REPRESENTATIONS AND WARRANTIES OF HYPERFEED. Except as disclosed in (a) any publicly available report, form, schedule, definitive registration statement or definitive proxy statement filed since May 9, 2006 by HyperFeed with the SEC pursuant to the Securities Act, as amended, or the Exchange Act, as amended (collectively, “HyperFeed SEC Reports”) or (b) the HyperFeed Disclosure Schedule delivered to Exegy separately prior to, or contemporaneously with, the date hereof (each section or subsection of which qualifies the correspondingly numbered representation or warranty to the extent specified therein), HyperFeed represents and warrants to Exegy that:
REPRESENTATIONS AND WARRANTIES OF HYPERFEED. HyperFeed hereby represents and warrants to the Company, as of the date of this Agreement, as follows:
REPRESENTATIONS AND WARRANTIES OF HYPERFEED. Section 4.1. Section 4.2. Section 4.3. Section 4.4. Section 4.5. Section 4.6. Section 4.7. Section 4.8. Section 4.9. Section 4.10. Section 4.11. Section 4.12. Section 4.13. Section 4.14. Section 4.15. Section 4.16. Section 4.17. Section 4.18. Section 4.19. Organization and Authority of HyperFeed. Organization and Authority of Merger Sub. Governmental Authorization of HyperFeed. Non-Contravention. HyperFeed SEC Documents. Absence of Certain Changes. Finders’ Fees. Capitalization. Litigation.
REPRESENTATIONS AND WARRANTIES OF HYPERFEED. Except as disclosed in (a) any publicly available report, form, schedule, definitive registration statement or definitive proxy statement filed since May 9, 2006 by HyperFeed with the SEC pursuant to the Securities Act, as amended, or the Exchange Act, as amended (collectively, “HyperFeed SEC Reports”) or (b) the HyperFeed Disclosure Schedule delivered by HyperFeed to Exegy separately prior to, or contemporaneously with, the date hereof (each section or subsection of which qualifies the correspondingly numbered representation or warranty to the extent specified therein); provided, however, that any information set forth in one section of the HyperFeed Disclosure Schedule will be deemed to apply to each other section or subsection of this Agreement to which its relevance is reasonably apparent; provided, further, that notwithstanding anything in this Agreement to the contrary, the inclusion of an item in such schedule as an exception to a representation or warranty will not be deemed an admission that such item represents a material exception or material fact, event or circumstance or that such item has or would reasonably be expected to have a Material Adverse Effect on HyperFeed, HyperFeed represents and warrants to Exegy that:
