Accuracy of Offering Documents. The Offering Documents, at the time of filing, conformed in all material respects with the requirements, to the extent applicable, of the '34 Act and the applicable Rules and Regulations and did not include 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. On the Closing Date (as hereinafter defined), the Offering Documents will contain all statements which are required to be stated therein in accordance with the '34 Act and the Rules and Regulations for the purposes of the proposed Offering, and all statements of material fact contained in the Offering Documents will be true and correct, and the Offering Documents will not include 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; PROVIDED, however, that the Company does not make any representations or warranties as to the information contained in or omitted from the Offering Documents in reliance upon written information furnished on behalf of the Agent or the Investors specifically for use therein.
Accuracy of Offering Documents. The Offering Documents, at the time of filing, conformed in all material respects with the requirements, to the extent applicable, of the `34 Act and the applicable Rules and Regulations and did not include 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. On each Closing Date (as hereinafter defined), the Offering Documents will contain all statements which are required to be stated therein in accordance with the `34 Act and the Rules and Regulations for the purposes of the proposed Offering, and all statements of material fact contained in the Offering Documents will be true and correct, and the Offering Documents will not include 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; provided, however, that the Company does not make any representations or warranties as to the information contained in or omitted from the Offering Documents in reliance upon written information furnished on behalf of the Agent or the Investors specifically for use therein.
Accuracy of Offering Documents. Taken together, the Offering ------------------------------ Documents, at the time of delivery to subscribers for the Securities, conformed in all material respects with the requirements, to the extent applicable, of the Act and the applicable Rules and Regulations and did not include 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. On the Closing Date (as hereinafter defined), the Offering Documents, taken together, will contain all material statements which are required to be stated therein in accordance with the Act and the Rules and Regulations for the purposes of the proposed Offering, and all statements of material fact contained in the Offering Documents will be true and correct, and the Offering Documents will not include 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; provided, -------- however, that the Company does not make any representations or warranties as to the information contained in or omitted from the Offering Documents in reliance upon written information furnished on behalf of the Agent specifically for use therein.
Accuracy of Offering Documents. All reports required to be filed by the Company within the two years prior to the date of this Agreement under the Securities Exchange Act of 1934, as amended (the “Exchange Act”), have been duly filed with the Commission, complied at the time of filing in all material respects with the requirements of their respective forms and the rules and regulations thereunder, except to the extent updated or superseded by any subsequently filed report, were complete and correct in all material respects as of the dates at which the information was furnished, and such reports did not contain (as of their respective dates) any untrue statements of a material fact nor omitted to state any material fact necessary in order to make the statements contained therein, in light of the circumstances under which they were made, not misleading, or, if amended, as so amended. The Memorandum was complete and correct in all material respects as of the date thereof, and as of such date the Memorandum did not contain any untrue statements of a material fact nor omitted to state any material fact necessary in order to make the statements contained there, in light of the circumstances under which they were made, not misleading, or, if amended, as so amended.
Accuracy of Offering Documents. All reports required to be filed by the Company within the two years prior to the date of this Agreement under the Securities Exchange Act of 1934, as amended (the “Exchange Act”), have been duly filed with the Commission, complied at the time of filing in all material respects with the requirements of their respective forms and the rules and regulations thereunder, except to the extent updated or superseded by any subsequently filed report, were complete and correct in all material respects as of the dates at which the information was furnished, and such reports did not contain (as of their respective dates) any untrue statements of a material fact nor omitted to state any material fact necessary in order to make the statements contained therein, in light of the circumstances under which they were made, not misleading except to the extent updated or superseded by any subsequently filed report.
Accuracy of Offering Documents. The preliminary and final private placement memorandums for the sale of the Bonds and any supplement or amendments to either of them are on the dates such documents are issued true and correct in all material respects and do not contain any untrue or misleading statement of a material fact or omit to state a material fact necessary in order to make the statements therein not misleading; provided no representation or warranty is made with respect to information furnished by the Lenders, the City or the co-placement agents for the Bonds which is contained therein.
Accuracy of Offering Documents. The Company’s annual report on SEC Form 10-K for the year ended December 31, 2004 (the “2004 10-K”), and all reports required to be filed by the Company within one year prior to the date of this Agreement under the Securities Exchange Act, have been duly filed with the Commission, complied at the time of filing in all material respects with the requirements of their respective forms and the rules and regulations thereunder, except to the extent updated or superseded by any subsequently filed report, were complete and correct in all material respects as of the dates at which the information was furnished, and such reports did not contain (as of their respective dates) any untrue statements of a material fact nor omitted to state any material fact necessary in order to make the statements contained therein, in light of the circumstances under which they were made, not misleading, or, if amended, as so amended.
Accuracy of Offering Documents. The Underwriter shall not have disclosed in writing to the Company that the Prospectus or any amendment thereof or supplement thereto contains an untrue statement of a fact which, in the opinion of counsel to the Underwriter, is material, or omits to state a fact which, in the opinion of counsel to the Underwriter, is material and is required to be stated therein, or is necessary to make the statements therein not misleading.
Accuracy of Offering Documents. The Prelim-inary Limited Offering Memorandum and the Final Limited Offering Memorandum (and any other offering materials related to the offering and sale of the Bonds) shall contain no untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. Notwithstanding the foregoing, in the event that the Final Limited Offering Memorandum differs in any way from the Preliminary Limited Offering Memorandum and/or other offering materials related to the offering and sale of the Bonds, to that extent only the Final Limited Offering Memorandum shall be relied upon.
Accuracy of Offering Documents. The Offering Documents delivered to the Subscribers in connection with the transactions contemplated hereby do not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements contained therein, in light of the circumstances under which they were made, not misleading.
