Representations and Warranties of Fresh Vine and Merger Sub. 35 4.1 Due Organization; Subsidiaries 35 4.2 Organizational Documents 36 4.3 Authority; Binding Nature of Agreement 36 4.4 Vote Required 37 4.5 Non-Contravention; Consents 37 4.6 Capitalization 38 4.7 SEC Filings; Financial Statements 39
Representations and Warranties of Fresh Vine and Merger Sub. Except (i) as set forth in the written disclosure schedule delivered by Fresh Vine to the Company prior to or contemporaneously with the execution of this Agreement (the “Fresh Vine Disclosure Schedule”) or (ii) as disclosed in the Fresh Vine SEC Documents filed with the SEC prior to the date hereof and publicly available on the SEC’s Electronic Data Gathering Analysis and Retrieval system, Fresh Vine and Merger Sub represent and warrant to the Company as follows:
