Common use of Tender Offer Documents Clause in Contracts

Tender Offer Documents. Neither the Schedule TO nor the Offer Documents (as such terms are defined in the Merger Agreement), at the respective times the Schedule TO, the Offer Documents or any amendments or supplements thereto were filed with the Securities and Exchange Commission or were first published, sent or given to stockholders of Bairnco, as the case may be, contained any untrue statement of a material fact or omitted to state any material fact required to be stated therein or necessary in order to make the statements made therein, in the light of the circumstances under which they are made, not misleading. The Schedule TO complies as to form in all material respects with the requirements of the Securities Exchange Act of 1934, as amended, and the rules and regulations thereunder. Notwithstanding the foregoing, the Seller make no representation or warranty with respect to any information supplied by or on behalf of Bairnco which is contained in any of the foregoing documents.