REPRESENTATION AND WARRANTY OF THE CHASE PURCHASERS. Each Chase Purchaser represents and agrees that (i) it has not entered and will not enter into any contractual arrangements with respect to the distribution of the Preference Securities, except with its affiliates or with the prior written consent of the Company; (ii) it has received and carefully reviewed the Preference Offering Memorandum prior to the execution of this Agreement; (iii) it has been furnished by the Company during the course of this transaction with all information regarding the Company which it had requested or desired to know, all documents which could be reasonably provided have been made available for its inspection and review and it has been afforded the opportunity to ask questions of and receive answers from duly authorized officers or other representatives of the Company concerning the terms and conditions of the offering and any additional information which it had requested; (iv) except as set forth herein, no representations or warranties have been made to it by the Company or any agent, employee or affiliate of the Company and in entering into this transaction, it is not relying on any information, other than that contained herein or in the Preference Offering Memorandum and the results of its independent investigation; (v) no person other than the Company has made any representations to the Chase Purchaser concerning this Offering and the Chase Purchaser has relied on no representations or documentation other than that supplied by the Company and in particular, for avoidance of doubt, the Chase Purchaser is not relying on information supplied in connection with (X) the concurrent sale of the Note Securities by the Initial Purchasers or (Y) the sale of the Company's Series C Senior Discount Notes which was consummated on January 20, 1999; (vi) it is purchasing the Preference Securities for investment purposes only for its account and not with any view toward a distribution thereof; and (vii) it has evaluated the risks of investing in the Preference Securities and has determined that the Preference Securities are a suitable investment, and that it can bear the economic risk of this investment and can afford a complete loss of its investment.
