REPRESENTATIONS AND WARRANTIES OF MENLO AND MENLO MERGER SUB. Each of Menlo and Menlo Merger Sub represents and warrants to Foamix as of the date hereof and as of the Closing Date (except for those representations and warranties made as of a specific date or time) as follows (except (i) as set forth in the written disclosure letter (which letter shall in each case specifically identify by reference to Sections of this Agreement any exceptions to each of the representations, warranties and covenants contained in this Agreement; provided, however, that any information set forth in one section of such disclosure letter shall be deemed to apply to each other section or subsection thereof or hereof to which its relevance is reasonably apparent on its face) delivered by Menlo to Foamix in connection with the execution and delivery of this Agreement (the “Menlo Disclosure Letter”) or (ii) as disclosed in the Menlo SEC Reports filed with or furnished to the SEC by Menlo, and in either case, publicly available on or after January 1, 2018 and on or prior to the date hereof (and without regard to any amendment thereto filed after the date of this Agreement)).
