REPRESENTATIONS AND WARRANTIES OF Nikola AND PURCHASER. Except as disclosed in the Nikola SEC Documents filed or furnished by Nikola on or after December 31, 2020, and at least five Business Days prior to the date of this Agreement (including all exhibits and schedules thereto and documents incorporated by reference therein and excluding any disclosures set forth under the headings “Risk Factors”, “Forward-Looking Statements”, “Market Risk” or any similar sections, and any other disclosures included therein to the extent predictive, cautionary or forward-looking in nature); provided, that, nothing in the Nikola SEC Documents shall be deemed to be disclosures against Section 4.2, Nikola and Purchaser hereby represent and warrant to Romeo as follows:
