REPRESENTATIONS, WARRANTIES AND CERTAIN COVENANTS OF SECURITYHOLDER AND THE COMPANY. As a material inducement to induce the CNCP and Acquisition to consummate the Merger under this Agreement, Securityholder and Company represent and warrant to CNCP each of the matters set forth in this Article IV are true and correct as of the date hereof, and acknowledge that CNCP's entry into this Agreement and the performance of its obligations hereunder are made in reliance upon the completeness and accuracy of each of the matters set forth herein. The representations and warranties being made by the Company shall survive up and until the Closing Date. The representations and warranties being made by the Securityholder shall survive as set forth in Section 12.13, herein.
