REPRESENTATIONS AND WARRANTIES OF ACQUIROR AND MERGER SUBS. Except as set forth in (i) in the case of Acquiror, any Acquiror SEC Filings filed or submitted on or prior to the date hereof (excluding (a) any disclosures in any risk factors section that do not constitute statements of fact, disclosures in any forward-looking statements disclaimer and other disclosures that are generally cautionary, predictive or forward-looking in nature and (b) any exhibits or other documents appended thereto) (it being acknowledged that nothing disclosed in such Acquiror SEC Filings will be deemed to modify or qualify the representations and warranties set forth in Section 6.8, Section 6.12 and Section 6.15), or (ii) in the case of Acquiror and Merger Subs, in the disclosure letter delivered by Acquiror and Merger Subs to the Holder and the Companies (the “Acquiror Disclosure Letter”) on the date of this Agreement (each section of which, subject to Section 13.8, qualifies the correspondingly numbered and lettered representations in this Article VI), Acquiror and Merger Subs represent and warrant to the Holder and the Companies as follows:
REPRESENTATIONS AND WARRANTIES OF ACQUIROR AND MERGER SUBS. Acquiror and each of the Merger Subs jointly and severally represent and warrant to AirPatrol and the Representative as follows:
REPRESENTATIONS AND WARRANTIES OF ACQUIROR AND MERGER SUBS. Subject to such exceptions as are specifically set forth (a) in the Acquiror SEC Documents filed with the SEC prior to the Agreement Date and publicly available on the SEC’s Electronic Data Gathering Analysis and Retrieval system (but (i) without giving effect to any amendment thereof filed with, or furnished to the SEC on or after the Agreement Date and (ii) excluding any disclosures contained under the heading “Risk Factors” and any disclosure of risks included in any “forward-looking statements” disclaimer or in any other section to the extent they are forward-looking statements or cautionary, predictive or forward-looking in nature), or (b) in the appropriate section, subsection or subclause of the disclosure schedule delivered by Acquiror to the Company on the Agreement Date (the “Acquiror Disclosure Schedule”) (it being understood and hereby agreed that (i) any matter disclosed in the Acquiror SEC Documents shall not be deemed disclosed for the purposes of Section 4.1, Section 4.2, Section 4.3, Section 4.4, Section 4.5 or Section 4.11 (ii) the information set forth in the Acquiror Disclosure Schedule shall be disclosed under separate section, subsection, and subclause references that correspond to the sections, subsections, and subclauses of this Article IV to which such information relates and (iii) the information set forth in each section, subsection, and subclause of the Acquiror SEC Documents or the Disclosure Schedule shall qualify (A) the representations and warranties set forth in the corresponding section, subsection, or subclause of this Article IV, and (B) any other representations and warranties set forth in this Article IV if, and solely to the extent that, it is reasonably apparent on the face of such disclosure, without reference to the underlying documents referenced therein and without independent knowledge of the matters described therein, that it applies to such other section, subsection or subclause of this Article IV), Acquiror and Merger Subs hereby jointly and severally represent and warrant to the Company as follows:
REPRESENTATIONS AND WARRANTIES OF ACQUIROR AND MERGER SUBS. Except as set forth (a) in the Schedules to this Agreement (each of which qualifies (i) the correspondingly numbered representation, warranty or covenant if specified therein and (ii) such other representations, warranties or covenants where its relevance as an exception to (or disclosure for purposes of) such other representation, warranty or covenant is reasonably apparent on the face of such disclosure) or (b) in the Acquiror SEC Documents filed or furnished by Acquiror (excluding any disclosures in such Acquiror SEC Documents under the headings “Risk Factors,” “Forward-Looking Statements” or “Qualitative Disclosures About Market Risk” and other disclosures that are predictive, cautionary or forward looking in nature), each of Acquiror and the Merger Subs represents and warrants to the Company as of the date hereof as follows:
