Common use of 10b-5 Representation Clause in Contracts

10b-5 Representation. The Registration Statement, at the time it became effective, did not contain 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 were made, not misleading. Neither the Sale Preliminary Prospectus, at the Time of Sale, nor the Prospectus (including any amendment thereof or supplement thereto), as of its date and on the Closing Date and any Option Closing Date, contained, contains or will contain 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 were made, not misleading. The representations and warranties made in this Section 2.3.2 do not apply to statements made or statements omitted in reliance upon and in conformity with written information furnished to the Company by the Representative expressly for use in the Registration Statement, the Sale Preliminary Prospectus or the Prospectus or any amendment thereof or supplement thereto, it being understood and agreed that the only such information furnished by the Representative consists of the information described as such in Section 6.2 hereof.

10b-5 Representation. The At the respective times the Registration Statement, at the time it became effective, did not contain 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 were made, not misleading. Neither the Sale Preliminary Prospectus, at the Time of Sale, nor the Prospectus and any post-effective amendments thereto become effective (including any amendment thereof or supplement thereto), as of its date and on at the Closing Date and any the Option Closing Date, containedif any): (i) the Registration Statement, contains the Prospectus and any post-effective amendments thereto did and will in all material respects comply with the requirements of the Act and the Regulations; and (ii) neither the Registration Statement nor the Prospectus, nor any amendment or supplement thereto, on such dates, do or will contain 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 were made, not misleading. The representations representation and warranties warranty made in this Section 2.3.2 do 2.4.1(ii) does not apply to statements made or statements omitted in reliance upon and in conformity with written information furnished to the Company by the Representative Underwriters expressly for use in the Registration Statement, the Sale Preliminary Prospectus Statement or the Prospectus or any amendment thereof or supplement thereto, it being understood . The parties acknowledge and agreed agree that the only such information furnished provided by the Representative consists or on behalf of the information described as such Underwriter consists solely of the disclosure contained in Section 6.2 hereofthe “Underwriting” section of the Prospectus (the “Underwriter’s Information”).

10b-5 Representation. At the Applicable Time and at the respective times the Registration Statement, the Prospectus and any post-effective amendments thereto become effective (and at the Closing Date and the Option Closing Date, if any): (i) The Registration Statement, at the time it became effective, Prospectus and any post-effective amendments thereto did not contain any untrue statement of a and will in all material fact or omit respects conform to state any material fact required to be stated therein or necessary to make the statements therein, in light requirements of the circumstances under which they were made, not misleading. Act and the Regulations; (ii) Neither the Sale Preliminary Registration Statement nor the Prospectus, at the Time of Sale, nor the Prospectus (including any amendment thereof or supplement thereto), as of its date and on the Closing Date and any Option Closing Datesuch dates, contained, contains do or will contain 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 were made, not misleading. The representations representation and warranties warranty made in this Section 2.3.2 do 2.3.1(ii) does not apply to statements made or statements omitted in reliance upon and in conformity with written information furnished to the Company with respect to the Underwriters by the Representative Representatives expressly for use in the Registration Statement, the Sale Preliminary Prospectus Statement or the Prospectus or any amendment thereof or supplement thereto, it being understood . The parties acknowledge and agreed agree that the only such information furnished provided by the Representative or on behalf of any Underwriters consists solely of the information described as such disclosure contained in Section 6.2 hereofthe “Stabilization” paragraph under the caption “Underwriting (Conflicts of Interest)” of the Prospectus (the “Underwriters’ Information”).

10b-5 Representation. At the Applicable Time and at the respective times the Registration Statement, the Prospectus and any post-effective amendments thereto become effective (and at the Closing Date and the Option Closing Date, if any): (i) The Registration Statement, at the time it became effective, Prospectus and any post-effective amendments thereto did not contain any untrue statement of a and will in all material fact or omit respects conform to state any material fact required to be stated therein or necessary to make the statements therein, in light requirements of the circumstances under which they were made, not misleading. Act and the Regulations; (ii) Neither the Sale Preliminary Registration Statement nor the Prospectus, at the Time of Sale, nor the Prospectus (including any amendment thereof or supplement thereto), as of its date and on the Closing Date and any Option Closing Datesuch dates, contained, contains do or will contain 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 were made, not misleading. The representations representation and warranties warranty made in this Section 2.3.2 do 2.3.1(ii) does not apply to statements made or statements omitted in reliance upon and in conformity with written information furnished to the Company with respect to the Underwriters by the Representative Representatives expressly for use in the Registration Statement, the Sale Preliminary Prospectus Statement or the Prospectus or any amendment thereof or supplement thereto, it being understood . The parties acknowledge and agreed agree that the only such information furnished provided by the Representative or on behalf of any Underwriter consists solely of the information described as such disclosure contained in Section 6.2 hereofthe paragraph identified by “Stabilization” under the caption “Underwriting” of the Prospectus (the “Underwriters’ Information”).

10b-5 Representation. At the Applicable Time and at the respective times the Registration Statement, the Prospectus and any post-effective amendments thereto become effective (and at the Closing Date and the Option Closing Date, if any): (i) The Registration Statement, at the time it became effective, Prospectus and any post-effective amendments thereto did not contain any untrue statement of a and will in all material fact or omit respects conform to state any material fact required to be stated therein or necessary to make the statements therein, in light requirements of the circumstances under which they were made, not misleading. Act and the Regulations; (ii) Neither the Sale Preliminary Registration Statement nor the Prospectus, at the Time of Sale, nor the Prospectus (including any amendment thereof or supplement thereto), as of its date and on the Closing Date and any Option Closing Datesuch dates, contained, contains do or will contain 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 were made, not misleading. The representations representation and warranties warranty made in this Section 2.3.2 do 2.3.1(ii) does not apply to statements made or statements omitted in reliance upon and in conformity with written information furnished to the Company with respect to the Underwriter by the Representative Underwriter expressly for use in the Registration Statement, the Sale Preliminary Prospectus Statement or the Prospectus or any amendment thereof or supplement thereto, it being understood . The parties acknowledge and agreed agree that the only such information furnished provided by the Representative consists or on behalf of the information described as such Underwriter consists solely of the disclosure contained in Section 6.2 hereofparagraph identified by “Stabilization” under the caption “Underwriting” of the Prospectus (the “Underwriter’s Information”).

10b-5 Representation. The Registration Statement, at the time it became effective, did not contain 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 were made, not misleading. Neither the Sale Preliminary Prospectus, at the Time of Sale, nor the Prospectus (including any amendment thereof or supplement thereto), as of its date and on the Closing Date and any Option Closing Date, contained, contains contained or will contain 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 were made, not misleading. The representations and warranties made in this Section 2.3.2 do not apply to statements made or statements omitted in reliance upon and in conformity with written information furnished to the Company with respect to the Underwriters by the Representative expressly for use in the Registration Statement, the Sale Preliminary Prospectus or the Prospectus or any amendment thereof or supplement thereto, it being understood and agreed that the only such information furnished by the Representative consists of the information described as such in Section 6.2 5.2 hereof.

10b-5 Representation. At the respective times the Registration Statement, the Prospectus and any post-effective amendments thereto become effective (and at the Closing Date and the Option Closing Date, if any): (i) The Registration Statement, at the time it became effective, Prospectus and any post-effective amendments thereto did not contain any untrue statement of a and will in all material fact or omit respects conform to state any material fact required to be stated therein or necessary to make the statements therein, in light requirements of the circumstances under which they were made, not misleading. Act and the Regulations; (ii) Neither the Sale Preliminary Registration Statement nor the Prospectus, at the Time of Sale, nor the Prospectus (including any amendment thereof or supplement thereto), as of its date and on the Closing Date and any Option Closing Datesuch dates, contained, contains do or will contain 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 were made, not misleading. The representations representation and warranties warranty made in this Section 2.3.2 do 2.3.1(ii) does not apply to statements made or statements omitted in reliance upon and in conformity with written information furnished to the Company with respect to the Underwriters by the Representative expressly for use in the Registration Statement, the Sale Preliminary Prospectus Statement or the Prospectus or any amendment thereof or supplement thereto, it being understood . The parties acknowledge and agreed agree that the only such information furnished provided by the Representative or on behalf of any Underwriter consists solely of the information described as such disclosure contained in Section 6.2 hereofthe “Underwriting” section of the Prospectus (the “Underwriters’ Information”).

10b-5 Representation. At the Applicable Time and at the respective times the Registration Statement, the Prospectus and any post-effective amendments thereto become effective (and at the Closing Date and the Option Closing Date, if any): (i) The Registration Statement, at the time it became effective, Prospectus and any post-effective amendments thereto did not contain any untrue statement of a and will in all material fact or omit respects conform to state any material fact required to be stated therein or necessary to make the statements therein, in light requirements of the circumstances under which they were made, not misleading. Act and the Regulations; (ii) Neither the Sale Preliminary Registration Statement nor the Prospectus, at the Time of Sale, nor the Prospectus (including any amendment thereof or supplement thereto), as of its date and on the Closing Date and any Option Closing Datesuch dates, contained, contains do or will contain 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 were made, not misleading. The representations representation and warranties warranty made in this Section 2.3.2 do 2.3.1(ii) does not apply to statements made or statements omitted in reliance upon and in conformity with written information furnished to the Company with respect to the Underwriter by the Representative Underwriter expressly for use in the Registration Statement, the Sale Preliminary Prospectus Statement or the Prospectus or any amendment thereof or supplement thereto, it being understood . The parties acknowledge and agreed agree that the only such information furnished provided by the Representative consists or on behalf of the information described as such Underwriter consists solely of the disclosure contained in Section 6.2 hereofparagraph identified by “Stabilization” under the caption “Underwriting” of the Prospectus (the ”Underwriter’s Information”).