Private Placement Memorandum. The PPM, as of the date thereof and as of the dates of any amendment thereof, did not contain an untrue statement of material fact or omit to state a 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.
Private Placement Memorandum. The Underwriters and Initial Purchasers are third-party beneficiaries of the provisions set forth in this Section 4(g).
Private Placement Memorandum. At the date hereof, the Private Placement Memorandum (other than the historical financial statements, including the notes thereto, of the Founding Companies (other than the Company) and the historical information contained therein respecting the Company and the Stockholders, to which this Section 5.10 does not apply) does not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements contained therein not materially misleading in the light of the circumstances under which those statements are made.
Private Placement Memorandum. None of the information supplied or to be supplied by the Company in writing specifically for inclusion in the Private Placement Memorandum contained or, as of the Closing Date, will contain any untrue statement of a material fact concerning the Company or omitted or will omit to state any material fact required to be stated therein or necessary in order to make the statements contained in such information supplied or to be supplied by the Company concerning the Company, in light of the circumstances under which they are made, not misleading.
Private Placement Memorandum. All transactions contemplated by this Agreement are consistent in all material respects with the descriptions thereof, if any, contained in the Private Placement Memorandum and neither of the Borrower and BRC has entered into any agreements which would otherwise prohibit, restrict or limit the transactions contemplated by this Agreement or the Private Placement Memorandum other than agreements as a holder of interests of Belvedere Capital to be bound by the operating agreement of Belvedere Capital, agreements as a holder of shares of common stock of BRC to be bound by the Certificates of Incorporation of BRC, and agreements entered into or made in connection with the acquisition of Qualifying Assets which restrict the transfer of such Qualifying Assets.
Private Placement Memorandum. The Private Placement Memorandum does not contain any untrue statement of material fact or omit to state a material fact necessary to make the statements therein not misleading.
Private Placement Memorandum. A memorandum utilized for the purpose of offering and selling Shares in a Private Placement.
Private Placement Memorandum. (a) The Grantor understands and acknowledges that the Private Placement Memorandum, including, but not limited to, the descriptions of the various transactions relating to the formation and business of the Company and the Operating Partnership set forth in the Private Placement Memorandum, are in draft form only, and such transactions are subject to change without the consent of the Grantor.
Private Placement Memorandum. Each credit report, private placement memorandum or information circular to be used by BAFC in connection with the offer or sale of the Commercial Paper shall, only insofar as the same shall describe the Administrative Agent or the obligations of the Administrative Agent hereunder, have been approved in writing by the Administrative Agent or, only insofar as the same shall describe any Liquidity Bank or the obligations of any Liquidity Bank hereunder, the Administrative Agent shall obtain the prior written approval of such Liquidity Bank.
Private Placement Memorandum. Prior to the date hereof, each Credit Party has delivered to Administrative Agent a true and correct copy of such Credit Party’s private placement memoranda, together with the supplements thereto, which remain in full force and effect (subject to Section 9.4).
