REPRESENTATIONS AND WARRANTIES OF HT AND THE STOCKHOLDER. Except as set forth in the disclosure schedule of HT dated as of the date hereof and delivered herewith to Parent (the "HT DISCLOSURE SCHEDULE") which identifies the section and subsection to which each disclosure therein relates (PROVIDED, HOWEVER, that HT will be deemed to have adequately disclosed with respect to any section or subsection any matters that are clearly described elsewhere in such document if the applicability of such disclosure to such non-referenced sections or subsections is reasonably apparent and HT has not intentionally omitted any required cross-references), and whether or not the HT Disclosure Schedule is referred to in a specific section or subsection, HT and the Stockholder jointly and severally represent and warrant to Parent and Merger Sub as follows:
REPRESENTATIONS AND WARRANTIES OF HT AND THE STOCKHOLDER. The representations and warranties of HT and the Stockholder set forth in this Agreement will be true and correct in all material respects as of the date of this Agreement and as of the Closing Date as though made on and as of the Closing Date, except (i) for such breaches and inaccuracies that individually, or in the aggregate, have not had, and cannot reasonably be expected to have, a material adverse effect on HT's Business Condition, (ii) as otherwise contemplated by this Agreement, (iii) as a result of actions taken or not taken at the direction of or after consultation with and written concurrence of Parent and (iv) for representations and warranties specifically limited to an earlier date(s). Parent will have received a certificate signed by or on behalf of the Stockholder and by the chief executive officer and the chief financial officer of HT to such effect on the Closing Date.
