Common use of Permit Application; Information Statement Clause in Contracts

Permit Application; Information Statement. The information ----------------------------------------- supplied by Agile for inclusion in the Permit Application and the Information Statement, will not, on the date of the Fairness Hearing, on the date the Information Statement is first mailed to the Shareholders, or at the Effective Time, contain any statement which, at such time and in light of the circumstances under which it shall be made, is false or misleading with respect to any material fact, or shall omit to state any material fact necessary in order to make the statements made therein not false or misleading, or omit to state any material fact necessary to correct any statement in any earlier communication with respect to the Permit Application or the consent solicitation which has become false or misleading. Notwithstanding the foregoing, Agile makes no representation or warranty with respect to any information supplied by Digital which is contained in any of the foregoing documents.