No Material Nonpublic Information. The Company hereby agrees and acknowledges that the transactions contemplated by this Waiver do not constitute material, nonpublic information of the Company or any of its Subsidiaries, the Company represents to the Holder that it has publicly disclosed all material, non-public information delivered to the Holder by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents on or prior to the date hereof and that the Holder shall not be in possession of any material, nonpublic information received from the Company, any of its Subsidiaries or any of their respective officers, directors, employees, affiliates or agents, that is not disclosed in the Offering Registration Statement. The Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates, employees or agents on the one hand, and the Holder or any of its affiliates on the other hand, has terminated. The Company shall not, and shall cause each of its Subsidiaries and its and each of their respective officers, directors, affiliates, employees and agents, not to, provide any Holder with any material, nonpublic information regarding the Company or any of its Subsidiaries from and after the date hereof without the express prior written consent of the Holder. To the extent that the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates employees or agents delivers any material, non-public information to any Holder without the Holder’s consent, the Company hereby covenants and agrees that the Holder shall not have any duty of confidentiality to the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates, employees or agents with respect to, or a duty to the Company, any of its Subsidiaries or any of their respective officers, directors, affiliates, employees or agents not to trade on the basis of, such material, non-public information. The Company understands and confirms that the Holder will rely on the foregoing representations in effecting transactions in securities of the Company.
No Material Nonpublic Information. As of the date of this Agreement, Buyer is not aware of any material nonpublic information about Buyer or its securities.
No Material Nonpublic Information. As of the date of this Agreement and as of the date of the Closing (if different from the date of this Agreement), the Purchaser is not in possession of or aware of any material nonpublic information as such term is referred to under Rule 10b5-1 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”) and interpreted under the Securities and Exchange Commission’s rules and regulations (other than the existence and terms of the issuance of Shares, as contemplated by this Agreement).
No Material Nonpublic Information. The Company will not provide any Purchaser with material nonpublic information, at any time while such Purchaser holds any Note or Warrant, without the prior written consent of such Purchaser.
No Material Nonpublic Information. It is not entering into this Amendment and the transactions contemplated hereby or taking any action hereunder or in connection herewith “on the basis of” (as defined in Rule 10b5-1(b) under the Securities Exchange Act of 1934, as amended), and neither Cactus II nor any of Cactus II’s affiliates is aware of, any material nonpublic information concerning the Assets or the business, operations or prospects of Swift. “Material” information for these purposes is any information to which an investor would reasonably attach importance in reaching a decision to buy, sell or hold securities of Swift.
No Material Nonpublic Information. Neither the Borrower nor the General Partner is in possession of any Material Nonpublic Information with respect to the Issuer, its subsidiaries or any of their securities.
No Material Nonpublic Information. The Company hereby agrees and acknowledges that the transactions contemplated by this Waiver do not constitute material, nonpublic information of the Company or any of its Subsidiaries, and that from and after the filing with the SEC of Amendment No. 1 to the Offering Registration Statement, the Company represents to the Holder that it shall have publicly disclosed all material, non-public information delivered to the Holder by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents on or prior to the date hereof and that the Holder shall not be in possession of any material, nonpublic information received from the Company, any of its Subsidiaries or any of their respective officers, directors, employees, affiliates or agents, that is not disclosed in Amendment No. 1
No Material Nonpublic Information. At the time of the announcement of the transaction contemplated by the Agreements, the Private Placement Memorandum, as supplemented, will include no material nonpublic information with respect to the Company.
No Material Nonpublic Information. During the last month of the Initial Term and thereafter, the Company shall not provide Pasadena with any material nonpublic information.
No Material Nonpublic Information. Cityscape has not disclosed to the Investors any material nonpublic information relating to Cityscape or its subsidiaries in connection with the negotiation and execution of this Agreement.
