material fact has the meaning ascribed thereto in the Securities Act;
Material Facts shall have the meaning set forth in Section 2.3.6(a).
Misstatement means an untrue statement of a material fact or an omission to state a material fact required to be stated in a Registration Statement or Prospectus, or necessary to make the statements in a Registration Statement or Prospectus (in the light of the circumstances under which they were made) not misleading.
Omission is the failure to submit part or all of the information or documentation required in the tendering document.
Disclosure Information As defined in the Pooling and Servicing Agreement.
Covered Disclosure Information shall have the meaning set forth in Section 9.2(b) hereof.
Recklessly means that a person acts or fails to act with respect to a material element of a public offense, when the person is aware of and consciously disregards a substantial and unjustifiable risk that the material element exists or will result from the act or omission. The risk must be of such a nature and degree that disregard of the risk constitutes a gross deviation from the standard conduct that a reasonable person would observe in the situation.
Industrial facility means any nongovernmental or non- residential facility that is used for activities such as agriculture, forestry, fishing, mining, manufacturing, transportation, commu- nications, or providing services including electric, gas, and sani- tary services.
Intentional Wrongdoing means an act or omission taken or omitted by a Party with knowledge or intent that injury or damage could reasonably be expected to result.
Misrepresentation has the meaning ascribed thereto in the Securities Act;
Trustee Information As specified in Section 12.05(a)(i)(A).
Servicer Information As defined in Section 11.07(a).
Special Fare means any fare other than a Normal Fare.
Statement means a statement submitted by the Contractor as part of an application, under Clause 14 [Contract Price and Payment], for a payment certificate.
untrue statement shall include any untrue statement or alleged untrue statement, or any omission or alleged omission to state in the Registration Statement a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.
Form 8-K Disclosure Information As defined in Section 11.07.
Investigative consumer report means a consumer report or portion thereof in which information about a natural person's character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with the person's neighbors, friends, associates, acquaintances, or others who may have knowledge concerning such items of information.
Seller Information As defined in Subsection 34.04(a).
Potential Failure to Pay means the failure by a Reference Entity to make, when and where due, any payments in an aggregate amount of not less than the Payment Requirement under one or more Obligations, without regard to any grace period or any conditions precedent to the commencement of any grace period applicable to such Obligations, in accordance with the terms of such Obligations at the time of such failure.
Health care information means any information, whether oral or recorded in any form or medium that identi- fies or can readily be associated with the identity of, and relates to the health care of, a patient or client.
Limited Use Issuer Free Writing Prospectus means any Issuer Free Writing Prospectus that is not a General Use Issuer Free Writing Prospectus.
Blue Sky Application As defined in Section 6(a)(i) hereof.
any Prospectus means, as the context requires, the Preliminary Prospectus, the Final Prospectus, and any supplement to either thereof. The Company has not received any notice that the Commission has issued or intends to issue a stop order suspending the effectiveness of the Registration Statement or the use of the Preliminary Prospectus or any prospectus supplement or intends to commence a proceeding for any such purpose.
Representation means any representation as to fact or law, including a representation as to the state of mind of—
Statement of Additional Information means, respectively, the form of prospectus and statement of additional information with respect to the Fund filed by the Investment Company as part of the Registration Statement, or as they may be amended or supplemented from time to time.
Preliminary Prospectus means any preliminary prospectus referred to in paragraph 1(a) above and any preliminary prospectus included in the Registration Statement at the Effective Date that omits Rule 430A Information.