REPRESENTATIONS AND WARRANTIES REGARDING TITAN. Section 3.1 Organization 9 Section 3.2 Capitalization 9 Section 3.3 Authorization 10 Section 3.4 No Conflicts 10 Section 3.5 Consents 11 Section 3.6 Bankruptcy 11 Section 3.7 Litigation 11 Section 3.8 Material Contracts 11 Section 3.9 No Violation of Laws 13 Section 3.10 Preferential Rights 13 Section 3.11 Personal Property 13 Section 3.12 Imbalances 13 Section 3.13 Current Commitments 13 Section 3.14 Contribution Requirements 13 Section 3.15 Non-Consent Elections 13 Section 3.16 Payout Balances 14 Section 3.17 Environmental Matters 14 Section 3.18 Current Plugging Obligations 14 Section 3.19 Royalties; Suspense Funds 14 Section 3.20 Easements 14 Section 3.21 Oil and Gas Operations 14 Section 3.22 Current Bonds 15 Section 3.23 Natural Gas Act 15 Section 3.24 Broker’s Fees 15 Section 3.25 Employee Plans 15 Section 3.26 Taxes 17 Section 3.27 Investment Company 18 Section 3.28 Titan’s Financial Statements 18 Section 3.29 No Undisclosed Liabilities; No Adverse Changes 19 Section 3.30 Expiration of Leases for Undrilled Locations 19 Section 3.31 Employment Matters 19 Section 3.32 Insurance 20 Section 3.33 Bank Accounts 20 Section 3.34 Fee Interests 20 Section 3.35 Investment Intent; Restricted Securities. 20 ARTICLE 4
REPRESENTATIONS AND WARRANTIES REGARDING TITAN. Except as set forth on the Titan Disclosure Schedule (each section of which qualifies the correspondingly numbered representation and warranty or covenant to the extent specified therein, provided that any disclosure set forth with respect to any particular section shall be deemed to be disclosed in reference to all other applicable sections of this Agreement if the disclosure in respect of the particular section is sufficient on its face without further inquiry reasonably to inform Atlas of the information required to be disclosed in respect of the other sections to avoid a breach under the representation and warranty or covenant corresponding to such other sections), Titan hereby represents and warrants to Atlas as follows in Sections 3.1 through 3.34, inclusive, and the holders of the Titan Class A Units, severally and not jointly, hereby represent and warrant to Atlas as follows in Section 3.35 only:
