Common use of Confirmation Clause in Contracts

Confirmation. The Company confirms that all statements of the Company contained herein shall survive acceptance of this Agreement by the Purchaser. The Company agrees that, if any events occur or circumstances exist prior to the Closing Date or the release of the Purchase Amount to the Company which would make any of the Company's representations, warranties, agreements or other information set forth herein materially untrue or materially inaccurate as of such date, the Company shall immediately notify the Purchaser (directly or through its counsel, if any) in writing prior to such date of such fact, specifying which representation, warranty or covenant is affected and the reasons therefor.

Confirmation. The Company confirms that all statements of the Company contained herein shall survive acceptance of this Agreement by the Purchaser. The Company agrees that, if any events occur or circumstances exist prior to the Closing Date or the release of the Purchase Amount to the Company which would make any of the Company's ’s representations, warranties, agreements or other information set forth herein materially untrue or materially inaccurate as of such date, the Company shall immediately notify the Purchaser (directly or through its counsel, if any) in writing prior to such date of such fact, specifying which representation, warranty or covenant is affected and the reasons therefor.

Confirmation. The Company confirms that all statements of the Company contained herein shall survive acceptance of this Agreement by the PurchaserLender. The Company agrees that, if any events occur or circumstances exist prior to the Closing Date or the release of the Purchase Loan Amount to the Company which would make any of the Company's ’s representations, warranties, agreements or other information set forth herein materially untrue or materially inaccurate as of such date, the Company shall immediately notify the Purchaser Lender (directly or through its counsel, if any) and the Escrow Agent in writing prior to such date of such fact, specifying which representation, warranty or covenant is affected and the reasons therefor.

Confirmation. The Company confirms that all statements of the Company contained herein shall survive acceptance of this Agreement by the PurchaserLender. The Company agrees that, if any events occur or circumstances exist prior to the Closing Date or the release of the Purchase Loan Amount to the Company which would make any of the Company's representations, warranties, agreements or other information set forth herein materially untrue or materially inaccurate as of such date, the Company shall immediately notify the Purchaser Lender (directly or through its counsel, if any) in writing prior to such date of such fact, specifying which representation, warranty or covenant is affected and the reasons therefor.

Confirmation. The Company confirms that all statements of the Company contained herein shall survive acceptance of this Agreement by the PurchaserLender. The Company agrees that, if any events occur or circumstances exist prior to the Closing Date or the release of the Purchase Amount Price to the Company which would make any of the Company's representations, warranties, agreements or other information set forth herein materially untrue or materially inaccurate as of such date, the Company shall immediately notify the Purchaser Lender (directly or through its counsel, if any) and the Escrow Agent in writing prior to such date of such fact, specifying which representation, warranty or covenant is affected and the reasons therefor.

Confirmation. The Company confirms that all statements of the Company contained herein shall survive acceptance of this Agreement by the Purchaser. The Company agrees that, if any events occur or circumstances exist prior to the Closing Date or the release of the Purchase Amount to the Company which would make any of the Company's ’s representations, warranties, agreements or other information set forth herein materially untrue or materially inaccurate as of such date, the Company shall immediately notify the Purchaser (directly or through its counsel, if any) in writing prior to such date of such fact, specifying which representation, warranty or covenant is affected and the reasons therefortherefore.

Confirmation. The Company confirms that all statements of the Company contained herein shall survive acceptance of this Agreement by the PurchaserLender. The Company agrees that, if any events occur or circumstances exist prior to the relevant Closing Date or the release of the relevant Purchase Amount Price to the Company which would make any of the Company's representations, warranties, agreements or other information set forth herein materially untrue or materially inaccurate as of such date, the Company shall immediately notify the Purchaser Lender (directly or through its counsel, if any) and the Escrow Agent in writing prior to such date of such fact, specifying which representation, warranty or covenant is affected and the reasons therefor.

Confirmation. The Company confirms that all statements of the Company contained herein shall survive acceptance of this Agreement by the PurchaserBuyer. The Company agrees that, if any events occur or circumstances exist prior to the Closing Date or the release of the Purchase Amount Price to the Company which would make any of the Company's representations, warranties, agreements or other information set forth herein materially untrue or materially inaccurate as of such date, the Company shall immediately notify the Purchaser (directly or through its counsel, if any) Buyer and the Escrow Agent in writing prior to such date of such fact, specifying which representation, warranty or covenant is affected and the reasons therefor.

Confirmation. The Company confirms that all statements of the Company contained herein shall survive acceptance of this Agreement by the PurchaserLender. The Company agrees that, if any events occur or circumstances exist prior to the Closing Date or the release of the Purchase Amount to the Company which would make any of the Company's representations, warranties, agreements or other information set forth herein materially untrue or materially inaccurate as of such date, the Company shall immediately notify the Purchaser (directly or through its counsel, if any) Lender and the Escrow Agent in writing prior to such date of such fact, specifying which representation, warranty or covenant is affected and the reasons therefor.

Confirmation. The Company confirms that all statements of the Company contained herein shall survive acceptance of this Agreement by the PurchaserLender. The Company agrees that, if any events occur or circumstances exist prior to the Closing Date or the release of the Purchase Loan Amount to the Company which would make any of the Company's ’s representations, warranties, agreements or other information set forth herein materially untrue or materially inaccurate as of such date, the Company shall immediately notify the Purchaser Lender (directly or through its counsel, if any) in writing prior to such date of such fact, specifying which representation, warranty or covenant is affected and the reasons therefortherefore.

Confirmation. The Company confirms that all statements of the Company contained herein shall survive acceptance of this Agreement by the Purchaser. The Company agrees that, if any events occur or circumstances exist prior to the First Closing Date or the Second Closing Date or the release of the Purchase First Advance Amount or, if funded, the Second Advance Amount, to the Company which would make any of the Company's ’s representations, warranties, agreements or other information set forth herein materially untrue or materially inaccurate as of such date, the Company shall immediately notify the Purchaser (directly or through its counsel, if any) in writing prior to such date of such fact, specifying which representation, warranty or covenant is affected and the reasons therefor.

Confirmation. The Company confirms that all statements of the Company contained herein shall survive acceptance of this Agreement by the PurchaserBuyer. The Company agrees that, if any events occur or circumstances exist prior to the Closing Date or the release of the Purchase Amount Price to the Company which would make any of the Company's representations, warranties, agreements or other information set forth herein materially untrue or materially inaccurate as of such date, the Company shall immediately notify the Purchaser Buyer (directly or through its counsel, if any) and the Escrow Agent in writing prior to such date of such fact, specifying which representation, warranty or covenant is affected and the reasons therefor.

Confirmation. The Company confirms that all statements of the Company contained herein shall survive acceptance of this Agreement by the PurchaserLender. The Company agrees that, if any events occur or circumstances exist prior to the Closing Date or the release of the Purchase Amount to the Company which would make any of the Company's representations, warranties, agreements or other information set forth herein materially untrue or materially inaccurate as of such date, the Company shall immediately notify the Purchaser (directly or through its counsel, if any) Lender and the Escrow Agent in writing prior to such date of such fact, specifying which representation, warranty or covenant is affected and the reasons therefor.. 8/27/04

Confirmation. The Company confirms that all statements of the Company contained herein shall survive acceptance of this Agreement by the PurchaserPurchasers but shall terminate when all obligations under all of the Securities have been fully satisfied. The Company agrees that, if any events occur or circumstances exist prior to the Closing Date or the release of the Purchase Amount to the Company which would make any of the Company's ’s representations, warranties, agreements or other information set forth herein materially untrue or materially inaccurate as of such date, the Company shall immediately notify the Purchaser Purchasers (directly or through its counsel, if any) in writing prior to such date of such fact, specifying which representation, warranty or covenant is affected and the reasons therefor.

Confirmation. The Company confirms that all statements of the Company contained herein shall survive acceptance of this Agreement by the Purchaser. The Company agrees that, if any events occur or circumstances exist prior to the Closing Date or the release of the Purchase Amount to the Company which would make any of the Company's representations, warranties, agreements or other information set forth herein materially untrue or materially inaccurate as of such date, the Company shall immediately notify the Purchaser (directly or through its counsel, if any) in writing prior to such date of such fact, specifying which representation, ,warranty or covenant is affected and the reasons therefor.

Confirmation. The Company confirms that all statements of the Company contained herein shall survive acceptance of this Agreement by the Purchaser. The Company agrees that, if any events occur or circumstances exist prior to the Closing Date or any Subsequent Closing Date or the release of the Purchase Amount or any Advance to the Company which would make any of the Company's representations, warranties, agreements or other information set forth herein materially untrue or materially inaccurate as of such date, the Company shall immediately notify the Purchaser (directly or through its counsel, if any) in writing prior to such date of such fact, specifying which representationrepresentation , warranty or covenant is affected and the reasons therefor.

Confirmation. The Company confirms that all statements of the Company contained herein shall survive acceptance of this Agreement by the Purchaser. The Company agrees that, if any events occur or circumstances exist prior to the Closing Date or the release of the Purchase Amount to the Company which would make any of the Company's ’s representations, warranties, agreements or other Purchaser Initial: ______ Company Initial: _____ information set forth herein materially untrue or materially inaccurate as of such date, the Company shall immediately notify the Purchaser (directly or through its counsel, if any) in writing prior to such date of such fact, specifying which representation, warranty or covenant is affected and the reasons therefor.

Confirmation. The Company confirms that all statements of the Company contained herein shall survive acceptance of this Agreement by the Purchaser. The Company agrees that, if any events occur or circumstances exist prior to the Closing Date or the release of the Purchase Amount Price to the Company which would make any of the Company's ’s representations, warranties, agreements or other information set forth herein materially untrue or materially inaccurate as of such date, the Company shall immediately notify the Purchaser (directly or through its counsel, if any) in writing prior to such date of such fact, specifying which representation, warranty or covenant is affected and the reasons therefor.

Confirmation. The Company confirms that all statements of the Company contained herein shall survive acceptance of this Agreement by the PurchaserLender. The Company agrees that, if any events occur or circumstances exist prior to the Closing Date or the release of the Purchase Amount to the Company which would make any of the Company's ’s representations, warranties, agreements or other information set forth herein materially untrue or materially inaccurate as of such date, the Company shall immediately notify the Purchaser (directly or through its counsel, if any) Lender and the Escrow Agent in writing prior to such date of such fact, specifying which representation, warranty or covenant is affected and the reasons therefor.

Confirmation. The Company confirms that all statements of the Company contained herein shall survive acceptance of this Agreement by the PurchaserBuyer. The Company agrees that, if any events occur or circumstances exist prior to the Initial Closing Date or Additional Closing Date, as the case may be, or the release of the Purchase Amount Escrow Funds to the Company which would make any of the Company's representations, warranties, agreements or other information set forth herein materially untrue or materially inaccurate as of such dateClosing Date, the Company shall immediately notify the Purchaser Buyer (directly or through its counsel, if any) in writing prior to such date Closing Date of such fact, specifying which representation, warranty or covenant is affected and the reasons therefor.

Confirmation. The Company confirms that all statements of the Company contained herein shall survive acceptance of this Agreement by the PurchaserBuyer. The Company agrees that, if any events occur or circumstances exist prior to the Closing Date or the release of the Purchase Amount Price to the Company which would make any of the Company's representations, warranties, agreements or other information set forth herein materially untrue or materially inaccurate as of such date, the Company shall immediately notify the Purchaser Buyer (directly or through its counsel, if any) in writing prior to such date of such fact, specifying which representation, warranty or covenant is affected and the reasons therefor.

Confirmation. The Company confirms that all statements of the Company contained herein shall survive acceptance of this Agreement by the PurchaserLender. The Company agrees that, if any events occur or circumstances exist prior to the Closing Date or the release of the Purchase Loan Amount to the Company which would make any of the Company's ’s representations, warranties, agreements or other information set forth herein materially untrue or materially inaccurate as of such date, the Company shall immediately notify the Purchaser Lender (directly or through its counsel, if any) in writing prior to such date of such fact, specifying which representation, warranty or covenant is affected and the reasons therefor.

Confirmation. The Company confirms that all statements of the Company contained herein shall survive acceptance of this Agreement by the Purchaser. The Company agrees that, if any events occur or circumstances exist prior to the Closing Date or the release of the Purchase Loan Amount to the Company which would make any of the Company's ’s representations, warranties, agreements or other information set forth herein materially untrue or materially inaccurate as of such date, the Company shall immediately notify the Purchaser (directly or through its counsel, if any) in writing prior to such date of such fact, specifying which representation, warranty or covenant is affected and the reasons therefortherefore.

Confirmation. The Company confirms that all statements of the Company contained herein shall survive acceptance of this Agreement by the PurchaserBuyer. The Company agrees that, if any events occur or circumstances exist prior to the Closing Date or the release of the Purchase Loan Amount to the Company which would make any of the Company's ’s representations, warranties, agreements or other information set forth herein materially untrue or materially inaccurate as of such date, the Company shall immediately notify the Purchaser Buyer (directly or through its counsel, if any) and the Escrow Agent in writing prior to such date of such fact, specifying which representation, warranty or covenant is affected and the reasons therefor.

Confirmation. The Company confirms that all statements of the Company contained herein shall survive acceptance of this Agreement by the PurchaserLender. The Company agrees that, if any events occur or circumstances exist prior to the Closing Date or the release of the Purchase Loan Amount to the Company which would make any of the Company's representations, warranties, agreements or other information set forth herein materially untrue or materially inaccurate as of such date, the Company shall immediately notify the Purchaser Lender (directly or through its counsel, if any) and the Escrow Agent in writing prior to such date of such fact, specifying which representation, warranty or covenant is affected and the reasons therefor.

Confirmation. The Company confirms that all statements of the Company contained herein shall survive acceptance of this Agreement by the PurchaserPurchasers. The Company agrees that, if any events occur or circumstances exist prior to the Closing Date or the release of the Purchase Amount to the Company which would make any of the Company's representations, warranties, agreements or other information set forth herein materially untrue or materially inaccurate as of such date, the Company shall immediately notify the Purchaser Purchasers (directly or through its counsel, if any) in writing prior to such date of such fact, specifying which representation, warranty or covenant is affected and the reasons therefortherefore.