Common use of Material Misrepresentations Clause in Contracts

Material Misrepresentations. You agree not to make any untrue statement of a material fact or omit to state any material fact necessary to be stated, to make statements made by you, in light of the circumstances under which they were made, not misleading; except that BOFL acknowledges that you make no representation, warranty, or covenant with respect to statements or omissions made in reliance upon and in conformity with information in the Registration Statement or Prospectus, as amended or supplemented from time to time (excluding information regarding the Placement Agent furnished to BOFL in writing by the Placement Agent expressly for use in the Prospectus, provided the only information furnished to BOFL by the Placement Agent is set forth in the section of the Prospectus entitled “The Offerings and Plan of Distribution – Plan of Distribution”) or furnished by BOFL or any affiliate, representative, or agent of BOFL (excluding the Placement Agent).