Common use of Proxy Statement/Information Statement Clause in Contracts

Proxy Statement/Information Statement. (a) None of the information supplied or to be supplied by the Company for inclusion in the Proxy Statement (as defined hereafter) (and any amendments thereof or supplements thereto), if any, will, with respect to information relating to the Company, at the time of the mailing of the Proxy Statement to the stockholders of the Company and at the time of the Special Meeting (as defined hereafter), 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 Proxy Statement will, with respect to information relating to the Company, comply as to form in all material respects with the provisions of the Exchange Act and the rules and regulations promulgated thereunder, except that no representation is made in this Section 3.20(a) by the Company with respect to the statements made in the Proxy Statement relating to the Parent or the Purchaser or their affiliates or based on information supplied by the Parent or the Purchaser for inclusion in the Proxy Statement. (b) None of the information supplied or to be supplied by the Company for inclusion in the Information Statement (as defined hereafter) (and any amendments thereof or supplements thereto), if any, will, with respect to information relating to the Company, at the time of the mailing of the Information Statement to the stockholders of the Company, 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 Statement will, with respect to information relating to the Company, comply as to form in all material respects with the provisions of the Exchange Act and the rules and regulations promulgated thereunder, except that no representation is made in this Section 3.20(b) by the Company with respect to the statements made in the Information Statement relating to the Parent or the Purchaser or their affiliates or based on information supplied by the Parent or the Purchaser for inclusion in the Information Statement.

Appears in 2 contracts

Sources: Merger Agreement (Ibp Inc), Merger Agreement (Foodbrands America Inc)

Proxy Statement/Information Statement. (a) None of the information supplied or to be supplied by the Company for inclusion in the Proxy Statement (as defined hereafter) (and any amendments thereof or supplements thereto), if any, will, with respect to information relating to the Company, at the time of the mailing of the Proxy Statement to the stockholders of the Company and at the time of the Special Meeting (as defined hereafter), 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 Proxy Statement will, with respect to information relating to the Company, comply as to form in all material respects with the provisions of the Exchange Act and the rules and regulations promulgated thereunder, except that no representation is made in this Section 3.20(a) by the Company with respect to the statements state- ments made in the Proxy Statement relating to the Parent or the Purchaser or their affiliates or based on information supplied by the Parent or the Purchaser for inclusion in the Proxy Statement. (b) None of the information supplied or to be supplied by the Company for inclusion in the Information Statement (as defined hereafter) (and any amendments thereof or supplements thereto), if any, will, with respect to information relating to the Company, at the time of the mailing of the Information Statement to the stockholders of the Company, 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 Statement will, with respect to information relating to the Company, comply as to form in all material respects with the provisions of the Exchange Act and the rules and regulations promulgated thereunder, except that no representation is made in this Section 3.20(b) by the Company with respect to the statements made in the Information Statement relating to the Parent or the Purchaser or their affiliates or based on information supplied by the Parent or the Purchaser for inclusion in the Information Statement.

Appears in 1 contract

Sources: Merger Agreement (Joseph Littlejohn & Levy Fund Ii Lp)