COVENANTS, AND WARRANTIES OF BIOHITECH. BioHiTech represents and warrants to Swift that the following representations and warranties in this Article II are true and complete as of the date hereof (or in the case of representations and warranties that by their terms speak as of a specified date, as of such specified date), subject to the exceptions disclosed in the disclosure schedules attached hereto (the “Schedules”) (referencing the appropriate section and subsection numbers of this Agreement; provided, however, that the information set forth in one section or subsection of the Schedules shall be deemed to apply to each other section or subsection thereof to which its relevance is reasonably apparent on the face of such disclosure), which exceptions shall be deemed to be part of, and qualifications to, the representations and warranties contained in this Article II. For purposes of this Article II, the phrase “to the knowledge of BioHiTech” or any phrase of similar import shall be deemed to refer to the actual knowledge of the executive officers of BioHiTech immediately before the Closing.
