Common use of Information Package Clause in Contracts

Information Package. In the case of the Company, Smurfit Kappa Funding and the Parent only (and given only as at the date the Information Package (or part thereof) is delivered to the Arrangers and as at the Syndication Date): (a) to the best of each of the Parent’s, the Company’s and Smurfit Kappa Funding’s knowledge, the material factual information contained in the Information Package (when taken as a whole) was true and accurate in all material respects as at its date or (if appropriate) as at the date (if any) at which it is stated to be given; (b) to the best of each of the Parent’s, the Company’s and Smurfit Kappa Funding’s knowledge, all expressions of opinion or intention made by the Parent, Smurfit Kappa Funding or the Company contained in the Information Package were made after careful consideration and were believed by the Parent, Smurfit Kappa Funding and the Company to be reasonable as at the date at which they are stated to be given; (c) the financial projections made by the Parent, Smurfit Kappa Funding or the Company contained in the Information Package have been prepared as at the date of the Information Package on the basis of recent historical information and assumptions which were believed by the Parent, Smurfit Kappa Funding, the Company and by the Chief Executive Officer, the Chief Financial Officer and the Chief Operating Officer to be reasonable at that date; (d) to the best of each of the Parent’s, the Company’s and Smurfit Kappa Funding’s knowledge, the Information Package did not omit as at its date any information the omission of which would make the Information Package untrue or misleading in any material respect; and (e) (as at the Syndication Date) to the best of each of the Parent’s, the Company’s and Smurfit Kappa Funding’s knowledge, nothing has occurred since the date of the Information Package which has not been fairly disclosed in writing to the Facility Agent and which, if disclosed, would result in the factual information or financial projections contained in the Information Package being untrue or misleading in any material respect.

Information Package. In the case of the Company, Smurfit Kappa JSG Funding and the Parent only (and given only as at the date the Information Package (or part thereof) is delivered to the Arrangers and as at the Syndication Date): (a) to the best of each of the Parent’s, the Company’s and Smurfit Kappa JSG Funding’s knowledge, the material factual information contained in the Information Package (when taken as a whole) was true and accurate in all material respects as at its date or (if appropriate) as at the date (if any) at which it is stated to be given; (b) to the best of each of the Parent’s, the Company’s and Smurfit Kappa JSG Funding’s knowledge, all expressions of opinion or intention made by the Parent, Smurfit Kappa JSG Funding or the Company contained in the Information Package were made after careful consideration and were believed by the Parent, Smurfit Kappa JSG Funding and the Company to be reasonable as at the date at which they are stated to be given; (c) the financial projections made by the Parent, Smurfit Kappa JSG Funding or the Company contained in the Information Package have been prepared as at the date of the Information Package on the basis of recent historical information and assumptions which were believed by the Parent, Smurfit Kappa JSG Funding, the Company and by the Chief Executive Officer, the Chief Financial Officer and the Chief Operating Officer to be reasonable at that date; (d) to the best of each of the Parent’s, the Company’s and Smurfit Kappa JSG Funding’s knowledge, the Information Package did not omit as at its date any information the omission of which would make the Information Package untrue or misleading in any material respect; and (e) (as at the Syndication Date) to the best of each of the Parent’s, the Company’s and Smurfit Kappa JSG Funding’s knowledge, nothing has occurred since the date of the Information Package which has not been fairly disclosed in writing to the Facility Agent and which, if disclosed, would result in the factual information or financial projections contained in the Information Package being untrue or misleading in any material respect.

Information Package. In the case (a) So far as UK Newco is aware (having delivered a copy of the Company, Smurfit Kappa Funding and the Parent only (and given only as at the date the Information Package (or part thereofto Senior Management and thereafter having made enquiry of and consulted with Senior Management) is delivered all statements of fact relating to the Arrangers assets, financial condition and as at the Syndication Date): (a) to the best of each operations of the Parent’s, the Company’s and Smurfit Kappa Funding’s knowledge, the material factual information Target Business contained in the Information Package (when taken as a whole) was true and whole are accurate in all material respects as at its date or (if appropriate) as at the date (if any) at which it is stated to be given;such statements were made. (b) The projections, forecasts and opinions attributed to the best UK Newco and/or management of each of the Parent’s, the Company’s and Smurfit Kappa Funding’s knowledge, all expressions of opinion or intention made by the Parent, Smurfit Kappa Funding or the Company UK Newco contained in the Information Package were made after careful consideration based upon (in relation to the projections and were believed by forecasts) assumptions and (in relation to the Parentopinions) grounds, Smurfit Kappa Funding in each case, which UK Newco carefully considered and the Company considered to be fair and reasonable as at the date at which they are stated time of being made (having delivered a copy of the Information Package to be given;Senior Management and thereafter having made enquiry of and consulted with Senior Management). In particular, with respect to the Business Plan, the accounting principles and information set out therein were, in so far as UK Newco is aware, produced upon a basis consistent with the Accounting Principles. (c) the financial projections made by the Parent, Smurfit Kappa Funding or the Company contained in the Information Package have been prepared as at the date of the Information Package on the basis of recent historical information and assumptions which were believed by the Parent, Smurfit Kappa Funding, the Company and by the Chief Executive Officer, the Chief Financial Officer and the Chief Operating Officer to be reasonable at that date; (d) to the best of each of the Parent’s, the Company’s and Smurfit Kappa Funding’s knowledge, the The Information Package did not omit as to disclose or take into account any matter known to UK Newco at its the date any information the omission of which would make issuance thereof (having delivered a copy of the Information Package untrue to Senior Management and thereafter having made enquiry of and consulted with Senior Management) where failure to disclose or take into account such matter would result in the Information Package, or the information contained therein, when taken as a whole being misleading in any material respect; andrespect in the context of the Transaction taken as a whole. (ed) (as at the Syndication Date) Subject to the best of each of the Parent’s, the Company’s and Smurfit Kappa Funding’s knowledgeInformation Package Disclosure Letter, nothing has occurred or come to light since the date as at which the Information Package was prepared which, insofar as UK Newco is aware (having delivered a copy of the Information Package to Senior Management and thereafter having made enquiry of and consulted with Senior Management) renders the Information Package, or the information or projections contained therein, taken as a whole materially inaccurate or misleading or which has not been fairly disclosed makes any of the assumptions (in writing relation to the Facility Agent projections and whichforecasts) and grounds (in relation to the opinions) in each case, if disclosed, would result contained therein and taken as a whole materially unfair or unreasonable in the factual information or financial projections contained in context of the Information Package being untrue or misleading in any material respectTransaction taken as a whole.