Common use of Proxy Statement; Schedule 13E Clause in Contracts

Proxy Statement; Schedule 13E. 3. The information concerning Nybor and its general partner and its respective officers, directors, employees and shareholders supplied by and relating to Nybor for inclusion in the Proxy Statement and the Schedule 13E-3 will not 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. Nybor makes no representation or warranty with respect to any information supplied by the Company or any of its representatives that is contained in the Proxy Statement or in the Schedule 13E-3 except that it has no actual knowledge (without investigation) of a material misstatement or omission in the representations of the Company as set forth in Article IV.