Offering Memorandum definition
Examples of Offering Memorandum in a sentence
Since the date of the latest audited financial statements included or incorporated by reference in the Pricing Disclosure Package and the Offering Memorandum, there has been no change in the Company’s internal control over financial reporting that has materially adversely affected or is reasonably likely to materially adversely affect, the Company’s internal control over financial reporting.
Benefits received by the Company and the Guarantors shall be deemed to be equal to the total net proceeds from the offering (before deducting expenses) received by the Company as set forth in the Offering Memorandum, and benefits received by the Purchasers shall be deemed to be equal to the total discounts and commissions, in each case as set forth in this Agreement.
The supporting schedules, if any, included in the Pricing Disclosure Package and the Offering Memorandum present fairly in accordance with GAAP the information required to be stated therein.
The preceding sentence does not apply to statements in or omissions from the Pricing Disclosure Package or the Offering Memorandum based upon and in conformity with written information furnished to the Company by or on behalf of the Purchasers specifically for use therein, it being understood and agreed that the only such information furnished by or on behalf of the Purchasers consists of the information described as such in Section 9(b) hereof.
Neither the Company nor any of its subsidiaries is required, and upon the consummation of the Transactions, including the application of the net proceeds therefrom as described in the Pricing Disclosure Package and the Offering Memorandum, none of them will be required, to register as an “investment company” under the Investment Company Act of 1940, as amended.