Representations, Warranties and Covenants of the Creditor

Representations, Warranties and Covenants of the Creditor. The Creditor represents, warrants and covenants to and with the Corporation that: (a) if the Creditor is an individual, the Creditor has attained the age of majority in the jurisdiction in which the Creditor is resident and has the legal capacity and competence to enter into and be bound by this Agreement and to perform the covenants and obligations set out in this Agreement; (b) if the Creditor is not an individual, the Creditor is duly incorporated and validly subsisting under the laws of its jurisdiction of incorporation, has the necessary corporate capacity and authority to execute and deliver this Agreement and to observe and perform its covenants and obligations under this Agreement and has taken all necessary corporate action in respect thereof; (c) the entering into of this Agreement and the transaction contemplated hereby will not result in the violation of any Applicable Law or of any agreement, written or oral, to which the Creditor may be a party or by which it is or may be bound; (d) this Agreement has been duly authorized, executed and delivered by the Creditor and constitutes a legal, valid and binding obligation of the Creditor enforceable against the Creditor in accordance with its terms; (e) the Creditor will execute, deliver, file and otherwise assist the Corporation in filing such reports, undertakings and other documents as may be required by applicable securities laws, or by any securities commission, stock exchange (including, the Exchange) or other regulatory authority; and (f) the Creditor agrees that the Corporation may be required by law or otherwise to disclose to regulatory authorities or the Exchange the identity of the Creditor and consents to such disclosure.