REPRESENTATIONS AND WARRANTIES REGARDING XXXXX AND MERGER SUB. Except as (i) disclosed in any report, schedule, form or other document filed with, or furnished to, the SEC by Xxxxx prior to the date hereof (the “Xxxxx SEC Reports”) or (ii) as set forth in the corresponding section or subsection of the disclosure letter delivered by Xxxxx to Xxxxxx’x prior to the execution of this Agreement (the “Xxxxx Disclosure Letter”) (it being agreed that disclosure of any information in a particular section or subsection of the Xxxxx Disclosure Letter shall be deemed disclosure with respect to any other section or subsection of this Agreement to which the relevance of such information is readily apparent on its face), Xxxxx and Merger Sub hereby represent and warrant to Xxxxxx’x as follows:
