REPRESENTATIONS AND WARRANTIES OF SELLER AND AMG. Seller with respect to Section 4.1 below, and each of Seller and AMG with respect to all sections of this Article IV except Section 4.1, represents and warrants to Buyer that the statements contained in this Article IV are correct and complete as of the date of this Agreement and will be correct and complete as of the Closing Date (as though made then as and as though the Closing Date were substituted for the date of this Agreement throughout this Article IV) with respect to themselves and their respective Subsidiaries, except where such representations and warranties expressly relate to an earlier date (in which case they were correct and complete as of such earlier date) and except as set forth on the Disclosure Letter delivered by Seller and the Acquired Companies to Buyer on the date hereof (the “Disclosure Letter”). Nothing in the Disclosure Letter shall be deemed adequate to disclose an exception to any representation or warranty made herein, however, unless the Disclosure Letter 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 addresses the existence of the document or other item itself). The Disclosure Letter is arranged in paragraphs corresponding to the numbered and lettered paragraphs contained in this Agreement.
