Common use of Information in Proxy Statement Clause in Contracts

Information in Proxy Statement. None of the information supplied or to be supplied by or on behalf of any Parent Party in writing for inclusion or incorporation by reference in the Proxy Statement (including any amendments or supplements thereto) will, at the time the Proxy Statement (or any amendment or supplement thereto) is first sent or given to the stockholders of the Company or at the time of the Stockholder Meeting, contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they are made, not misleading. Notwithstanding the foregoing, no Parent Party makes any representation or warranty with respect to statements made or incorporated by reference therein based on information supplied by or on behalf of the Company or any Affiliates thereof for inclusion or incorporation by reference in the Proxy Statement.

Information in Proxy Statement. None of the written information supplied or to be supplied by Parent or on behalf of any Parent Party in writing Merger Sub expressly for inclusion or incorporation by reference in the Proxy Statement (including or any amendments amendment thereof or supplements supplement thereto) will, at the time the Proxy Statement (or any amendment or supplement thereto) is date first sent or given mailed to the Company’s stockholders of the Company or at the time of the Stockholder Meetingmeeting of the Company’s stockholders to be held in connection with the Merger, contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements made therein, in light of the circumstances under which they are made, not misleading. Notwithstanding the foregoing, no Parent Party makes any representation or warranty is made by Parent or Merger Sub with respect to statements made or incorporated by reference therein based on information supplied by or on behalf of the Company or any Affiliates thereof for inclusion or incorporation by reference in the Proxy Statementits Representatives.

Information in Proxy Statement. None of the information supplied or to be supplied by or on behalf of any Parent Party in writing the Company for inclusion or incorporation by reference in the Proxy Statement to be filed with the SEC (including any amendments or supplements thereto) the “Proxy Statement”), will, at the time the Proxy Statement (or any amendment or supplement thereto) is first sent or given mailed to the stockholders of the Company or Company, at the time of the Stockholder MeetingCompany Stockholders’ Meeting or as of the Effective Time, contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they are made, not misleading. The Proxy Statement will comply as to form in all material respects with the provisions of the Exchange Act and the rules and regulations promulgated by the SEC thereunder. Notwithstanding the foregoing, no Parent Party makes any representation or warranty is made by the Company with respect to statements made or incorporated by reference therein based on information about Parent or Merger Sub supplied by Parent or on behalf of the Company or any Affiliates thereof Merger Sub for inclusion or incorporation by reference in the Proxy Statement.

Information in Proxy Statement. None of the information supplied or to be supplied by or on behalf of any Parent Party in writing for inclusion or incorporation by reference in the The Proxy Statement and any other document filed with the SEC by the Company in connection with the Merger (including the Schedule 13E-3) taking into account any amendments amendment thereof or supplements supplement thereto) will), at the time the Proxy Statement (or any amendment or supplement thereto) is date first sent or given mailed to the stockholders of the Company or Company, at the time of the Stockholder MeetingCompany Stockholders Meeting and at the time filed with the SEC, as the case may be, will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in 9 order to make the statements therein, in light of the circumstances under which they are made, not misleading. Notwithstanding , and the foregoingProxy Statement and such other documents filed with the SEC by the Company (including the Schedule 13E-3) will comply in all material respects with the provisions of the Exchange Act; provided, however, that no Parent Party makes any representation or warranty is made by the Company with respect to statements made or incorporated by reference therein based on information supplied by Parent or on behalf of the Company or any Affiliates thereof Merger Sub for inclusion or incorporation by reference in the Proxy Statementsuch documents.

Information in Proxy Statement. None of the information supplied contained or to be supplied by or on behalf of any Parent Party in writing for inclusion or incorporation incorporated by reference in the Proxy Statement (including any amendments except to the extent amended or supplements thereto) willsupplemented by the Company, at in which case this Section 5.9 shall apply to such information as so amended or supplemented), as of the time the Proxy Statement (or any amendment or supplement thereto) date it is first sent or given mailed to the stockholders of the Company or Company, and at the time of the Stockholder Company Stockholders’ Meeting, will contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they are made, not misleading. Notwithstanding The Proxy Statement will comply as to form in all material respects with the foregoing, no Parent Party makes any Exchange Act. No representation or warranty is made by the Company as to the accuracy of any financial projections or forward-looking statements, or with respect to statements made or incorporated by reference therein in the Proxy Statement based on information supplied by or on behalf of to the Company in writing by Parent, Merger Sub or any Affiliates thereof of their respective Representatives specifically for inclusion or incorporation by reference in the Proxy Statement.

Information in Proxy Statement. None of the information supplied or to be supplied by or on behalf of any Parent Party in writing the Company for inclusion or incorporation by reference in the Proxy Statement to be filed with the SEC (including any amendments or supplements thereto) the "PROXY STATEMENT"), will, at the time the Proxy Statement (or any amendment or supplement thereto) is first sent or given mailed to the stockholders of the Company or Company, at the time of the Stockholder MeetingCompany Stockholders' Meeting or as of the Effective Time, contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they are made, not misleading. The Proxy Statement will comply as to form in all material respects with the provisions of the Exchange Act and the rules and regulations promulgated by the SEC thereunder. Notwithstanding the foregoing, no Parent Party makes any representation or warranty is made by the Company with respect to statements made or incorporated by reference therein based on information about Parent or Merger Sub supplied by Parent or on behalf of the Company or any Affiliates thereof Merger Sub for inclusion or incorporation by reference in the Proxy Statement.