REPRESENTATIONS AND WARRANTIES OF PIVOT AND MERGER SUB. Pivot and Merger Sub represent and warrant to Merger Partner as follows, except as set forth in the written disclosure schedule delivered by Pivot to Merger Partner (the “Pivot Disclosure Schedule”). The Pivot Disclosure Schedule shall be arranged in sections and subsections corresponding to the numbered and lettered sections and subsections contained in this Section 3. The disclosures in any section or subsection of the Pivot Disclosure Schedule shall qualify other sections and subsections in this Section 3 to the extent it is reasonably clear from a reading of the disclosure that such disclosure is applicable to such other sections and subsections. The inclusion of any information in the Pivot Disclosure Schedule (or any update thereto) shall not be deemed to be an admission or acknowledgment, in and of itself, that such information is required by the terms hereof to be disclosed, is material, has resulted in or would result in a Pivot Material Adverse Effect, or is outside the Ordinary Course of Business.
