REPRESENTATIONS AND WARRANTIES RELATING TO THE COMPANY AND NEWCO. 40 Section 3.1 Enforceability. 40 Section 3.2 Incorporation and Status. 40 Section 3.3 Corporate Power of the Company. 41 Section 3.4 Capital of the Company and Cap Table. 41 Section 3.5 Convertible Instruments. 42 Section 3.6 Subsidiaries. 43 Section 3.7 No Contravention. 43 Section 3.8 Approvals and Consents. 43 Section 3.9 Financial Statements. 44 Section 3.10 No Undisclosed Liabilities. 44 Section 3.11 Absence of Unusual Transactions and Events. 45 Section 3.12 Transactions with Affiliates. 45 Section 3.13 Employment Matters. 45
REPRESENTATIONS AND WARRANTIES RELATING TO THE COMPANY AND NEWCO. Subject to Section 8.8, except as set forth in the Company Disclosure Schedules, the Company and Newco hereby represent and warrant to Prospector as follows. For purposes of the representations and warranties set forth in this Article 3, the term “Company” shall include all Subsidiaries of the Company, unless otherwise noted herein.
