Representations, Warranties and Agreements of the Selling Unitholder. The Selling Unitholder represents, warrants and agrees that:
Representations, Warranties and Agreements of the Selling Unitholder. The Peabody Parties represent and warrant to, and agree with, the Penn Virginia Parties and the Underwriter that:
Representations, Warranties and Agreements of the Selling Unitholder. For purposes of this Section 3, the “knowledge” and “awareness” of the “Selling Unitholder” shall mean the actual knowledge of (i) in the case of XxXxxx De Leeuw and Co. IV, L.P. and XxXxxx De Leeuw and Co. IV Associates, L.P., the managing members of MDC Management Company IV, LLC, and (ii) in the case of Delta Fund LLC, the voting members of Delta Fund LLC. Each Selling Unitholder, severally but not jointly, represents and warrants and covenants to the Sales Agent as of the date hereof that:
