Representations and Warranties Concerning Xxxxxx and Its Subsidiaries. Xxxxxx represents and warrants to Acquisition and DS&P that the statements contained in this Section 4 are correct and complete as of the date of this Agreement and will be correct and complete as of the Closing Date (as though made then and as though the Closing Date were substituted for the date of this Agreement throughout this Section 4), except as set forth in the Disclosure Schedule delivered by Xxxxxx to Acquisition and DS&P on the date hereof and initialed by the Parties (the "Disclosure Schedule"). The Parties acknowledge that the Trust Assets shall be transferred to the Liquidating Trust and the transfer of all such assets to the Liquidating Trust will not be deemed to be a breach of any of the following representations. Nothing in the Disclosure Schedule shall be deemed adequate to disclose an exception to a representation or warranty made herein, however, unless the Disclosure Schedule identifies the exception with particularity and describes the relevant facts in detail. Without limiting the generality of the foregoing, the mere listing (or inclusion of a copy) of a document or other item shall not be deemed adequate to disclose an exception to a representation or warranty made herein (unless the representation or warranty has to do with the existence of the document or other item itself). The Disclosure Schedule will be arranged in paragraphs corresponding to the lettered and numbered paragraphs contained in this Section 4.
Representations and Warranties Concerning Xxxxxx and Its Subsidiaries. 14 Section 4.01. Organization, Qualification, and Corporate Power............15 Section 4.02. Capitalization..............................................15 Section 4.03. Noncontravention............................................15 Section 4.04. Brokers' Fees...............................................16 Section 4.05. Title to Assets.............................................16 Section 4.06. Subsidiaries................................................16 Section 4.07. SEC Filings; Financial Statements...........................16 Section 4.08. Absence of Certain Changes or Events........................17 Section 4.09. Undisclosed Liabilities.....................................18 Section 4.10. Legal Compliance............................................18 Section 4.11.
