REPRESENTATIONS AND WARRANTIES OF COMBINING COMPANIES. Each of the Combining Companies represents and warrants to the other Combining Company (but not to SCF) that the statements contained in this Article IV, to the extent such statements relate to such Combining Company and its Subsidiaries, are true and correct as of the date of this Agreement and as of the Closing Date, except as set forth in the Disclosure Letter (which is numbered to refer to the sections contained in this article) delivered by each of the Combining Companies to the other Combining Company on the date hereof. For the avoidance of doubt, the representations and warranties contained in Section 4.23 hereof are made solely by Nine and not Xxxxxxx.
REPRESENTATIONS AND WARRANTIES OF COMBINING COMPANIES. Each Combining Company represents and warrants to each other Combining Company (but not to SCF) that the statements contained in this Article VII, to the extent such statements relate to such Combining Company and its Subsidiaries, are true and correct as of the date of this Agreement and as of the Closing Date, except as set forth in (a) the Disclosure Letter (which is numbered to refer to the sections contained in this article) delivered by each Combining Company to each other Combining Company on the date hereof, (b) the VE Due Diligence Report or (c) any documents contained in, or made available via, the Dataroom. For the avoidance of doubt, the representations and warranties contained in Section 7.25 hereof are made solely by Forum and no other Combining Company.
