Agreement (i) that are not qualified by “materiality” shall have been true and correct in all material respects when made and shall be true and correct in all material respects as of at the applicable Fixed Request Exercise Date and the applicable Settlement Date VWAP Purchase Condition Satisfaction Time with the same force and effect as if made on at such datestime, except to the extent such representations and warranties are as of another datedate or time, in which case, such representations and warranties shall be true and correct in all material respects as of such other date or time and (ii) that are qualified by “materiality” shall have been true and correct when made and shall be true and correct as of at the applicable Fixed Request Exercise Date and the applicable Settlement Date VWAP Purchase Condition Satisfaction Time with the same force and effect as if made on at such datestime, except to the extent such representations and warranties are as of another datedate or time, in which case, such representations and warranties shall be true and correct as of such other datedate or time.

Accuracy of the Investor’s Representations and Warranties. The representations and warranties of the Investor contained in Article III of this Agreement (i) that are not qualified by “materiality” shall have been true and correct in all material respects when made and shall be true and correct in all material respects as of the applicable Fixed Request Exercise Date and the applicable Settlement Date with the same force and effect as if made on such dates, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct in all material respects as of such other date and (ii) that are qualified by “materiality” shall have been true and correct when made and shall be true and correct as of the applicable Fixed Request Exercise Date and the applicable Settlement Date with the same force and effect as if made on such dates, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct as of such other date.

Accuracy of the Investor’s Representations and Warranties. The representations and warranties of the Investor contained in this Agreement (ia) that are not qualified by “materiality” shall have been true and correct in all material respects when made as of the Signing Date and shall be true and correct in all material respects as of the applicable Fixed Request Exercise Date and the applicable Settlement Date with the same force and effect as if made on such datesClosing Date, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be have been or be, as applicable, true and correct in all material respects as of such other date and (iib) that are qualified by “materiality” shall have been true and correct when made as of the Signing Date and shall be true and correct as of the applicable Fixed Request Exercise Date and the applicable Settlement Date with the same force and effect as if made on such datesClosing Date, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be have been or be, as applicable, true and correct as of such other date.

Accuracy of the Investor’s Representations and Warranties. The It shall be a condition precedent to the obligation of the Company that the representations and warranties of the Investor contained in this Agreement (i) that are not qualified by “materiality” shall have been true and correct in all material respects when made and or “Material Adverse Effect” shall be true and correct in all material respects as of the applicable Fixed Request Exercise Date and the applicable Settlement Date with the same force and effect as if made on such datesClosing Date, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct in all material respects as of such other date and (ii) that are qualified by “materiality” shall have been true and correct when made and or “Material Adverse Effect” shall be true and correct as of the applicable Fixed Request Exercise Date and the applicable Settlement Date with the same force and effect as if made on date of such datesClosing Date, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct as of such other date. By virtue of his consummation of the Closing, the Investor shall be deemed to have certified that his representations and warranties contained in this Agreement are true and correct on the Closing Date as specified in the previous sentence.

Accuracy of the Investor’s Representations and Warranties. The representations and warranties of the Investor contained in this Agreement (ia) that are not qualified by “materiality” shall have been true and correct in all material respects when made and shall be true and correct in all material respects as of the Effective Date, the applicable Fixed Request Exercise Date and the applicable Settlement Date with the same force and effect as if made on such dates, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct in all material respects as of such other date and (iib) that are qualified by “materiality” shall have been true and correct when made and shall be true and correct as of the Effective Date, the applicable Fixed Request Exercise Date and the applicable Settlement Date with the same force and effect as if made on such dates, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct as of such other date.

Accuracy of the Investor’s Representations and Warranties. The representations and warranties of the Investor contained in this Agreement (ia) that are not qualified by “materiality” or “Material Adverse Effect” shall have been true and correct in all material respects when made as of the Signing Date and the Closing Date and shall be true and correct in all material respects as of the applicable Fixed Request Exercise Date and the applicable Settlement Commencement Date with the same force and effect as if made on such datesdate, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be have been or be, as applicable, true and correct in all material respects as of such other date and (iib) that are qualified by “materiality” or “Material Adverse Effect” shall have been true and correct when made as of the Signing Date and the Closing Date and shall be true and correct as of the applicable Fixed Request Exercise Date and the applicable Settlement Commencement Date with the same force and effect as if made on such datesdate, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be have been or be, as applicable, true and correct as of such other date.

Accuracy of the Investor’s Representations and Warranties. The representations and warranties of the Investor contained in this Agreement (ia) that are not qualified by “materiality” shall have been true and correct in all material respects when made and shall be true and correct in all material respects as of the applicable Fixed Request Exercise Date and the applicable Settlement Date with the same force and effect as if made on such dates, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct in all material respects as of such other date and (iib) that are qualified by “materiality” shall have been true and correct when made and shall be true and correct as of the applicable Fixed Request Exercise Date and the applicable Settlement Date with the same force and effect as if made on such dates, except to the extent such representations and warranties are as areas of another date, in which case, such representations and warranties shall be true and correct as of such other date.

Accuracy of the Investor’s Representations and Warranties. The representations and warranties of the each Investor contained in this Agreement (ia) that are not qualified by “materiality” shall have been true and correct in all material respects when made and shall be true and correct in all material respects as of the applicable Fixed Request Exercise Trade Date and the applicable Settlement Date with the same force and effect as if made on such dates, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct in all material respects as of such other date and (iib) that are qualified by “materiality” shall have been true and correct when made and shall be true and correct as of the applicable Fixed Request Exercise Trade Date and the applicable Settlement Date with the same force and effect as if made on such dates, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct as of such other date.

Accuracy of the Investor’s Representations and Warranties. The representations and warranties of the Investor contained in this Agreement (i) that are not qualified by “materiality” shall have been true and correct in all material respects when made and shall be true and correct in all material respects as of the applicable Fixed Request Exercise Purchase Notice Date and the applicable Settlement Forward Purchase Notice Date with the same force and effect as if made on such dates, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct in all material respects as of such other date and (ii) that are qualified by “materiality” shall have been true and correct when made and shall be true and correct as of the applicable Fixed Request Exercise Purchase Notice Date and the applicable Settlement Forward Purchase Notice Date with the same force and effect as if made on such dates, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct as of such other date.

Accuracy of the Investor’s Representations and Warranties. The representations and warranties of the Investor contained in this Agreement and the Related Documents (i) that are not qualified by “materiality” shall have been true and correct in all material respects when made and shall be true and correct in all material respects as of the applicable Fixed Request Draw Down Exercise Date and the applicable Settlement Closing Date with the same force and effect as if made on such dates, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct in all material respects as of such other date and (ii) that are qualified by “materiality” shall have been true and correct when made and shall be true and correct as of the applicable Fixed Request Draw Down Exercise Date and the applicable Settlement Closing Date with the same force and effect as if made on such dates, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct as of such other date.

Accuracy of the Investor’s Representations and Warranties. The representations and warranties of the Investor contained in this Agreement (ia) that are not qualified by “materiality” shall have been true and correct in all material respects when made and shall be true and correct in all material respects as of on the applicable Fixed Request Exercise Trade Date and the applicable Settlement Date with the same force and effect as if made on such dates, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct in all material respects as of such other date and (iib) that are qualified by “materiality” shall have been true and correct when made and shall be true and correct as of on the applicable Fixed Request Exercise Trade Date and the applicable Settlement Date with the same force and effect as if made on such dates, except to the extent such representations and warranties are as of another date, in which case, such representations and warranties shall be true and correct as of such other date.