Common use of REPRESENTATIONS AND WARRANTIES OF THE WARRANTORS Clause in Contracts

REPRESENTATIONS AND WARRANTIES OF THE WARRANTORS. Subject to such exceptions specifically disclosed in (a) any SEC filings filed or furnished by the Company with the SEC prior to the date hereof (excluding any disclosures set forth in the SEC Filings under the headings “Risk Factors” and “Forward-Looking Statements” and any other disclosures in any other forward-looking or cautionary statements) and (b) as set forth in the disclosure schedule attached to this Agreement as Schedule 3 (the “Disclosure Schedule”), specifically identifying the relevant section of this Agreement (provided, that disclosure in any section of such Disclosure Schedule shall apply to any section of this Agreement only to the extent it is reasonably apparent that such disclosure is relevant to such section), the Warrantors hereby jointly and severally represent and warrant to the Investor that each of the representations and warranties contained in this Section 4 is true, complete and not misleading as of the date of this Agreement, and each of such representations and warranties shall be true, complete and not misleading on and as of the Closing Date, with the same effect as if made on and as of the Closing Date (unless such representation or warranty by its term speaks of a specified date, in which case the accuracy of such representation or warranty will be determined with respect to such date):

REPRESENTATIONS AND WARRANTIES OF THE WARRANTORS. Subject to such exceptions specifically disclosed in (a) any SEC filings filed or furnished by the Company with the SEC prior to the date hereof (excluding any disclosures set forth in the SEC Filings under the headings “Risk Factors” and “Forward-Looking Statements” and any other disclosures in any other forward-looking or cautionary statements) and (b) as set forth in the disclosure schedule attached to this Agreement as Schedule 3 (the “Disclosure Schedule”), specifically identifying the relevant section Each of this Agreement (provided, that disclosure in any section of such Disclosure Schedule shall apply to any section of this Agreement only to the extent it is reasonably apparent that such disclosure is relevant to such section), the Warrantors hereby jointly represents and severally represent and warrant warrants, to the Investor Purchaser (in the knowledge that the Purchaser is entering into this Agreement in reliance on the accuracy of the representations and warranties) for the benefit of the Purchaser, that each of the representations and warranties contained in this Section 4 Article III is true, complete true and not misleading accurate as of the date of this Agreementhereof and at the Closing Date, and each of except to the extent such representations and warranties shall be true, complete and not misleading on and are specifically made as of the Closing Date, with the same effect as if made on and as of the Closing Date a particular date (unless such representation or warranty by its term speaks of a specified date, in which case the accuracy such representations and warranties will be true and accurate as of such representation or warranty will be determined with respect date) and subject only to such date):exceptions as are specifically set forth in the Disclosure Schedule which schedule makes explicit reference to the applicable sections and subsections to which each exception relates and sets forth sufficient details to identify the nature and scope of the matters disclosed; provided, however, that the disclosures in any section or subsection of the Disclosure Schedule shall qualify other sections or subsections of this Article III to the extent it is apparent from a reading of the Disclosure Schedule itself (and without having to refer to the underlying documents being disclosed) that such disclosure is applicable to such other sections or subsections.