REPRESENTATIONS AND WARRANTIES OF TPB AND MERGER SUB. Subject to Section 10.12(h), except as disclosed in the TPB SEC Documents filed with or furnished to the SEC prior to the date hereof and publicly available on the SEC’s Electronic Data Gathering Analysis and Retrieval system (but (a) without giving effect to any amendment thereof filed with or furnished to the SEC on or after the date hereof and (b) excluding any disclosures contained under the heading “Risk Factors” and any disclosure of risks included in any “forward-looking statements” disclaimer or in any other section to the extent they are forward predictive or forward-looking in nature, (iii) in no event will any disclosure in the TPB SEC Documents qualify or limit the representations and warranties in Sections 3.1, 3.2, 3.3, 3.5 or 3.6), TPB and Merger Sub represent and warrant to SDI as follows:
