REPRESENTATIONS AND WARRANTIES OF SWALA. The representations and warranties of Swala in this Article 6 are made as of the date of this Agreement in respect of the First Transaction and shall be deemed to be repeated as of (i) the Second Closing Date (if any) in respect of the Second Transaction, and (ii) the Third Closing Date (if any) in respect of the Third Transaction (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). Swala represents and warrants to Orca that, subject to Xxxxx's Disclosure Letter:
