Common use of REPRESENTATIONS AND WARRANTIES OF ACQUIROR PARTIES Clause in Contracts

REPRESENTATIONS AND WARRANTIES OF ACQUIROR PARTIES. Except as set forth in the disclosure letter delivered by Acquiror on behalf of the Acquiror Parties to the Company (the “Acquiror Disclosure Letter”) (each section of which qualifies (a) the correspondingly numbered representation, warranty or covenant if specified therein and (b) 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 its face) or in the SEC Reports filed or furnished by Acquiror prior to the date hereof (excluding (a) any disclosures in such SEC Reports 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 and (b) any exhibits or other documents appended thereto), each of the Acquiror Parties represents and warrants on behalf of each Acquiror Party to the Company as follows:

REPRESENTATIONS AND WARRANTIES OF ACQUIROR PARTIES. Except as set forth in the disclosure letter delivered by Acquiror on behalf of the Acquiror Parties to the Company concurrently with the execution of this Agreement (the “Acquiror Disclosure Letter”) (each section of which qualifies (ai) the correspondingly numbered representation, representation or warranty or covenant if specified therein in this Article VI and (bii) such other representations, representations and warranties or covenants in this Article VI where its relevance as an exception to (or disclosure for purposes of) such other representation, representation or warranty or covenant is reasonably apparent on its face) or in the SEC Reports filed or furnished by Acquiror prior to the date hereof (excluding (a) any disclosures in such SEC Reports 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 and (b) nature, in each case, other than any exhibits or other documents appended theretospecific factual information contained therein), each of the Acquiror Parties Party represents and warrants on behalf of each Acquiror Party to the Company as follows:

REPRESENTATIONS AND WARRANTIES OF ACQUIROR PARTIES. Except (a) in respect of the Warrant Accounting Issue (as defined below), (b) as set forth in the disclosure letter delivered by Acquiror on behalf of the Acquiror Parties to the Company on the date of this Agreement (the “Acquiror Disclosure Letter”) (each section of which qualifies (ai) the correspondingly numbered representation, warranty or covenant if specified therein and (bii) 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 its facethe face of such disclosure) or (c) in the SEC Reports filed or furnished by Acquiror prior to with the SEC through the date hereof (excluding (a) any disclosures in such SEC Reports 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 and (b) any exhibits or other documents appended thereto), each of the Acquiror Parties Party represents and warrants on behalf of each Acquiror Party to the Company as follows:

REPRESENTATIONS AND WARRANTIES OF ACQUIROR PARTIES. Except as set forth in the disclosure letter delivered by Acquiror on behalf Schedules to this Agreement dated as of the Acquiror Parties to the Company (the “Acquiror Disclosure Letter”) date of this Agreement (each section of which qualifies (a) the correspondingly numbered representation, warranty or covenant if specified therein and (b) 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 its face) or or, solely with respect to Sections 5.11, 5.14, 5.16 and 5.17, in the SEC Reports filed or furnished by Acquiror prior to the date hereof (excluding (a) any disclosures in such SEC Reports 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 and (b) any exhibits or other documents appended theretonature), each of the Acquiror Parties Party represents and warrants on behalf of each Acquiror Party to the Company Parties as follows, in each case as of the date hereof: