Representations and Warranties of the Pubco. The Pubco represents and warrants to the Stockholder and Peakway that, except as set forth in the reports, schedules, forms, statements and other documents filed by Pubco with the SEC and publicly available prior to the date of the Agreement (the "FILED PUBCO SEC DOCUMENTS") or in the letter, which will be delivered by the Pubco to Peakway and the Stockholder concurrently herewith (the "PUBCO DISCLOSURE LETTER"):
Representations and Warranties of the Pubco. Except as set forth in the disclosure schedules delivered by Pubco to Four Leaf simultaneously with the execution of this Agreement and attached as Exhibit E hereto (the “Pubco Disclosure Schedules”), Pubco hereby represents and warrants, to Four Leaf that each of the following representations and warranties is true, correct and complete as of the Signing Date (or, if such representations and warranties are made with respect to a certain date, as of such date). The Parties hereto agree that any reference to a particular schedule shall be deemed to be an exception to the representations and warranties of the relevant Part(ies) that are contained in the corresponding section of this Agreement only; provided that where it is apparent on the face of a disclosure under a particular schedule that such disclosure is, or may be reasonably determined to be, relevant to the matters described under any other sections of this Agreement, such disclosure may also be deemed to be relevant to such other sections. Certain information set forth in the Pubco Disclosure Schedules is included solely for informational purposes and may not be required to be disclosed pursuant to this Agreement. The disclosure of any information shall not be deemed to constitute an acknowledgement that such information is required to be disclosed in connection with the representations and warranties made in this Agreement, nor shall such information be deemed to establish a standard of materiality or that the facts underlying such information constitute a Material Adverse Effect. Unless the context otherwise required, the below representations and warranties relate to, where applicable, Pubco on a consolidated basis with its Subsidiaries. References to Schedules in this Article IV shall, unless otherwise provided, are to the Pubco Disclosure Schedules.
