REPRESENTATION, WARRANTY AND COVENANT OF SHAREHOLDER. The surrender by a Shareholder of Class A Preferred Shares and/or Class B Preferred Shares under Section 3.2 hereof shall constitute the representation, warranty and covenant of such Shareholder to Putco that as at the Put Closing Date (a) such Class A Preferred Shares and/or Class B Preferred Shares, as applicable, are owned by the Shareholder as the registered and beneficial owner, free and clear of all Liens, other than pursuant to the Share Provisions or this Agreement, (b) on closing pursuant to Section 3.2 hereof, such Class A Preferred Shares and/or Class B Preferred Shares, as applicable, will be sold to Putco free and clear of all Liens, other than pursuant to the Share Provisions or this Agreement, and (c) no Person has any written or oral agreement or option, or any right or privilege capable of becoming an agreement or option, for the purchase or other acquisition from the Shareholder of any of such Class A Preferred Shares and/or Class B Preferred Shares, as applicable.
REPRESENTATION, WARRANTY AND COVENANT OF SHAREHOLDER. The surrender by the Holder of Exchangeable Shares under Section 3.2 hereof shall constitute the representation, warranty and covenant of the Holder to WCL that the Exchangeable Shares are sold to WCL free and clear of any lien, encumbrance, security interest or adverse claim or interest.
