Representations and Warranties of Omnicom and Publicis. Except as set forth (1) in the case of any representation and warranty made by Omnicom, in the disclosure letter dated as of the date hereof, delivered to Publicis by Omnicom on or prior to entering into this Agreement (the “Omnicom Disclosure Letter”) and except as disclosed in any report, schedule, form, statement or other document of Omnicom filed with or furnished to the U.S. Securities and Exchange Commission (the “SEC”) on the Business Day immediately preceding the date hereof and on or after December 31, 2011 and publicly available on the date hereof on the SEC’s Electronic Data Gathering, Analysis and Retrieval System (XXXXX) (collectively, the “Omnicom Reports”) (other than disclosures in the “Risk Factors” or “Forward Looking Statements” sections of any Omnicom Reports or any other disclosure in any Omnicom Report to the extent that such disclosure is predictive or forward-looking in nature), and (2) in the case of any representation and warranty made by Publicis, in the disclosure letter dated as of the date hereof, delivered to Omnicom by Publicis on or prior to entering into this Agreement (the “Publicis Disclosure Letter”) and except as disclosed in (x) any annual report or registration document of Publicis issued on the Business Day immediately preceding the date hereof and on or after December 31, 2011, (y) any investor communication or press release required to be made by any applicable Law, Regulatory Authority or any Self-Regulatory Organization and that is disseminated on the Business Day immediately preceding the date hereof and on or after December 31, 2011 via the “Investor Relations” or “Press Room” sections of the Publicis website (regardless whether filed with the AMF), or (z) any report, schedule, form, statement or other document filed with the French financial markets authority (Autorité des marchés financiers) (the “AMF”) or the French Registry of Commerce and Companies (Registre de commerce et des sociétés) on the Business Day immediately preceding the date hereof and on or after December 31, 2011 and, in each of cases (x), (y) and (z), only if such annual report, registration document, communication, release or other report, schedule, form, statement or document is publicly available on the Business Day immediately preceding the date hereof on the “Investor Relations” or “Press Room” sections of the website of Publicis or on the website of the AMF ((x), (y) and (z), collectively, the “Publicis Reports”) (other than disclosur...
