Disclosure; Information Supplied. No representation or warranty made by SCO in this Agreement, nor any final financial statement, certificate or exhibit prepared and furnished or to be prepared and furnished by it, or its representatives pursuant hereto or in connection with the transactions contemplated hereby, contains any untrue statement of a material fact, or omits to state a material fact necessary to make the statements or facts contained herein or therein, taken as a whole, not misleading in light of the circumstances under which they were furnished. None of the information supplied or to be supplied by SCO for inclusion or incorporation by reference in the Form S-4 and Prospectus/Proxy Statement will, at the time the information is supplied contain, after giving effect to any supplement or amendment thereto, any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein in light of the circumstances under which they are made, not materially misleading.
Disclosure; Information Supplied. No representation or warranty -------------------------------- made by VERITAS in this Agreement, nor any financial statement, certificate or exhibit prepared and furnished or to be prepared and furnished by VERITAS or their respective representatives pursuant hereto or in connection with the transactions contemplated hereby, or in any VERITAS SEC Document filed by it, when taken together, contains any untrue statement of a material fact, or omits to state a material fact necessary to make the statements or facts contained herein or therein, taken as a whole not misleading in light of the circumstances under which they were furnished. None of the information supplied or to be supplied by VERITAS for inclusion or incorporation by reference in the Form S-4 and Prospectus/Proxy Statement will, at the time the information is supplied contain, after giving effect to any supplement or amendment thereto, no untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they are made, not materially misleading. The Prospectus/Proxy Statement will in all material respects comply as to form with the provisions of the Exchange Act and the rules and regulations promulgated by the SEC thereunder.
Disclosure; Information Supplied. No representation or warranty contained in this Agreement, and no statement contained in any document, certificate or schedule furnished or to be furnished to Parent and Buyer or any of its representatives pursuant to this Agreement, contains any untrue statement of a material fact, or omits or will omit to state any material fact required to be stated therein or necessary in order to make the statements herein or therein, in light of the circumstances under which it was or will be made, not misleading.
Disclosure; Information Supplied. No representation or warranty made by Caldera in this Agreement, nor any financial statement, certificate or exhibit prepared and furnished or to be prepared and furnished by Caldera or its respective representatives pursuant hereto or in connection with the transactions contemplated hereby, when taken together, contains any untrue statement of a material fact, or omits to state a material fact necessary to make the statements or facts contained herein or therein, taken as a whole not misleading in light of the circumstances under which they were furnished. None of the information supplied or to be
Disclosure; Information Supplied. No representation or warranty of the Seller contained in this Agreement, and no statement contained in any document, certificate or schedule furnished by the Seller to the Buyer or any of its representatives pursuant to this Agreement, contains any untrue statement of a material fact, or omits to state any material fact required to be stated therein or necessary, in light of the circumstances under which it was made, to make the statements herein or therein not misleading or necessary to fully and fairly provide the information required to be provided in any such document, certificate or schedule.
Disclosure; Information Supplied. None of the information -------------------------------- supplied or to be supplied by the Seller to the Purchaser contained or will contain, at the date delivered, any untrue statement of material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. No representation or warranty by the Seller in this Agreement and no statement contained in any document (including financial statements and the attached disclosure schedules), certificate, or other writing furnished or to be furnished by the Seller to the Purchaser pursuant to the provisions hereof or in connection with the transactions contemplated by this Agreement, contains or will contain any untrue statement of material fact or omits or will omit to state any material fact necessary, in light of the circumstances under which it was made, in order to make the statements herein or therein not misleading. None of the information supplied by the Seller or any Acquired Company for inclusion or incorporation by reference in any Disclosure Document, if any, will, at the date it is first mailed to the stockholders of the Seller or at the time of any related stockholders meeting (as supplemented if necessary), 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 Disclosure Document, if any, will comply as to form in all material respects with the requirements of the Exchange Act, except that no representation or warranty is made by the Seller with respect to statements made or incorporated by reference therein based on information supplied in writing by the Purchaser specifically for inclusion or incorporation by reference in such Disclosure Document.
Disclosure; Information Supplied. None of the information -------------------------------- supplied or to be supplied by the Purchaser to the Seller contained or will contain, at the date delivered, any untrue statement of material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. No representation or warranty by the Purchaser in this Agreement and no statement contained in any document, certificate, or other writing furnished or to be furnished by the Purchaser to the Seller pursuant to the provisions hereof or in connection with the transactions contemplated by this Agreement, contains or will contain any untrue statement of material fact or omits or will omit to state any material fact necessary, in light of the circumstances under which it was made, in order to make the statements herein or therein not misleading. None of the information supplied by the Purchaser for inclusion or incorporation by reference in any Disclosure Document, if any, will, at the date it is first mailed to the stockholders of the Seller or at the time of any related stockholders meeting (as supplemented if necessary) 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.
Disclosure; Information Supplied. The Company has not knowingly failed to disclose to the Investor in writing any fact that has a Material Adverse Effect. No representation or warranty of the Company contained in this Agreement, and no statement contained in any document, certificate or schedule furnished by the Company to the Investor or any of its representatives pursuant to this Agreement, contains any untrue statement of a material fact, or omits to state any material fact required to be stated therein or necessary, in light of the circumstances under which it was made, to make the statements herein or therein not misleading or necessary to fully and fairly provide the information required to be provided in any such document, certificate or schedule.
Disclosure; Information Supplied. The Company has not failed to disclose to Parent in writing any fact that could reasonably be expected to adversely affect in any material respect the Company or its businesses, properties, assets, liabilities, earnings, capitalization, members’ equity, operations, condition (financial or otherwise), licenses, franchises or prospects. No representation or warranty contained in this Agreement, and no statement contained in any document, certificate or schedule furnished or to be furnished to Parent or any of its representatives pursuant to this Agreement, contains or will contain any untrue statement of a material fact, or omits or will omit to state any material fact required to be stated therein or necessary in order to make the statements herein or therein, in light of the circumstances under which it was or will be made, not misleading or necessary in order to fully and fairly provide the information required to be provided in any such document, certificate or schedule. The projections delivered to Parent by or on behalf of the Company were prepared in good faith based upon assumptions that were reasonable at the time made.
Disclosure; Information Supplied. (a) None of (i) this Merger Agreement or any certificate (including, but not limited to, the certification regarding Company’s inventory of SCI Documents contained in a letter from Company to Parent, dated December 17, 2002) furnished or to be furnished by Company pursuant to this Merger Agreement or in connection with the transactions contemplated hereby, or (ii) to the knowledge of Company, any written statement, report or other document furnished or to be furnished by Company pursuant to this Merger Agreement or in connection with the transactions contemplated hereby, contains, or will contain, any statement which is false or misleading with respect to any material fact or omits to state a material fact necessary to make the statements herein or therein, in light of the circumstances in which they were made, not false or misleading. There is no fact known to Company which has not been disclosed to Parent in the Company Disclosure Schedule that would reasonably be expected to have a Company Material Adverse Effect.
