Common use of Information Supplied by the Company Clause in Contracts

Information Supplied by the Company. The Company covenants and agrees that none of the Schedule 14D-9, the Schedule 13E-3 and any information supplied by or on behalf of the Company for inclusion or incorporation by reference in the Offer Documents shall, at the date it is first filed with the SEC or at the Acceptance Time or at the time of any amendment or supplement thereof, 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 are made, not misleading, and each of the Schedule 14D-9 and the Schedule 13E-3 will comply as to form in all material respects with the requirements of the Exchange Act; provided that no representation or warranty is made by the Company with respect to statements made or incorporated by reference in the Schedule 14D-9 or the Schedule 13E-3 to the extent based on information supplied by or on behalf of Parent, AcquisitionCo or Merger Sub in connection with the preparation of the Schedule 14D-9 or the Schedule 13E-3 for inclusion or incorporation by reference therein.

Information Supplied by the Company. The Company covenants and agrees that none of the Schedule 14D-9, the Schedule 13E-3 14D-9 and any information supplied by or on behalf of the Company or any Affiliate of the Company for inclusion or incorporation by reference in the Offer Documents shall, at the date it is first filed with the SEC or at the Acceptance Time or at the time of any amendment or supplement thereof, 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 are made, not misleading, and each of the Schedule 14D-9 and the Schedule 13E-3 will comply as to form in all material respects with the requirements of the Exchange Act; provided that no representation or warranty is made by the Company with respect to statements made or incorporated by reference in the Schedule 14D-9 or the Schedule 13E-3 therein to the extent based on information supplied by or on behalf of Parent, AcquisitionCo or Merger Sub or any of their Affiliates in connection with the preparation of the Schedule 14D-9 or the Schedule 13E-3 Offer Documents for inclusion or incorporation by reference therein.