REPRESENTATIONS AND WARRANTIES OF TJX AND SELLER. Each of TJX and Seller hereby, jointly and severally, represents and warrants to Buyer as set forth below (and each of the parties acknowledges that, except as specifically stated herein, such representations and warranties do not cover and are not made in respect of or applicable to CDM or the Excluded Assets and Excluded Liabilities, but all such representations and warranties, to the extent applicable, shall apply to the Trade Name Sub upon its establishment):
