REPRESENTATIONS AND WARRANTIES OF ACTIVISION AND MERGER SUB. Except as set forth (i) in the disclosure schedule delivered by Activision to Vivendi dated as of the date hereof (the “Activision Disclosure Schedule”), which Activision Disclosure Schedule identifies the Section (or, if applicable, subsection) to which such exception relates (provided that any disclosure in the Activision Disclosure Schedule relating to one section or subsection shall also apply to other sections and subsections to the extent that it is reasonably apparent that such disclosure would also apply to or qualify such other sections or subsections), and (ii) in the Activision SEC Documents filed prior to the date hereof, Activision and Merger Sub represent and warrant to Vivendi, VGAC LLC and Games as follows:
