Common use of Permit Application; Information Statement Clause in Contracts

Permit Application; Information Statement. The information supplied by Target for inclusion in the application for issuance of the Permit pursuant to which the shares of Acquiror Common Stock to be issued in the Merger and the Target Options to be assumed in the Merger will be qualified under California Law (the "PERMIT APPLICATION") shall not, at the time the Fairness Hearing is held and the time the qualification of such securities is effective under Section 25122 of California Law, 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 supplied by Target for inclusion in the information statement to be sent to the