REPRESENTATIONS AND WARRANTIES OF NOCTURNE AND MERGER SUB. Except as disclosed in (a) Nocturne’s Disclosure Letter (subject to Section 8.13) and (b) the Nocturne SEC Documents filed with or furnished to the SEC prior to the date of this Agreement (to the extent the qualifying nature of such disclosure is readily apparent from the content of such Nocturne SEC Documents and excluding any disclosures in the “Risk Factors” or “Forward-Looking Statements” sections that do not constitute statements of fact and disclosures in any forward-looking statements disclaimer (it being acknowledged that nothing disclosed in such a Nocturne SEC Document will be deemed to modify or qualify the representations and warranties set forth in Section 4.1 (Organization; Authority; Enforceability))), Nocturne and Merger Sub hereby represent and warrant to the Company as follows:
