Page 52 - Listing Partners Pre Listing Offering

being collected indirectly by the NBSC under the authority granted to it in securities legislation. This information is being collected for the purposes of the administration and enforcement of the securities legislation of Ontario. Each Subscriber (for certainty, including each Disclosed Principal) hereby authorizes the indirect collection of such information to the NBSC. In the event the Subscriber has any questions with respect to the indirect collection of such information by the NBSC, the Subscriber should contact the Administrative Support Clerk, the Ontario Securities Commission, at (416) 593-3684 or in person or writing at Suite 1903, Box 55, 20 Queen Street West, Toronto, Ontario M5H 3S8 or New Brunswick Securities Commission at (506 658-3060) ,85 Charlotte Street, Suite 300 Saint John, NB E2L 2J2 .
(k) The funds which will be advanced by the Subscriber hereunder will not represent proceeds of crime for the purposes of Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) (the “PCMLA”) or similar legislation relating to the financing of terrorism or the restriction of advancing funds to certain designated countries and the Subscriber acknowledges on behalf of itself (and any Disclosed Principal for whom it acting) that the Corporation may in the future be required by law to disclose the Subscriber’s name (and the name of any Disclosed Principal for whom it is acting) and other information relating to this Subscription and the Subscriber’s subscription hereunder, on a confidential basis, pursuant to the PCMLA or similar legislation. The Subscriber on behalf of itself (and any Disclosed Principal for whom it is acting) represents and warrants that (a) none of the subscription funds to be provided by the Subscriber (i) have been or will be derived from or related to any activity that is deemed criminal under the laws of Canada, the United States or any other jurisdiction, or (ii) are being tendered on behalf of a person or entity who has not been indentified to the Subscriber, and (b) it shall promptly notify the Corporation if the Subscriber discovers that any of such representations ceases to be true, and to provide the Corporation with appropriate information in connection therewith.
6.3 Reliance on Representations, Warranties, Covenants and Acknowledgements
(a) The Subscriber, on its own behalf and on behalf of any Disclosed Principal, acknowledges and agrees that the representations, warranties, covenants and acknowledgements made by the Subscriber, on its own behalf and on behalf of any Disclosed Principal, in this Subscription Agreement are made with the intention that they may be relied upon by the Corporation in determining the Subscriber’s (and any Disclosed Principal’s) eligibility to purchase the Common Shares under Securities Laws. The Subscriber further agrees, on its own behalf and on behalf of any Disclosed Principal, that by accepting the Common Shares, the Subscriber (and any Disclosed Principal) shall be representing and warranting that such representations, warranties, acknowledgements and covenants are true as at the Closing Time with the same force and effect as if they had been made by the Subscriber (and any Disclosed Principal) at the Closing Time and that they shall survive the purchase by the Subscriber (and any Disclosed Principal) of the Common Shares and shall continue in full force and effect notwithstanding any subsequent disposition by the Subscriber (or any Disclosed Principal) of any of the Securities. The Subscriber undertakes to notify the Corporation immediately of any change in any representation, warranty or other information relating to the Subscriber or such Disclosed Principal set forth herein (including those made in any Schedules attached hereto) which takes place prior to the Closing Time.