Representations and Warranties of Cinergy. Except as set forth in the letter dated the date of this Agreement and delivered to Duke by Cinergy concurrently with the execution and delivery of this Agreement (the "Cinergy Disclosure Letter") or, to the extent the qualifying nature of such disclosure is readily apparent therefrom, as set forth in the Cinergy SEC Reports (as defined in Section 3.01(e)) filed on or after January 1, 2004 and prior to the date hereof, Cinergy represents and warrants to Duke as follows:
Representations and Warranties of Cinergy. 14 Section 3.02 Representations and Warranties of Duke...................29
Representations and Warranties of Cinergy. Section 3.1 Organization 25 Section 3.2 Authority and Power 26 Section 3.3 Valid and Binding Obligations 26 Section 3.4 Approvals and Consents 26 Section 3.5 No Violations 26 Section 3.6 No Litigation 27 Section 3.7 Equity Interests 27 Section 3.8 No Prior Activities 27 Section 3.9 Brokers 28 Section 3.10 Duke Note 28
Representations and Warranties of Cinergy. Except as specifically disclosed in the schedules to this Agreement (each section of which qualifies the correspondingly numbered representation and warranty to the extent specified therein and such other representations and warranties to the extent a matter in such section is disclosed in such a way as to make its relevance to such other representation or warranty reasonably apparent), Duke, with respect to the representations as to Duke set forth in Sections 3.1 through 3.5, and Cinergy represent and warrant to Investor as of the Agreement Date and each Closing Date as follows:
