Disclosure Documents; SEC Filings Clause Samples

Disclosure Documents; SEC Filings. (a) The information supplied by each of ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ Sub, Newco and Merger Subsidiary for inclusion or incorporation by reference in the Registration Statement shall not at the time the Registration Statement is declared effective by the SEC (or, with respect to any post-effective amendment or supplement, at the time such post-effective amendment or supplement becomes effective) 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 information supplied by each of ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ Sub, Newco and Merger Subsidiary for inclusion in the Proxy Statement/Prospectus, or any amendment or supplement thereto, shall not, on the date the Proxy Statement/Prospectus, and any amendments or supplements thereto, is first mailed to the stockholders of Aspen or at the time of the Aspen Stockholder Approval 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. (b) ▇▇▇▇▇▇▇ has filed with or furnished to the SEC, and made available to Aspen, all ▇▇▇▇▇▇▇ SEC Documents to the extent related to the Echo Business. As of its filing date (and as of the date of any amendment), each ▇▇▇▇▇▇▇ SEC Document complied, and each ▇▇▇▇▇▇▇ SEC Document filed subsequent to the date hereof will comply, as to form in all material respects with the applicable requirements of the 1933 Act and the 1934 Act, as the case may be, in each case, to the extent related to the Echo Business. As of its filing date (or, if amended or superseded by a filing prior to the date hereof, on the date of such filing), each ▇▇▇▇▇▇▇ SEC Document did not, and each ▇▇▇▇▇▇▇ SEC Document filed subsequent to the date hereof will not, contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading, in each case, to the extent related to the Echo Business.