REPRESENTATIONS AND WARRANTIES OF EQUITEX AND THE MERGER SUBSIDIARY. Equitex and the Merger Subsidiary represent and warrant to FBMS and the Shareholder that the statements contained in Article 5 are true and correct in all material respects. As used in this Article 5 and elsewhere in this Agreement, the phrase "to Equitex's or the Merger Subsidiary's knowledge" or "to Equitex's or the Merger Subsidiary's actual knowledge" shall mean to the knowledge of the officer of Equitex or the Merger Subsidiary who has the principal responsibility for the matter being stated.
