Common use of MarkWest SEC Documents Clause in Contracts

MarkWest SEC Documents. Except for the Current Report on Form 8-K/A filed on August 26, 2003, MarkWest has timely filed with the Commission all forms, registration statements, reports, schedules and statements required to be filed by it under the Exchange Act or the Securities Act (all such documents, collectively “MarkWest SEC Documents”). The MarkWest SEC Documents, including, without limitation, any audited or unaudited financial statements and any notes thereto or schedules included therein (the “MarkWest Financial Statements”), at the time filed (in the case of registration statements, solely on the dates of effectiveness) (except to the extent corrected by a subsequently filed MarkWest SEC Document filed prior to the Commitment Date) (a) did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading, (b) complied in all material respects with the applicable requirements of the Exchange Act and the Securities Act, as the case may be, (c) complied as to form in all material respects with applicable accounting requirements and with the published rules and regulations of the Commission with respect thereto, (d) were prepared in accordance with GAAP applied on a consistent basis during the periods involved (except as may be indicated in the notes thereto or, in the case of unaudited statements, as permitted by Form 10-Q of the Commission), and (e) fairly present (subject in the case of unaudited statements to normal, recurring and year-end audit adjustments) in all material respects the consolidated financial position and status of the business of MarkWest as of the dates thereof and the consolidated results of its operations and cash flows for the periods then ended. PricewaterhouseCoopers LLP, MarkWest’s former public accounting firm, is an independent public accounting firm with respect to MarkWest and did not resign and was not dismissed as independent public accountants of MarkWest as a result of or in connection with any disagreement with MarkWest on a matter of accounting principles or practices, financial statement disclosure or auditing scope or procedure. KPMG LLP, MarkWest’s current public accounting firm, is an independent public accounting firm with respect to MarkWest and has not resigned or been dismissed as independent public accountants of MarkWest as a result of or in connection with any disagreement with MarkWest on a matter of accounting principles or practices, financial statement disclosure or auditing scope or procedure. To MarkWest’s Knowledge, the information (considering all information in the aggregate and excluding all forecasts, projections and forward looking information) provided by MarkWest to the Purchasers regarding the American Central Acquisition was true and correct in all material respects and did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. Based on advice from the staff of the Commission and related information, MarkWest believes that it is currently eligible to use a registration statement on Form S-3 for the registration of securities under the Securities Act.

MarkWest SEC Documents. Except for the Current Report on Form 8-K/A filed on August 26, 2003, MarkWest has timely filed with the Commission all forms, registration statements, reports, schedules and statements required to be filed by it under the Exchange Act or the Securities Act (all such documents, collectively “MarkWest SEC Documents”)) and since October 11, 2005, all such reports and statements have been timely filed. The MarkWest SEC Documents, including, without limitation, any audited or unaudited financial statements and any notes thereto or schedules included therein (the “MarkWest Financial Statements”), at the time filed (in the case of registration statements, solely on the dates of effectiveness) (except to the extent corrected by a subsequently filed MarkWest SEC Document filed prior to the Commitment Datedate hereof) (a) did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading, (b) complied in all material respects with the applicable requirements of the Exchange Act and the Securities Act, as the case may be, (c) complied as to form in all material respects with applicable accounting requirements and with the published rules and regulations of the Commission with respect thereto, (d) were prepared in accordance with GAAP applied on a consistent basis during the periods involved (except as may be indicated in the notes thereto or, in the case of unaudited statements, as permitted by Form 10-Q of the Commission), and (e) fairly present (subject in the case of unaudited statements to normal, recurring and year-end audit adjustments) in all material respects the consolidated financial position and status of the business of MarkWest as of the dates thereof and the consolidated results of its operations and cash flows for the periods then ended. PricewaterhouseCoopers LLP, MarkWest’s former public accounting firm, is an independent public accounting firm with respect to MarkWest and did not resign and was not dismissed as independent public accountants of MarkWest as a result of or in connection with any disagreement with MarkWest on a matter of accounting principles or practices, financial statement disclosure or auditing scope or procedure. KPMG LLP, MarkWest’s former public accounting firm, is an independent public accounting firm with respect to MarkWest and did not resign and was not dismissed as independent public accountants of MarkWest as a result of or in connection with any disagreement with MarkWest on a matter of accounting principles or practices, financial statement disclosure or auditing scope or procedure. Deloitte & Touche LLP, MarkWest’s current public accounting firm, is an independent public accounting firm with respect to MarkWest and has not resigned or been dismissed as independent public accountants of MarkWest as a result of or in connection with any disagreement with MarkWest on a matter of accounting principles or practices, financial statement disclosure or auditing scope or procedure. To MarkWest’s Knowledge, the information (considering all information in the aggregate and excluding all forecasts, projections and forward looking information) ), if any, provided by MarkWest to the Purchasers any Purchaser regarding the American Central Javelina Acquisition was true and correct in all material respects and did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. Based on advice from the staff of the Commission and related information, MarkWest believes that it is currently eligible to use a registration statement on Form S-3 for the registration of securities under the Securities Act.

MarkWest SEC Documents. Except for the Current Report on Form 8-K/A filed on August 26, 2003, MarkWest has timely filed with the Commission all forms, registration statements, reports, schedules and statements required to be filed by it under the Exchange Act or the Securities Act (all such documents, collectively “MarkWest SEC Documents”)) and since October 11, 2005, all such reports and statements have been timely filed. The MarkWest SEC Documents, including, without limitation, any audited or unaudited financial statements and any notes thereto or schedules included therein (the “MarkWest Financial Statements”), at the time filed (in the case of registration statements, solely on the dates of effectiveness) (except to the extent corrected by a subsequently filed MarkWest SEC Document filed prior to the Commitment Datedate hereof) (a) did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading, (b) complied in all material respects with the applicable requirements of the Exchange Act and the Securities Act, as the case may be, (c) complied as to form in all material respects with applicable accounting requirements and with the published rules and regulations of the Commission with respect thereto, (d) were prepared in accordance with GAAP applied on a consistent basis during the periods involved (except as may be indicated in the notes thereto or, in the case of unaudited statements, as permitted by Form 10-Q of the Commission), and (e) fairly present (subject in the case of unaudited statements to normal, recurring and year-end audit adjustments) in all material respects the consolidated financial position and status of the business of MarkWest as of the dates thereof and the consolidated results of its operations and cash flows for the periods then ended. PricewaterhouseCoopers LLP, MarkWest’s former public accounting firm, is an independent public accounting firm with respect to MarkWest and did not resign and was not dismissed as independent public accountants of MarkWest as a result of or in connection with any disagreement with MarkWest on a matter of accounting principles or practices, financial statement disclosure or auditing scope or procedure. KPMG LLP, MarkWest’s former public accounting firm, is an independent public accounting firm with respect to MarkWest and did not resign and was not dismissed as independent public accountants of MarkWest as a result of or in connection with any disagreement with MarkWest on a matter of accounting principles or practices, financial statement disclosure or auditing scope or procedure. Deloitte & Touche LLP, MarkWest’s current public accounting firm, is an independent public accounting firm with respect to MarkWest and has not resigned or been dismissed as independent public accountants of MarkWest as a result of or in connection with any disagreement with MarkWest on a matter of accounting principles or practices, financial statement disclosure or auditing scope or procedure. To MarkWest’s Knowledge, the information (considering all information in the aggregate and excluding all forecasts, projections and forward looking information) ), if any, provided by MarkWest to the Purchasers any Purchaser regarding the American Central Acquisition any potential transaction with MarkWest Hydrocarbon, Inc. was true and correct in all material respects and did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. Based on advice from the staff of the Commission and related information, MarkWest believes that it is currently eligible to use a registration statement on Form S-3 for the registration of securities under the Securities Act.

MarkWest SEC Documents. Except for the Current Report on Form 8-K/A filed on August 26, 2003, MarkWest has timely filed with the Commission all forms, registration statements, reports, schedules and statements required to be filed by it under the Exchange Act or the Securities Act (all such documents, collectively “MarkWest SEC Documents”)) and, since October 11, 2005, all such reports and statements have been timely filed. The MarkWest SEC Documents, including, without limitation, any audited or unaudited financial statements and any notes thereto or schedules included therein (the “MarkWest Financial Statements”), at the time filed (in the case of registration statements, solely on the dates of effectiveness) (except to the extent corrected by a subsequently filed MarkWest SEC Document filed prior to the Commitment Datedate hereof) (a) did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading, (b) complied in all material respects with the applicable requirements of the Exchange Act and the Securities Act, as the case may be, (c) complied as to form in all material respects with applicable accounting requirements and with the published rules and regulations of the Commission with respect thereto, (d) were prepared in accordance with GAAP applied on a consistent basis during the periods involved (except as may be indicated in the notes thereto or, in the case of unaudited statements, as permitted by Form 10-Q of the Commission), and (e) fairly present (subject in the case of unaudited statements to normal, recurring and year-end audit adjustments) in all material respects the consolidated financial position and status of the business of MarkWest as of the dates thereof and the consolidated results of its operations and cash flows for the periods then ended. PricewaterhouseCoopers LLP, MarkWest’s former public accounting firm, is an independent public accounting firm with respect to MarkWest and did not resign and was not dismissed as independent public accountants of MarkWest as a result of or in connection with any disagreement with MarkWest on a matter of accounting principles or practices, financial statement disclosure or auditing scope or procedure. KPMG LLP, MarkWest’s former public accounting firm, is an independent public accounting firm with respect to MarkWest and did not resign and was not dismissed as independent public accountants of MarkWest as a result of or in connection with any disagreement with MarkWest on a matter of accounting principles or practices, financial statement disclosure or auditing scope or procedure. Deloitte & Touche LLP, MarkWest’s current public accounting firm, is an independent public accounting firm with respect to MarkWest and has not resigned or been dismissed as independent public accountants of MarkWest as a result of or in connection with any disagreement with MarkWest on a matter of accounting principles or practices, financial statement disclosure or auditing scope or procedure. To MarkWest’s Knowledge, the information (considering all information in the aggregate and excluding all forecasts, projections and forward looking information) ), if any, provided by MarkWest to the Purchasers any Purchaser regarding the American Central Acquisition any potential transaction with MarkWest Hydrocarbon, Inc. was true and correct in all material respects and did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. Based on advice from the staff of the Commission and related information, MarkWest believes that it is currently eligible to use a registration statement on Form S-3 for the registration of securities under the Securities Act.