Common use of REPRESENTATIONS AND WARRANTIES OF PINNACLE Clause in Contracts

REPRESENTATIONS AND WARRANTIES OF PINNACLE. Except as and to the extent set forth in the letter dated the date of this Agreement and delivered to Pinnacle by Aztar concurrently with the execution and delivery of this Agreement (the “Pinnacle Disclosure Letter”) and, to the extent the qualifying nature of such disclosure is readily apparent therefrom, except as and to the extent set forth in the Pinnacle Reports (as defined in Section 3.02(f)) filed on or after January 1, 2005 and prior to the date hereof (excluding any disclosures set forth in any risk factor section, in any section relating to forward looking statements and any other disclosures included therein to the extent that they are cautionary, predictive or forward-looking in nature), Pinnacle represents and warrants to Aztar as follows:

REPRESENTATIONS AND WARRANTIES OF PINNACLE. Except as and to the extent set forth in the letter dated the date of this Agreement and delivered to Pinnacle by Aztar concurrently with the execution and delivery of this Agreement (the “"Pinnacle Disclosure Letter”") and, to the extent the qualifying nature of such disclosure is readily apparent therefrom, except as and to the extent set forth in the Pinnacle Reports (as defined in Section 3.02(f)) filed on or after January 1, 2005 and prior to the date hereof (excluding any disclosures set forth in any risk factor section, in any section relating to forward looking statements and any other disclosures included therein to the extent that they are cautionary, predictive or forward-looking in nature), Pinnacle represents and warrants to Aztar as follows: