Representations and Warranties of APM. (a) Except as disclosed in the APM Filings in documents filed prior to the date hereof, 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, APM represents and warrants to Xxxxxxxxxxx as set forth in Schedule B and acknowledges and agrees that Xxxxxxxxxxx is relying upon such representations and warranties in connection with the entering into of this Agreement.
