Information Statement and Consent. The information provided --------------------------------- by Acquiror included in the Information Statement shall not, at the time the Information Statement is mailed to stockholders of Target and at all times subsequent thereto (through and including the Effective 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 therein, in light of the circumstances under which they were made, not misleading. The information provided by Acquiror included in the Consent shall not, on the date the Consent is first mailed to Target's stockholders and at the Effective Time, contain any statement which, at such time, is false or misleading with respect to any material fact, or omit to state any material fact necessary in order to make the statements therein, in light of the circumstances under which it is made, not false or misleading or omit to state any material fact necessary to correct any statement in any earlier communication which has become false or misleading. If at any time prior to the Effective Time any event or information should be discovered by Acquiror which should be set forth in any amendment or supplement to the Consent, Acquiror will promptly inform Target. Notwithstanding the foregoing, the Information Statement or Acquiror makes no representation, warranty or covenant with respect to any information relating to Target which is contained in any of the forgoing documents.
Appears in 1 contract
Information Statement and Consent. The information --------------------------------- provided --------------------------------- by Acquiror Target included in the information statement to be mailed to shareholders of Target in connection with the transactions contemplated hereby (the "Information Statement Statement") shall not, not at the time the Information Statement is mailed to stockholders shareholders of Target and at all times subsequent thereto (through and including the Effective 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 therein, in light of the circumstances under which they were made, not misleading. The information provided by Acquiror related to Target included in any written consent (the Consent "Consent") shall not, on the date the Consent is first mailed to Target's stockholders shareholders, or at the meeting of Target's shareholders to consider the Merger (the "Target Shareholders Meeting") and at the Effective Time, contain any statement which, at such time, is false or misleading with respect to any material fact, fact or omit to state any material fact necessary in order to make the statements made therein, in light of the circumstances under which it is they are made, not false or misleading misleading; or omit to state any material fact necessary to correct any statement in any earlier communication with respect to the Target Shareholders Meeting which has become false or misleading. If If, at any time prior to the Effective Time Time, any event or information should be discovered by Acquiror Target which should be set forth in any an amendment to (x) the Information Statement or supplement to (y) the Consent, Acquiror will Target shall promptly inform TargetAcquiror. Notwithstanding the foregoing, the Information Statement or Acquiror Target makes no representation, warranty or covenant with respect to any information relating to Target furnished by Acquiror which is contained in any of the forgoing foregoing documents.
Appears in 1 contract
Sources: Agreement and Plan of Merger (Metawave Communications Corp)
Information Statement and Consent. The information provided --------------------------------- by Acquiror included in the Information Statement shall not, at the time the Information Statement is mailed to stockholders shareholders of Target and at all times subsequent thereto (through and including the Effective 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 therein, in light of the circumstances under which they were made, not misleading. The information provided by Acquiror included in the Consent shall not, on the date the Consent is first mailed to Target's stockholders shareholders, or at the time of the Target Shareholders Meeting and at the Effective Time, contain any statement which, at such time, is false or misleading with respect to any material fact, or omit to state any material fact necessary in order to make the statements therein, in light of the circumstances under which it is made, not false or misleading or omit to state any material fact necessary to correct any statement in any earlier communication with respect to the Target Shareholders Meeting which has become false or misleading. If at any time prior to the Effective Time any event or information should be discovered by Acquiror which should be set forth in any amendment or supplement to the Consent, Acquiror will promptly inform Target. Notwithstanding the foregoing, the Information Statement or Acquiror makes no representation, warranty or covenant with respect to any information relating to Target which is contained in any of the forgoing documents.
Appears in 1 contract
Sources: Agreement and Plan of Merger (Metawave Communications Corp)
Information Statement and Consent. The information provided --------------------------------- by Acquiror Target included in the information statement to be mailed to stockholders of Target in connection with the transactions contemplated hereby (the "Information Statement Statement") shall not, not at the time the Information Statement is mailed to stockholders of Target and at all times subsequent thereto (through and including the Effective 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 therein, in light of the circumstances under which they were made, not misleading. The information provided by Acquiror related to Target included in any written consent (the Consent "Consent") shall not, on the date the Consent is first mailed to Target's stockholders and at the Effective Time, contain any statement which, at such time, is false or misleading with respect to any material fact, fact or omit to state any material fact necessary in order to make the statements made therein, in light of the circumstances under which it is they are made, not false or misleading misleading; or omit to state any material fact necessary to correct any statement in any earlier communication which has become false or misleading. If If, at any time prior to the Effective Time Time, any event or information should be discovered by Acquiror Target which should be set forth in any an amendment to (x) the Information Statement or supplement to (y) the Consent, Acquiror will Target shall promptly inform TargetAcquiror. Notwithstanding the foregoing, the Information Statement or Acquiror Target makes no representation, warranty or covenant with respect to any information relating to Target furnished by Acquiror which is contained in any of the forgoing foregoing documents.
Appears in 1 contract