REPRESENTATIONS AND WARRANTIES OF RUBY. Ruby hereby represents and warrants that:
REPRESENTATIONS AND WARRANTIES OF RUBY. Rugby hereby represents and warrants to Parent and the Company as follows, subject and except with respect to the matters set forth in the disclosure letter delivered by Rugby to Parent and the Company on the date hereof (the "RUGBY DISCLOSURE LETTER") and, provided that the disclosures made on any section of the Rugby Disclosure Letter with respect to any representation or warranty shall be deemed to be made with respect to any other representation or warranty requiring the same or similar disclosure to the extent that the relevance of such disclosure to other representations and warranties is evident from the face of the applicable section of the Rugby Disclosure Letter:
REPRESENTATIONS AND WARRANTIES OF RUBY. Except as set forth solely with respect to the representations and warranties of Ruby set forth in Sections 4.1, 4.6 and 4.11 in the Annual Report on Form 10-K for the year ended June 30, 2006 filed by Ruby with the SEC on August 23, 2006 and the 2006 definitive proxy statement of Ruby incorporated therein by reference, the Quarterly Reports on Form 10-Q for the quarters ended, September 30, 2006, December 31, 2006 and March 31, 2007 filed by Ruby on November 9, 2006, February 7, 2007 and May 9, 2007, respectively, the Current Reports on Form 8-K filed by Ruby after June 30, 2006 and prior to the date of this Agreement, and all amendments to any of the foregoing filed with the SEC prior to the date of this Agreement (the “Ruby Recent Filings”) (other than statements in the Risk Factors sections that do not relate to historical facts and are forward-looking in nature and other forward-looking statements set forth in such Ruby Recent Filings) (provided that this clause shall apply only to the extent that nature and content of the disclosure in the Ruby Recent Filings is reasonably apparent on the face of the text of such disclosure to be applicable to the subject matter of, and, in the case of Section 4.11, reasonably specific as to matters and items that are the subject matter of, the representation or warranty set forth in the applicable Section identified in this clause, Ruby represents and warrants to Diamond as follows:
