Representations and Warranties of Horizons and JV Merger. Except (i) as otherwise disclosed in any Horizons SEC Report (as defined below) filed with the SEC prior to the date hereof (other than any risk factors or forward looking statements contained therein, which shall not modify, qualify or otherwise affect the representations and warranties set forth in this Section 4.02) or (ii) as otherwise set forth in the disclosure schedule delivered by Horizons to Analysts concurrently with the execution of this Agreement (the “Horizons Disclosure Schedule”), Horizons represents and warrants to Analysts and JV Merger, jointly and severally, as set forth below. Each exception set forth in the Horizons Disclosure Schedule, and any other information included in the Horizons Disclosure Schedule, is identified by reference to, or has been grouped under a heading referring to, a specific individual section or subsection of this Agreement and shall be deemed to be disclosed solely for the purpose of such section or subsection of this Agreement and not to another section or subsection of this Agreement; provided that any disclosure in the SEC Reports or the Horizons Disclosure Schedule shall also be deemed to be disclosed for the purpose of any section or subsection of this Agreement to which the applicability of such disclosure is reasonably apparent from such disclosure. Inclusion of any information in the Horizons Disclosure Schedule shall not be construed as an admission that such information is material to Horizons or any of its Subsidiaries or was not entered into in the ordinary course of business.
