Representations and Warranties of Kxxxxxxx. Xxxxxxxx hereby represents and warrants to the Securityholder as follows and acknowledges that the Securityholder is relying on such representations and warranties in connection with entering into this Agreement and completing the transactions contemplated hereby and thereby:
Representations and Warranties of Kxxxxxxx. (a) Except as set forth in the Kxxxxxxx Disclosure Letter or in the Kxxxxxxx Public Disclosure made prior to the date of this Agreement (which disclosure shall apply only against any representations and warranties to which it is reasonably apparent it should relate and which shall exclude any disclosure in the Kxxxxxxx Public Disclosure under the headings “Forward-Looking Statements” or “Risks and Uncertainties” and any other disclosures contained therein that are predictive, cautionary or forward-looking in nature), Kxxxxxxx represents and warrants to Agnico that the representations and warranties set forth in Schedule D are true and correct as of the date of this Agreement and acknowledges and agrees that Agnico is relying upon such representations and warranties in connection with the entering into, and the performance of its obligations under, this Agreement.
