Representations and Warranties of RM Regarding the Company. RM ---------------------------------------------------------- represents and warrants to the Buyer that the statements made in this Section 3 are true and correct. Except as otherwise indicated, all of the representations and warranties contained in Section 3 below assume that the entire assets of the Business were owned, and the Business conducted, by the Company during all periods covered by the relevant representations and warranties, whether or not the contribution of the assets of the Business by RM to the Company had been completed as of the date or dates as of which such representation or warranty is made. For purposes of this Agreement, any statement that is made "to the knowledge" or "to the best knowledge" of RM or the Buyer, as the case may be, shall be deemed to include facts and circumstances known, or that should have been known upon reasonable investigation, to any officer, director or manager of RM, the Company or the Buyer, as the case may be, either on the date of this Agreement or immediately prior to the Closing.
