Ramius/Cowen Agreement – Section 10.2 Nonsurvival of Representations, Warranties and Agreements.

September 21, 2009

None of the representations, warranties, covenants and agreements set forth in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time, except for Section 7.4 and for those other covenants and agreements contained in this Agreement that by their terms apply or are to be performed in whole or in part after the Effective Time.