REPRESENTATIONS AND WARRANTIES OF THE STOCKHOLDERS, THE PREFERRED STOCKHOLDERS AND THE. WARRANTHOLDERS As an inducement to CMS Energy and Sub to enter into this Agreement and to consummate the transactions contemplated hereby, the Stockholders (other than Cain, xxe Cain Xxxst and Oehmxx) xxintly and severally (except as otherwise provided below) represent and warrant to CMS Energy and Sub and agree, and Cain, xxe Cain Xxxst and Oehmxx xxxresent and warrant to CMS Energy and Sub and agree solely with respect to Section 3.3(b), Section 3.4(a) (third paragraph) and Section 3.4(b), and the Preferred Stockholders severally and not jointly or solidarily represent and warrant to CMS Energy and Sub and agree solely with respect to Section 3.3(b) (second sentence) and Section 3.4(b), and the Warrantholders severally and not jointly or solidarily represent and warrant to CMS Energy and Sub and agree solely with respect to Section 3.3(b) (third sentence) and Section 3.4(b), as follows, it being understood and agreed that any and all such representations and warranties as to ACEC are made to the knowledge of Waltxx xxx the Stockholders based on Waltxx xxxing conducted due diligence on ACEC in accordance with industry practice for a transaction of the size and nature of the acquisition of ACEC by Waltxx xx contemplated by the Amoco Stock Purchase Agreement:
