REPRESENTATIONS AND WARRANTIES OF M&T AND MERGER SUB. M&T and Merger Sub hereby jointly and severally represent and warrant to FNB as follows:
REPRESENTATIONS AND WARRANTIES OF M&T AND MERGER SUB. Except as (i) Previously Disclosed or (ii) disclosed in any report, schedule or form publicly filed with, or furnished to, the SEC by M&T prior to the date hereof and on or after the date on which M&T filed with the SEC its Annual Report on Form 10-K for its fiscal year ended December 31, 2009 (but disregarding any risk factor disclosures contained under the heading “Risk Factors,” or disclosure of risks set forth in any “forward-looking statements” disclaimer or any other statements that are similarly cautionary, predictive or forward-looking in nature), M&T and Merger Sub hereby represent and warrant to Xxxxxx as follows:
