REPRESENTATIONS AND WARRANTIES OF CMS BANCORP AND CMS BANK. CMS Bancorp and CMS Bank represent and warrant to Xxxxxx and the Acquisition Corporation that the statements contained in this Article IV are correct and complete as of the date of this Agreement and will be correct and complete as of the Closing Date (as though made then and as though the Closing Date were substituted for the date of this Agreement throughout this Article IV), except as set forth in the CMS Bancorp Disclosure Schedules delivered by CMS Bancorp to Xxxxxx on the date hereof, and except as to any representation or warranty which relates to a specific date. CMS Bancorp and CMS Bank have made a good faith effort to ensure that the disclosure on each schedule of the CMS Bancorp Disclosure Schedules corresponds to the section reference herein. However, for purposes of the CMS Bancorp Disclosure Schedules, any item disclosed on any schedule therein is deemed to be fully disclosed with respect to all schedules under which such item may be relevant and to the extent that it is reasonably clear on the face of such schedule that such item applies to such other schedule.
