The Holder specifically acknowledges that the Company would not enter into this Agreement or any related documents in the absence of the Holder’s representations, warranties and acknowledgments set out in this Agreement (including, without limitation, the representations set forth under clause (h)  above), and that this Agreement, including such representations, warranties and acknowledgments, are a fundamental inducement to the Company, and a substantial portion of the consideration provided by the Holder, in this transaction, and that the Company would not enter into this transaction but for this inducement. The Holder understands that, unless the Holder notifies the Company in writing to the contrary before the Closing, each of the Holder’s representations and warranties contained in this Agreement will be deemed to have been reaffirmed and confirmed as of the Closing Date.