Representations and Warranties of Orca. The representations and warranties of Orca in this Article 5 are made as of the date of this Agreement and shall be deemed to be repeated as of (i) the First Closing Date in respect of the First Transaction and the First Tranche Shares and the Investment Shares, (ii) the Second Closing Date (if any) in respect of the Second Transaction and Second Tranche Shares, and (iii) the Third Closing Date (if any) in respect of the Third Transaction and Third Tranche Shares, each (unless another date or time is specified in a particular representation or warranty, in which case, that particular representation or warranty shall be deemed to have been made as of the specified date or time). Orca represents and warrants to Swala that, subject to Orca's Disclosure Letter:
Representations and Warranties of Orca. (i) The representations and warranties of Orca set forth in Section 4.2(d) and Section 4.2(g) shall be true and correct (except for de minimis inaccuracies) as of the Closing Date as though made on and as of such date (except to the extent that any such representation and warranty expressly speaks as of an earlier date, in which case such representation and warranty shall be so true and correct as of such earlier date), (ii) each of the representations and warranties of Orca set forth in Section 4.2(e), and Section 4.3 shall be true and correct in all material respects as of the Closing Date as though made on and as of such date (except to the extent that any such representation and warranty expressly speaks as of an earlier date, in which case such representation and warranty shall be so true and correct as of such earlier date), and (iii) each of the other representations and warranties of Orca set forth in ARTICLE IV hereof shall be true and correct (disregarding all qualifications or limitations as to “material”, “Material Adverse Effect” and words of similar import set forth therein) as of the date of this Agreement and as of the Closing Date as though made on and as of such date (except to the extent that any such representation and warranty expressly speaks as of an earlier date, in which case such representation and warranty shall be true and correct as of such earlier date), except in the case of clause (iii) where the failure of such representations and warranties to be so true and correct has not had and would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect on Orca.
