Unitholder’s Representations and Warranties. Unitholder hereby represents and warrants to Sellers as of the date hereof as follows:
Unitholder’s Representations and Warranties. Each Unitholder represents and warrants to Enterprise that (i) the Unitholder has duly authorized, executed and delivered this Agreement and this Agreement constitutes a valid and binding agreement and neither the execution and delivery of this Agreement nor the consummation by the Unitholder of the transactions contemplated hereby will constitute a violation of, a default under, or conflict with any contract, commitment, agreement, understanding, arrangement or restriction of any kind to which the Unitholder is party or by which the Unitholder is bound, (ii) consummation by the Unitholder of the transactions contemplated hereby will not violate, or require any consent, approval or notice under, any provision of law applicable to the Unitholder, (iii) there are no outstanding options, warrants or rights to purchase or acquire, proxies, powers-of-attorney or voting agreements relating to the Subject Units, other than this Agreement, (iv) such Subject Units constitute all of the securities of the Unitholder owned beneficially or of record by the Unitholder on the date hereof and (v) the Unitholder has the present power and right to vote all of the Subject Units as contemplated herein.
Unitholder’s Representations and Warranties. Unitholder represents and warrants to Company as follows:
Unitholder’s Representations and Warranties. Each Unitholder separately (and not jointly) represents and warrants to Buyer as follows:
Unitholder’s Representations and Warranties. Each Unitholder separately (and not jointly) represents and warrants to Buyer as follows: 4.1 Organization of XX XX, Inc. If such Unitholder is XX XX, Inc., (a) such Unitholder is a corporation validly existing and in good standing under the Laws of the State of Kansas, (b) the Pack Trust owns 33.15% of the shares of such Unitholder, the Xxxx Trust owns 33.15% of the shares of such Unitholder, Xxxxxxx Xxxxxx St. Clair, Jr. owns 17.80% of the shares of such Unitholder, Xxxx Xxxxxxx Xxxxxx owns 15.90% of the shares of such Unitholder, and there are no Equity Interests in such Unitholder issued, outstanding or reserved, and (c) such Unitholder is a holding company that has no material Liabilities. 33 4.2
