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

Representations and Warranties of OGE; Performance. (i) The representations and warranties of OGE set forth in Article IV made to ETP (other than those set forth in Section 4.3) shall be true and correct in all respects as of the Execution Date and as of the Closing as if remade on the date thereof (except for representations and warranties made as of a specific date, which shall be true and correct as of such specific date), except for such failures to be true and correct (ignoring and disregarding all Materiality Requirements set forth therein (other than in Section 4.17(b)) that could not, individually or when aggregated with other such inaccuracies of representations or warranties, reasonably be expected to have an Enogex Material Adverse Effect, (ii) the representations and warranties of OGE set forth in Section 4.3 shall be true and correct in all material respects as of the Execution Date and as of the Closing, as if remade on the date thereof (except for representations and warranties made as of a specific date, which shall be true and correct as of such specific date), (iii) OGE shall have performed (or caused to have been performed) all covenants required of it by this Agreement as of the Closing and (iv) OGE shall have furnished to ETP at the Closing with a certificate to such effect.

Appears in 3 contracts

Sources: Contribution Agreement (Energy Transfer Partners, L.P.), Contribution Agreement (Energy Transfer Equity, L.P.), Contribution Agreement (Oge Energy Corp.)