REPRESENTATIONS AND WARRANTIES OF OBALON AND MERGER SUB. Except as disclosed in (a) the Obalon SEC Documents furnished or filed prior to the date hereof (excluding any disclosures relating to forward-looking statements to the extent that they are cautionary, predictive or forward-looking in nature) or (b) the confidential disclosure schedule delivered by Obalon to ReShape prior to the execution and delivery of this Agreement (the “Obalon Disclosure Schedule”), Obalon and Merger Sub represent and warrant to ReShape as follows:
