Common use of Information in the Offer Documents Clause in Contracts

Information in the Offer Documents. and the Schedule 14D-9. The information supplied by the Company expressly for inclusion or incorporation by reference in the Offer Documents or the Schedule 14D-9, including any amendments thereof and supplements thereto, 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 order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. The Schedule 14D-9, including any amendments thereof and supplements thereto, will comply in all material respects with the requirements of applicable Laws and, on the date filed with the SEC and on the date first published or sent or given to the Company’s stockholders, 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 order to make the statements made therein, in the light of the circumstances under which they were made, not misleading, except that the Company makes no representation or warranty with respect to statements made in the Schedule 14D-9, including any amendments thereof and supplements thereto, based on information furnished by Parent or Sub expressly for inclusion therein. The Company has obtained all necessary consents to permit the inclusion in its entirety, and a fair summary of the analysis underlying, the fairness opinion of Xxxxxx, Xxxxxxxx & Company, Incorporated in the Schedule 14D-9, including any amendments thereof and supplements thereto.

Information in the Offer Documents. and the Schedule 14D-9. The information supplied by the Company expressly for inclusion or incorporation by reference in the Offer Documents (and any amendment thereof or supplement thereto) will not, when filed with the Schedule 14D-9SEC, including any amendments thereof when distributed or disseminated to the Company’s stockholders, and supplements theretoat the Expiration Date, 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 order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. The Schedule 14D-9, including any amendments thereof and supplements thereto, 14D-9 will comply as to form in all material respects with the requirements provisions of Rule 14d-9 of the Exchange Act and any other applicable Laws andfederal securities laws and will not, on the date when filed with the SEC and on the date first published SEC, when distributed or sent or given disseminated to the Company’s stockholders, will not and at the Expiration Date, 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 the light of the circumstances under which they were made, not misleading, except that the Company makes no representation or warranty with respect to statements made in the Schedule 14D-9, including any amendments thereof and supplements thereto, 14D-9 based on information furnished by Parent or Sub the Purchaser in writing expressly for inclusion therein. The Company has obtained all necessary consents to permit the inclusion in its entirety, and a fair summary of the analysis underlying, the fairness opinion of Xxxxxx, Xxxxxxxx & Company, Incorporated in the Schedule 14D-9, including any amendments thereof and supplements thereto.

Information in the Offer Documents. and the Schedule 14D-9. The information supplied by the Company expressly for inclusion or incorporation by reference in the Offer Documents (and any amendment thereof) will not, when filed with the SEC or when first distributed or disseminated to the Schedule 14D-9, including any amendments thereof and supplements thereto, will not Company’s stockholders 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 the light of the circumstances under which they were made, not misleading. The Schedule 14D-9, including any amendments thereof and supplements thereto, 14D-9 will comply as to form in all material respects with the requirements provisions of Rule 14d-9 of the Exchange Act and any other applicable Laws andfederal securities laws and will not, on the date when filed with the SEC and on the date or when first published distributed or sent or given disseminated to the Company’s stockholders, will not stockholders 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 the light of the circumstances under which they were made, not misleading, except that the Company makes no representation or warranty with respect to statements made in the Schedule 14D-9, including any amendments thereof and supplements thereto, 14D-9 based on information furnished by Parent or Sub the Purchaser in writing expressly for inclusion therein. The Company has obtained all necessary consents to permit the inclusion in its entirety, and a fair summary of the analysis underlying, the fairness opinion of Xxxxxx, Xxxxxxxx & Company, Incorporated in the Schedule 14D-9, including any amendments thereof and supplements thereto.

Information in the Offer Documents. and the Schedule 14D-9. The information supplied by the Company expressly for inclusion or incorporation by reference in the Offer Documents or the Schedule 14D-9, including any amendments thereof and supplements thereto, 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 order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. The Schedule 14D-9, including any amendments thereof and supplements thereto, 14D-9 will comply as to form in all material respects with the requirements provisions of Rule 14d-9 of the Exchange Act and any other applicable Federal securities Laws and, on the date and will not when filed with the SEC and on the date first published or sent distributed or given disseminated to the Company’s stockholders, will not stockholders 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 the light of the circumstances under which they were made, not misleading, except that the Company makes no representation or warranty with respect to statements made in Schedule 14D-9 based on the information furnished by or on behalf of Parent or Merger Sub for inclusion therein; and provided that, if the Company amends the Schedule 14D-9, including any amendments thereof and supplements thereto, based on information furnished by Parent or Sub expressly for inclusion therein. The Company has obtained all necessary consents to permit the inclusion in its entirety, and a fair summary fact of the analysis underlyingfiling of such amendment shall not, the fairness opinion in and of Xxxxxxitself, Xxxxxxxx & Company, Incorporated be deemed to mean or imply that any representation or warranty in the Schedule 14D-9, including any amendments thereof and supplements theretothis Agreement was not true when made or became untrue thereafter.

Information in the Offer Documents. and the Schedule 14D-9. The information supplied by the Company expressly for inclusion or incorporation by reference in the Offer Documents (and any amendment thereof or supplement thereto) shall not, when filed with the Schedule 14D-9SEC, including any amendments thereof when first published, distributed or disseminated to the Company’s stockholders and supplements theretoat the Expiration Date, 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 order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. The Schedule 14D-9, including 14D-9 (and any amendments amendment thereof and supplements or supplement thereto, ) will comply as to form in all material respects with the requirements provisions of Rule 14d-9 of the Exchange Act and any other applicable federal securities Laws andand shall not, on the date when filed with the SEC and on the date SEC, when first published published, distributed or sent or given disseminated to the Company’s stockholdersstockholders and at the Expiration Date, 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 order to make the statements made therein, in the light of the circumstances under which they were made, not misleading, except that the Company makes no representation or warranty with respect to statements made in the Schedule 14D-9, including any amendments thereof and supplements thereto, 14D-9 based on information furnished by Parent or Sub the Purchaser in writing expressly for inclusion therein. The Company has obtained all necessary consents to permit the inclusion in its entirety, and a fair summary of the analysis underlying, the fairness opinion of Xxxxxx, Xxxxxxxx & Company, Incorporated in the Schedule 14D-9, including any amendments thereof and supplements thereto.

Information in the Offer Documents. and the Schedule 14D-9. The information supplied by the Company in writing expressly for inclusion or incorporation by reference in the Offer Documents shall not, when filed with the SEC, at any time such documents are amended or supplemented, and when first published, distributed or disseminated to the Schedule 14D-9holders of Shares and at the Expiration Date, including any amendments thereof and supplements thereto, 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 order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. The Schedule 14D-9, including any amendments thereof and supplements thereto, 14D-9 will comply as to form in all material respects with the requirements provisions of Rule 14d-9 of the Exchange Act and any other applicable federal securities Laws andand shall not, on the date when filed with the SEC SEC, at any time such document is amended or supplemented, and on the date when first published published, distributed or sent or given disseminated to the Company’s stockholdersholders of Shares and at the Expiration Date, 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 order to make the statements made therein, in the light of the circumstances under which they were made, not misleading, except that the Company makes no representation or warranty with respect to statements made in the Schedule 14D-9, including any amendments thereof and supplements thereto, 14D-9 based on information furnished by Parent or Sub Purchaser or any of their Representatives in writing expressly for inclusion therein. The Company has obtained all necessary consents to permit the inclusion in its entirety, and a fair summary of the analysis underlying, the fairness opinion of Xxxxxx, Xxxxxxxx & Company, Incorporated in the Schedule 14D-9, including any amendments thereof and supplements thereto.

Information in the Offer Documents. and the Schedule 14D-9. The information supplied by the Company expressly for inclusion or incorporation by reference in the Offer Documents or the Schedule 14D-9, including any amendments thereof and supplements thereto, 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 order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. The Schedule 14D-9, including any amendments thereof and supplements thereto, 14D-9 will comply as to form in all material respects with the requirements provisions of Rule 14d-9 of the Exchange Act and any other applicable federal securities Laws and, on the date and will not when filed with the SEC and on the date first published or sent distributed or given disseminated to the Company’s stockholders, will not stockholders 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 the light of the circumstances under which they were made, not misleading, except that the Company makes no representation or warranty with respect to statements made in Schedule 14D-9 based on the information furnished by or on behalf of Parent or Merger Sub for inclusion therein; and provided that, if the Company amends the Schedule 14D-9, including any amendments thereof and supplements thereto, based on information furnished by Parent or Sub expressly for inclusion therein. The Company has obtained all necessary consents to permit the inclusion in its entirety, and a fair summary fact of the analysis underlyingfiling of such amendment shall not, the fairness opinion in and of Xxxxxxitself, Xxxxxxxx & Company, Incorporated be deemed to mean or imply that any representation or warranty in the Schedule 14D-9, including any amendments thereof and supplements theretothis Agreement was not true when made or became untrue thereafter.

Information in the Offer Documents. and the Schedule 14D-9. The Offer Documents shall not, when filed with the SEC, at any time such documents are amended or supplemented, and when first published, distributed or disseminated to the stockholders of the Company, 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, except that no representation or warranty is made by Parent or Purchaser with respect to statements made in the Offer Documents based on information furnished by the Company or its Representatives. The Offer Documents will comply as to form in all material respects with the provisions of the Exchange Act and any other applicable federal securities Laws. The information supplied by the Company Parent or Purchaser in writing expressly for inclusion or incorporation by reference in the Offer Documents Schedule 14D-9 shall not, when filed with the SEC, at any time such document is amended or supplemented, and when first published, distributed or disseminated to the Schedule 14D-9holders of Shares, including any amendments thereof and supplements thereto, 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 order to make the statements made therein, in the light of the circumstances under which they were are made, not misleading. The Schedule 14D-9, including any amendments thereof and supplements thereto, will comply in all material respects with the requirements of applicable Laws and, on the date filed with the SEC and on the date first published or sent or given to the Company’s stockholders, 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 order to make the statements made therein, in the light of the circumstances under which they were made, not misleading, except that the Company makes no representation or warranty with respect to statements made in the Schedule 14D-9, including any amendments thereof and supplements thereto, based on information furnished by Parent or Sub expressly for inclusion therein. The Company has obtained all necessary consents to permit the inclusion in its entirety, and a fair summary of the analysis underlying, the fairness opinion of Xxxxxx, Xxxxxxxx & Company, Incorporated in the Schedule 14D-9, including any amendments thereof and supplements thereto.

Information in the Offer Documents. and the Schedule 14D-9. The information supplied by the Company expressly for inclusion or incorporation by reference in the Offer Documents (and any amendment thereof or supplement thereto) shall not, when filed with the Schedule 14D-9SEC, including any amendments thereof when first published, distributed or disseminated to the Company’s shareholders and supplements theretoat the Expiration Date, 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 order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. The Schedule 14D-9, including 14D-9 (and any amendments amendment thereof and supplements or supplement thereto, ) will comply as to form in all material respects with the requirements provisions of Rule 14d-9 of the Exchange Act and any other applicable federal securities Laws andand shall not, on the date when filed with the SEC and on the date SEC, when first published published, distributed or sent or given disseminated to the Company’s stockholdersshareholders and at the Expiration Date, 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 order to make the statements made therein, in the light of the circumstances under which they were made, not misleading, except that the Company makes no representation or warranty with respect to statements made in the Schedule 14D-9, including 14D-9 (and any amendments amendment thereof and supplements or supplement thereto, ) based on information furnished by Parent or Sub Purchaser in writing expressly for inclusion therein. The Company has obtained all necessary consents to permit the inclusion in its entirety, and a fair summary of the analysis underlying, the fairness opinion of Xxxxxx, Xxxxxxxx & Company, Incorporated in the Schedule 14D-9, including any amendments thereof and supplements thereto.