REPRESENTATIONS AND WARRANTIES OF MOKUME. Mokume represents and warrants to Versant that, except as set forth in the letter addressed to Versant from Mokume that is executed by Xxxx Xxxx, the Chief Executive Officer of Mokume and dated as of the Agreement Date (including all schedules thereto), which has been delivered by Mokume to Versant concurrently with the parties’ execution of this Agreement (the “Mokume Disclosure Letter”), each of the representations, warranties and statements contained in the following sections of this Article 3 is true and correct as of the Agreement Date and will be true and correct on and as of the Closing Date. For all purposes of this Agreement (including without limitation Articles 8 and 9 hereof), the statements contained in the Mokume Disclosure Letter and its schedules shall also be deemed to be representations and warranties made and given by Mokume under Article 3 of this Agreement.
