Representations and Warranties of Purchaser and AcquireCo. (1) Except as disclosed in the Purchaser Filings publicly filed prior to the date of this Agreement (excluding all disclosures (other than statements of historical fact) in any “Risk Factors” or similar section, however captioned, and any disclosures included in any such Purchaser Filings that are cautionary, predictive or forward looking in nature), Purchaser and AcquireCo, as applicable, represent and warrant to the Company, as of the date of this Agreement, as set forth in Schedule D, and acknowledges and agrees that the Company is relying upon such representations and warranties in connection with the entering into of this Agreement and the completion of the Acquisition.
