REPRESENTATIONS AND WARRANTIES OF SPHERE AND/OR HVE. Except: (a) as disclosed in the SEC Filings at least (5) five Business Days prior to the date hereof and as identified in the particular representation that is reasonably apparent on the face of such disclosure to be applicable to the representation and warranty set forth herein (other than any disclosures contained or referenced therein under the captions "Risk Factors," "Forward-Looking Statements," "Quantitative and Qualitative Disclosures About Market Risk," and any other disclosures contained or referenced therein of information, factors, or risks that are predictive, cautionary, or forward-looking in nature); or (b) as set forth in the correspondingly numbered Section of the Sphere Disclosure Letter that relates to such Section or in another Section of the Sphere Disclosure Letter to the extent that it is reasonably apparent on the face of such disclosure that such disclosure is applicable to such Section; Sphere hereby represents and warrants to Filecoiner as follows:
