Common use of Representations and Warranties of Crestwood; Performance Clause in Contracts

Representations and Warranties of Crestwood; Performance. (i) The representations and warranties of Crestwood set forth in Article III (other than the Crestwood Fundamental Representations and those set forth in Section 3.14(b)) shall be true and correct as of the Execution Date and as of the Initial Closing as if remade on the Initial Closing Date (except for such representations and warranties made as of a specific date, which shall be true and correct as of such date), except for such failures to be true and correct (disregarding all Materiality Requirements set forth therein) that would not, individually or when aggregated with other such inaccuracies of representations or warranties, reasonably be expected to have a Contributed Entity Material Adverse Effect, (ii) the Crestwood Fundamental Representations and the representations and warranties of Crestwood set forth in Section 3.14(b) shall be true and correct in all respects as of the Execution Date and as of the Initial Closing as if remade on the date thereof (except for such representations and warranties made as of a specific date, which shall be true and correct in all respects as of such date), (iii) Crestwood shall have performed (or caused to have been performed) in all material respects the covenants that it is required to perform under this Agreement at or prior to the Initial Closing, and Crestwood shall have performed (or cause to have been performed) in all respects the covenants that it is required to perform under Section 5.15, and (iv) a senior executive officer of Crestwood shall have furnished CEGPS at the Initial Closing a certificate to such effect.

Representations and Warranties of Crestwood; Performance. (i) The representations and warranties of Crestwood relating to Crestwood Pipeline East or the Second Closing set forth in Article III (other than the Crestwood Fundamental Representations and those set forth in Section 3.14(b)) shall be true and correct as of the Execution Date and as of the Initial Second Closing as if remade on the Initial Second Closing Date (except for such representations and warranties made as of a specific date, which shall be true and correct as of such date), except for such failures to be true and correct (disregarding all Materiality Requirements set forth therein) that would not, individually or when aggregated with other such inaccuracies of representations or warranties, reasonably be expected to have a Contributed Entity Crestwood Pipeline East Material Adverse Effect, (ii) the Crestwood Fundamental Representations relating to Crestwood Pipeline East or the Second Closing and the representations and warranties of Crestwood set forth in Section 3.14(b) relating to Crestwood Pipeline East or the Second Closing shall be true and correct in all respects as of the Execution Date and as of the Initial Second Closing as if remade on the date thereof (except for such representations and warranties made as of a specific date, which shall be true and correct in all respects as of such date), (iii) Crestwood shall have performed (or caused to have been performed) in all material respects the covenants relating to the Second Closing that it is required to perform under this Agreement at or prior to the Initial Second Closing, and Crestwood shall have performed (or cause to have been performed) in all respects the covenants that it is required to perform under Section 5.15, and (iv) a senior executive officer of Crestwood shall have furnished CEGPS at the Initial Closing a certificate to such effect.