Upon commencement of the offering of the Placement Shares under this Agreement (and upon the recommencement of the offering of the Placement Shares under this Agreement following any termination of a suspension of sales hereunder), and at each Applicable Time, each Settlement Date, each Registration Statement Amendment Date and each Company Periodic Report Date (as defined in Section 7(o) ), in each case, to the extent no waiver is applicable pursuant to Section 7(p) , the Company shall be deemed to have affirmed each representation, warranty, covenant and other agreement contained in this Agreement.