REPRESENTATIONS AND WARRANTIES REGARDING VSCRE AND ITS SUBSIDIARIES. As a material inducement to the Buyer to enter into and perform its obligations under this Agreement, except as set forth in the Disclosure Schedule, Seller and VSCRE hereby jointly and severally represent and warrant to the Buyer as of the date hereof and as of the Closing Date (except as otherwise herein indicated) as follows; provided, however, that the representations and warranties contained in this Section 4 (other than Sections 4.19 and 4.20 or as expressly provided in the respective Pending Property Agreements with respect to the HCG Real Property Assets and the Elmcroft Real Property Assets) shall not apply to the HCG Real Property Assets or the Elmcroft Real Property Assets or any assets, liabilities or entities relating thereto, irrespective of the fact that the transactions contemplated by the Pending Property Agreements with respect to the HCG Real Property Assets and the Elmcroft Real Property Assets may have been consummated prior to the Closing Date:
