Representations and Warranties of Private Owner. The Private Owner hereby represents and warrants separately to each of the Initial Member and the Company as follows:
Representations and Warranties of Private Owner. The Private Owner hereby represents and warrants separately to each of the Initial Member and the Company as follows:
(a) The Private Owner is a “Qualified Transferee,” as such term is defined in the LLC Operating Agreement, and as such, represents and warrants that each item included in such definition is true and correct in all respects as of the date hereof as if set forth herein.
(b) All information and documents provided to the Initial Member or its agents by or on behalf of the Private Owner or any Affiliate thereof (including the Sponsor) in connection with this Agreement and the transactions contemplated hereby, including, but not limited to, the Purchaser Eligibility Certification, the Bid Certification, the Structured Transaction Qualification Request, the Bidder Qualification Request and the Confidentiality Agreement, are true and correct in all respects as of the date hereof and do not fail to state any fact necessary to make the information contained therein not misleading.
