REPRESENTATIONS AND WARRANTIES OF PVFE. PVFE represents and warrants to US BioEnergy that the statements contained in this Article II are correct and complete in all material respects as of the date of this Agreement and will be correct and complete as of the Closing Date (as though made on the Closing Date), except as set forth in the PVFE Disclosure Schedule delivered by PVFE to US BioEnergy attached hereto (the “PVFE Disclosure Schedule”). Nothing in the PVFE Disclosure Schedule shall be deemed adequate to disclose an exception to a representation or warranty made herein unless the PVFE Disclosure Schedule identifies the exception with particularity and describes the relevant facts in detail. Without limiting the generality of the foregoing, the mere listing (or inclusion of a copy) of a document or other item shall not be deemed adequate to disclose an exception to a representation or warranty made herein (unless the representation or warranty has to do with the existence of the document or other item itself).
